Division of property (equitable distribution)

We provide our Clients with professional legal assistance resolving any legal disputes over the division of property after separation.

It’s worth remembering that division of property during divorce does not necessarily mean a long and boring procedure. A qualified lawyer can properly formalize your interests and achieve the desired result.

Things to consider when dividing marital property

We can name 2 mechanisms of dispute resolution on division of property in divorce:

• Though mediation (out-of-court settlement);
• Through court procedures.

What is subject to division in a divorce?

All property acquired during the marriage.

What is not divided during a divorce?

• Property acquired before the registration of marital relations;
• Property acquired based on a donation or inheritance agreement;
• Property acquired during the marriage but with personal funds (requires proof);
• Housing acquired through privatization (exception: if privatization occurred between February 8, 2011, and June 12, 2012, it will be considered community property);
• Land acquired through privatization (exception: if privatization occurred between February 8, 2011, and June 12, 2012, it will be considered community property);
• Jewelry;
• Items for personal use;
• Awards received for personal achievements;
• Monetary compensation for loss or damage to personal belongings;
• Monetary compensation received for causing moral harm;
• Insurance amounts received for personal insurance;
• The court may also recognize as personal property the assets acquired during a separate residence of the wife and husband due to the actual termination of marital relations.

The Marital Settlement Agreement

Both the wife and husband retain the right to divide their community property, regardless of the termination of their marital relationship.

If spouses reach an agreement regarding the distribution of their property, they are entitled to enter into a Marital Settlement Agreement.

This agreement must be notarized.

We will assist you in correctly drafting the Marital Settlement Agreement.

Application for the Division of Marital Property

If an agreement is not reached between spouses on the division of community property, its division will occur through legal proceedings.

To file a lawsuit, it is necessary to gather all legal documents related to community property, including the marriage document – the Marriage Certificate, and documents confirming the termination of the marriage.

How is inheritance divided in divorce?

Inheritance is considered personal property and is not subject to division.

How is property divided when there are children?

Husband and wife have equal rights to jointly acquired property, and the residence of a child with one of the parents does not affect the spouses' shares in community property.

How to divide a car after divorce?

Typically, the court awards the car to one of the spouses and requires the other to compensate for 50% of its value.

Are pets subject to division in divorce?

Cases involving pets are rare, but the court is obligated to consider all issues raised in the divorce petition. Evidence supporting the attachment of the pet to one spouse, the attention given to the pet, the party who acquired it, and other factors will be taken into account.

Specifics of Business Division in Divorce

If one spouse is a participant in a business entity and contributes jointly acquired property to its statutory capital, such property becomes the ownership of that enterprise. At the same time, the right to property (i.e. ownership right) of the other spouse transforms into a right to claim half the value of the contributed property in the event of marital property division. This right can also extend to a claim for half of the income generated from the business.

If you are confronted with the complex task of dividing assets during a divorce and are seeking a careful, less risky, and less traumatic approach, do not hesitate to contact us!