A classic situation - the spouses have filed for divorce and are going to divide the jointly acquired property. How to determine the share in the property and is it possible to do without litigation?
Instructions
Step 1
In any case, as the lawyers advise, it is better to divide the jointly acquired property amicably, by agreement of the parties.
If the agreement of the parties is impossible for objective or subjective reasons, contact the court at the place of residence of one of the owners claiming the allocation of a share. It should be noted that the claim can be fully satisfied if the share can be allocated in kind (for example, when changing an apartment).
Step 2
If you cannot divide the property in this way, then fill out an application for determining the value of the share in monetary terms.
Step 3
Then, during the execution of the agreement of the parties or in court, submit documents confirming the results of an expert assessment of your share in the property, and the specified amount of compensation should not be less than its market value.
Step 4
Provide other documents confirming the circumstances on the basis of which you can apply for the allocation of a share (divorce, inheritance by law, business reorganization, etc.). The amount of monetary compensation and the timing of its payment are determined in the same way, by agreement of the parties or by court decision. The Civil Code of the Russian Federation also provides for exceptions to the general rules for registering a share in property. For example, if you have an insignificant share in the common property, are not interested in using the joint property, or it is unrealistic to allocate it, then the court, taking into account these circumstances, immediately assigns the payment of material compensation.
