How is property divided after divorce?

When realizing the division of property acquired jointly in the period of residence, disputes may arise. Because of what usually these disputes arise? Former spouses often can not figure out which property is joint and which is personal. What value, what part should belong to everyone. Against this background, the division of property after the divorce presents some difficulties.

In view of the fact that the litigation involves the division of property (and it can constitute a very large amount), the significance of the dispute is very great.

Let's see what the division of property is. This is a legal event, during which the material values acquired by two people during official marriage and cohabitation are divided equally. The basis is the application to the court written by the spouse or the spouse. The division can be carried out both during the life of a married couple and after it, when one of the spouses will go to court with a view to recovering the share belonging to him.

As a rule, shares are considered equal, but here there are difficulties. The court has the right to appoint one of the shares more if it concerns the interests of minor children.

Division of property after divorce can be carried out in two ways. The first is an appeal to the court, and the second way is a voluntary agreement between the spouses.

In this section of the legal right (family law), non-standard and controversial situations are considered quite often, as the spouses can not always solve this problem without the intervention of lawyers.

In many countries, at the time of marriage, a marriage contract is drawn up , which describes all the nuances that may arise during divorce. In our country, such contracts are still exotic, so avoiding a meeting with a lawyer and a judge is difficult, you need qualified help.

By hiring a lawyer, you will receive such services as providing the necessary advice on how to divide the property after a divorce in court and without it. Assistance in drawing up a statement of claim, collecting information and documents relating to common property. The lawyer will be present at all court hearings both with the applicant and without him. He will receive the result of the trial and his ancestor to the plaintiff. To carry out escort at all stages of the execution of the court verdict is also included in his duties.

To avoid trial in court, there must be good reasons for the implementation of the property section on a voluntary basis. Experience has shown that in order not to go to court, the following documents are needed: the marriage contract and the contract, which includes not only the procedure, but also the time period for separating the property after the divorce, allowing you to disperse peacefully.

These documents contain all the items that take into account the interests of each spouse, and in addition, those factors that are of great importance in the divorce and division of property. Also, a controversial situation can be solved with the help of a hired qualified lawyer.

In Russia, usually does not sign a marriage contract when registering a marriage, so the procedure for the division of property often occurs in court. Of course, there are already precedents, when the division of property after the divorce was carried out in accordance with the marriage contract. But such examples are still few.

During the divorce, each of the spouses, as a rule, applies for most of the property. In order to solve these issues, an examination is used, which determines the amount of material or other values to be shared.

Apartment - the main subject, near which there are various disputes. Since housing has a value greater than any other object, then there are many questions.

Personal property can be considered:

• Apartment in the event that it was acquired before marriage by one spouse. Also The division of property after the divorce will not affect the interests of one of the spouses if the apartment was donated or inherited;
• Things, although acquired in marriage, if they are intended for personal use;
• Awards, bonuses given to one spouse for personal achievements.