Division of Property- a legal procedure, under which property acquired by spouses during marriage is divided between them. This section is possible during the marriage or after its dissolution. The limitation period is three years from the date of divorce. The best way to partition the property is clearly the agreement of the parties. However, practice shows that the former spouses is not always possible with a "cold" reason to address this problem. Emotions are going wild, and no constructive dialogue fails. This is perhaps the main reason for seeking a professional defender of your rights, not burdened with a heavy psychological burden.
When dividing property, you'll first need to clarify its legal regime. The Family Code of the RF regime of marital property is legitimate and the treaty. The legal regime is most common in Russia and takes place in the absence of a marriage contract or agreement on the division of property.
Property acquired during the marriage with money owned by one spouse before marriage, not to be shared. The same applies to property received by a party as a gift or by inheritance. Plenum of the Supreme Court gave the following explanation on the said matter: "The property acquired while during the marriage, but the personal funds of a spouse owned it before marriage, and also received a gift or by inheritance, not the co-ownership spouses.
As a general rule section is subject only to property jointly acquired during marriage. The law is based on the equal rights of spouses, regardless of the size of their income earned in the marriage. Active division of property on divorce equally, even if one spouse has never worked (of course, if other conditions are not defined marriage contract). All property belonging to the parties to the marriage section is not subject. Despite this clear definition, courts consider many complex cases in this area, especially if a divorce should take into account the interests of minor children. Get help from a lawyer, you will know their legal rights, have an idea of the amount of assistance that you provide specialists in pretrial and trial procedure.
Searching property, recovery of lost documents, drafting of agreements on the division of property, representing your interests in court - these services are offered by our lawyers in dealing with this sensitive issue.
Section property has many nuances that must be considered. Therefore, should spend at least legal advice on this matter, to know what you can expect. In this case, you can assess their chances and be prepared to defend their rights. In some cases, only a court could resolve the problem with the division of your property.
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