Before submitting such an application to the court, it is worthwhile to think carefully about the fact that resolving this important issue amicably can significantly save not only nerves, time and money, but also help to stay with the ex-spouse in as friendly relations as possible.
Necessary
- - legal advice;
- - a well-written statement on the division of property;
- - certificate of marriage (if you are already divorced, then also about dissolution);
- - payment documents and documents confirming the right to property (checks, receipts, payment orders, certificates of state registration, contracts, etc.);
- - a report on the assessment of each of the disputed property objects.
Instructions
Step 1
In Russia, it is not often that there are couples who are ready to sign a prenuptial agreement at the time of marriage. Maybe this is not very romantic, but his conclusion could subsequently greatly facilitate the process of divorce and division of property for the former lover.
Of course, it would be ideal if the spouses could agree on the division of property amicably. Unfortunately, even at first, couples who are not in the mood for litigation often change their point of view during a divorce.
The main advice that a former spouse can give before considering such a case is at least not to involve children and relatives in this complex and nervous process. And also, if possible, remain polite, not stoop to mutual insults and lies. Before starting the process, try to remember that some time ago you tied your life and planned a joint future with a person with whom you are now ready to "fight" in court for your common property.
Step 2
In total, there are two types of claims for the division of property:
- filed together with a divorce suit;
- filed separately from the application for divorce.
Step 3
In court, cases on the division of the property of former spouses are classified as complex. For several common reasons:
- the emergence of counterclaims for the division of other property not specified or forgotten in the original application;
- the emergence of counterclaims on the division of common debts and loans of spouses (the most common example from life is a jointly arranged mortgage, car loan);
- falsification of documents that the disputed property was allegedly donated, inherited, registered in the name of relatives, etc.
In the event of such complications, it will be difficult for you to defend your interests yourself. The help of an experienced and qualified lawyer can significantly simplify and speed up the process, as well as avoid some mistakes.
Remember that forgery and perjury are punishable by law.
Step 4
To file a claim for the division of property in court, you must collect the following documents:
- marriage certificate;
- if the marriage has already been dissolved, then the divorce certificate;
- documents for property, confirming your ownership, as well as the fact that you personally spent money on the maintenance of this property (checks, receipts, payment orders, certificates of state registration for real estate, contracts, etc.);
- a report of a disinterested person on the assessment of each of the disputed objects of property subject to division.
Having collected a full package of documents, a receipt for payment of the state duty, the claim itself is drawn up, in which it is necessary to determine its price (the estimated value of the property considered in the claim).
Be sure to make photocopies of the drawn up statement on the division of property, as well as all the documents attached to it in two copies: one for the court, the second for the defendant.
Step 5
All collected documents and their copies must be submitted to the World Court.
It is very important that only property acquired together in marriage is subject to division. Only officially registered marriage is taken into account. However, property that was acquired by one of the spouses under a gratuitous transaction is not subject to division. A striking example of such an exception is inheritance.
