The property acquired during the period of the marriage, has a special type of property – joint. Spouses / ex-spouses have equal rights to each item that was purchased in marriage for joint money. To obtain personal rights to property, it is necessary to divide and reissue them. To protect property interests in the division of property, it is advisable to attract lawyer from DTK Partners.
The law provides for the possibility of registration of the division of property of spouses during marriage and after divorce.
The following options are available for dividing the property:
- Voluntary. The parties shall independently determine the division procedure. Divisible property may include both personal and jointly acquired property of the spouses. The decision reached should be fixed in the agreement which should be notarized.
- Using a mediator. If the parties cannot reach an agreement, it is advisable to contact a qualified lawyer. Although appeal to mediators is not common in the Russian Federation, this option is much more economical than applying the court. The specialist will give a legal analysis of the situation and coordinate the terms of division of the property with each of the parties.
- Trial. If the parties cannot reach an agreement, then the matter will have to be settled in court. This option is the most costly both in terms of time and finances. The state duty to the court is calculated as a percentage of the volume of property, but cannot exceed 60,000 RUB.
In accordance with civil law, the limitation period for the division of property is 3 years from the date of divorce. After this period, the former spouse may go to court, but the defendant may ask the court to apply the limitation period.
Legal services for the division of property
The property division attorney will provide the following types of assistance:
- assessment of the divided property;
- drafting an agreement;
- preparing documents for the property;
- submitting documents to a notary;
- coordinating of the division between the parties;
- conducting mediation;
- drafting a statement of claim for court;
- representing the interests of the principal in litigation.
Important! When contacting a notary public, each spouse / former spouse must be present in person. And when applying to the court, the powers of the plaintiff or defendant can be transferred to a lawyer using a notarized power of attorney. The client does not even have to personally attend the proceedings.
Reasons to contact DTK Partners
- Our lawyers have extensive experience in supporting the process of dividing the property in Moscow and beyond.
- Confidentiality. Your family secrets will remain our secret.
- Cost of services. You pay for the services you need.
- Mediation services. We will take all measures to resolve the issue without bringing it to court.