Division of property (equitable distribution)
Cost of services
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What we offer
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Conducting a preliminary analysis of the situation and providing well-founded legal consultations on the division of marital property;
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Assisting in gathering proper and admissible evidence;
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Preparing legal requests if necessary to obtain required information;
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Drafting lawsuits for the division of marital property;
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Preparing relevant motions needed during court proceedings;
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Drafting responses to legal responses;
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Lawyer's participation in court proceedings for the division of marital property;
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Obtaining a court decision;
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Assisting in the enforcement of the court decision on the division of marital property.
Documents Required
What is the community property of spouses in simple terms?
This refers to the property acquired during the period of marriage, regardless of which spouse it is registered to.
Ways to divide the community property of spouses
- By mutual agreement;
- Through the court.
The first task of the lawyer is to determine which path is best for you, considering the risks of each option.
How is property distributed after divorce?
Property distribution in divorce can take two paths:
- By mutual agreement of the parties.
- Through the court.
What is the timeline for property division after a divorce?
The timeline varies depending on the chosen path:
Through mutual agreement – it occurs relatively quickly, within a few days, assuming the involvement of a mediator or a professional lawyer facilitating the process.
Through the court – the timeframe depends on the extent of shared assets, the available evidence in the case materials, and the need to file appropriate motions for their collection. Factors such as the necessity of expert examinations directly influence the duration of case proceedings.
What documents are required for the division of property after a divorce?
- Marriage certificate
- Documents confirming the dissolution of the marriage
- Birth certificate of the child
- Title deeds for community property (documents confirming ownership rights)
- Copy of passport and taxpayer identification number, residence registration (ID-Passport)
- Other documents supporting claims and denials.
How to divide the property of a couple in a civil marriage?
The division of property acquired during a civil partnership differs from the division of property in a registered marriage only in the additional requirement to prove in court the actual existence of such a relationship by collecting relevant evidence.
Why us
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.
Answers to frequently asked questions
Does the ownership registration of property between spouses matter?
No.
Are precious items subject to division between spouses?
No.
Does the residence of a child with one of the spouses affect the size of their respective shares?
No.
Is a land plot acquired through privatization subject to division?
It depends on the date of acquisition. If the land plot was privatized between February 8, 2011, and June 12, 2012, it is subject to division. If the privatization occurred before February 8, 2011, or after June 12, 2012, it is not subject to division.
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!
