How To File A Divorce With A Division Of Property

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How To File A Divorce With A Division Of Property
How To File A Divorce With A Division Of Property

Video: How To File A Divorce With A Division Of Property

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Often, when divorcing, spouses try to defend their right to their property. Sometimes it turns out to be resolved peacefully, but often you need to resort to appeal to the courts. The section is carried out with the help of the submitted statement of claim.

How to file a divorce with a division of property
How to file a divorce with a division of property


Step 1

Agree with your spouse about how much of the property will belong to you after the divorce. If you did not draw up a contract before marriage (prenuptial agreement), you can discuss this before applying for a divorce. In case of disagreement, according to the law, this issue is resolved in court.

Step 2

Go to court at your place of residence with a statement of claim for the division of property. You can draw up the document yourself, seek help from an experienced lawyer, etc. Keep a copy for yourself with a note that you accept it. In the application, list the property you are applying for. You can only share those things that were bought during the marriage. What you or your spouse (s) received or acquired before marriage, you will not be able to share. The exception is when you have made a significant contribution to the improvement of the property and will be able to prove it in court. For example, show receipts for the purchase of building material at your expense during the construction or reconstruction of a house belonging to the second half before marriage, or receipts for the payment of a loan for housing previously purchased by the second half, with your signature. It may also be the testimony of neighbors that you did major repairs on your own using your own funds. However, all this is difficult to prove and requires thorough confirmation.

Step 3

Try to resolve the issue of the fate of the real estate acquired in marriage before the start of the trial. In accordance with the norms of the law, you have the right to exactly half of the jointly acquired property, regardless of whether you invested your money in its purchase or not. The same goes for paying off a loan or mortgage. All monetary debts are divided equally by the court. If you are disabled, the court may reduce your share of payments, but by no more than 1/3.

Step 4

In the absence of a peace agreement between the spouses, the car is also subject to division in court, regardless of who used it during the marriage. Here, usually everything depends on the spouses themselves, they will either have to sell the property and divide the money equally among themselves or pay the other spouse half of the cost of the car and continue to use it. If there is no compromise, the court will decide in favor of the sale.

Step 5

You can draw up one statement of claim for divorce, recovery of alimony for the maintenance of a child and division of property - in this case, all issues will be considered within one legal process. In the document, list information about all the property. If you suspect the existence of, for example, a spouse's bank deposits, ask the court to make a request to the appropriate authorities to confirm or deny the information. In this case, everything will also be divided equally between you.

Step 6

Prepare documents of title for jointly acquired property, as well as papers confirming its value. If it is impossible to independently decide on this issue, contact the appraiser. Usually this service is paid, but then you will know exactly how much you can claim. The court will examine the documents in due order, give them a legal assessment and, based on the results of the consideration, will make a decision.

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