How To Divide Property In Case Of Divorce

How To Divide Property In Case Of Divorce
How To Divide Property In Case Of Divorce

Video: How To Divide Property In Case Of Divorce

Video: How To Divide Property In Case Of Divorce
Video: How to Properly Divide Assets during a Separation or Divorce 2024, April
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Unfortunately, statistics show that nowadays almost every second marriage ends in divorce. Divorce is a painful process that is often accompanied by the division of jointly acquired property.

How to divide property in case of divorce
How to divide property in case of divorce

Sometimes it is quite difficult to divide property in case of divorce, since both spouses equally claim it. According to the current legislation, joint property is all common property acquired by spouses during marriage. In this case, it does not matter at all who earned money to buy furniture, a car or an apartment. The wife and husband have equal shares in the jointly acquired property, therefore, if the issue of the division of property has not been resolved amicably, you should go to court. The judge will make a decision that will be based not only on the claims of the spouses, but also on their interests and responsibilities, of course, taking into account the interests of the children. Ideally, of course, it is better to disperse amicably and without mutual claims, turning to a notary for the division of property. After all, legal costs will cost much more than a notary fee (their amount is usually about a few percent of the total value of the property, and when it comes to real estate or personal transport, the costs will be very substantial). But if there is no other way out, you have to rely only on justice. If the spouses at one time entered into a marriage contract, certified by a notary, this document will certainly be taken into account by the court. But there are certain categories of property that cannot be divided upon divorce. The section does not threaten the personal property of the spouses (with the exception of jewelry and luxury items), as well as all property that each of the spouses managed to acquire before marriage. In addition, if you plan to divide property in case of divorce by going to court, remember that property received by you or your spouse by inheritance or as a gift is also not subject to division - even if it was received during the marriage.

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