Most couples at the beginning of a relationship do not think about the possible separation and the unpleasant ensuing consequences. Although it would be much more expedient to sign a marriage contract, because it will facilitate the division of property and the separation process. The division of property is drawn up in accordance with the legislation of the Russian Federation.
Instructions
Step 1
Of course, the easiest way will be to hide your emotions and try to resolve issues with your ex-spouse in the process of peace negotiations. So you will save your money, time, and most importantly - nerves. During a friendly conversation, you can offer your own version of the division of property, and only then listen to the point of view of your partner. Voluntary division of property involves reaching an agreement. In this case, the spouses should conclude a written agreement, and if desired, it can be notarized. In the process of concluding a voluntary agreement on the division of property, the spouses themselves determine their own shares.
Step 2
If it was not possible to agree peacefully with each other, then a claim for the division of property should be filed in court. The statement of claim is required to indicate the list of property that is subject to division, as well as its estimated value. When filing a statement of claim with the court, you need to collect all documents on joint property, which indicate the time and methods of its acquisition. By law, the court proceeds from the principle of equal shares in joint property. Although this principle is not always followed, the interests of minor children are additionally taken into account.
Step 3
To apply to the magistrate's court, you need to collect the following documents:
- marriage certificate;
- certificate of divorce;
- documents proving ownership and receipts, checks, payment orders confirming that you personally spent money to maintain the property.
When the full package of documents is collected, the state duty is paid, then you need to leave the claim itself. It is necessary to determine the estimated value of the property considered in the claim.
Step 4
You can additionally seek the help of a qualified and experienced lawyer to speed up the process and avoid various mistakes. It should also be remembered that giving false testimony and forging documents is punishable by law, so there is no need to falsify documents, dispute property that was donated or inherited.
