DISTRIBUTION OF PROPERTY OF SPOUSES IN COURT

 The division of the common joint property of spouses is an extremely complex procedure that requires thorough knowledge of legislation and rich legal experience. And although the spouses always have the right to a peaceful settlement of property relations by concluding an agreement, in most cases the joint acquired property has to be divided through the courts.

 Below I will give answers to the main questions that arise during the distribution of spouses' property, which will help you to find your way if there is no lawyer you trust next to you.

Which court to apply when dividing property?

 The statement of claim must be submitted to the local general court. In the case of a division of immovable property - you need to apply at the location of such property or part of it, in the case of a division of movable property - at the place of registration of residence / stay of the defendant.

How long does it take to go to court with a statement of claim?

 If the marriage between the spouses is dissolved, the statute of limitations for the distribution of common property does not apply.

 If the marriage is dissolved, you can go to court within three years, which are counted from the day when one of the spouses learned about the violation of his property right to property.

What is the cost of distribution of property in court?

 The price includes the payment of the court fee and the costs of legal assistance. The costs of legal aid are calculated for each case individually, taking into account the complexity of the case and the experience of the lawyer.

What property is the spouses' common joint property?

• all property, with the exception of personal items that were acquired by spouses during marriage, regardless of whether the other spouse had an independent income or not;
• wages, scholarships, pensions and other income received by the spouses;
• things for professional occupations (musical instruments, office equipment, medical equipment, etc.) acquired during marriage for one of the spouses;
• if one of the spouses has entered into an agreement in the interests of the family, then money, other property, including fees, winnings, which were received under this agreement.

What property is the spouses' personal property?

• property acquired before marriage;
• property that was acquired during marriage on the basis of a gift contract or inherited;
• property acquired for the personal funds of one of the spouses;
• real estate acquired as a result of privatization;
• a land plot acquired by one of the spouses during marriage as a result of the privatization of land that was in his use, or obtained as a result of privatization of a land plot of state and communal agricultural enterprises, institutions and organizations, or received from state and communal land within the limits of free privatization norms ;
• things for individual use, including jewelry and valuables, even if they were acquired for common funds;
• awards, awards that one of the spouses received for personal merit. If the court establishes that the second of the spouses, by his actions, contributed to the receipt of such an award or award, the court may recognize his right to its share;
• funds that were received as compensation for the loss or damage of a thing that belonged to one of the spouses, as well as compensation for moral damage caused to him;
• insurance amounts received under compulsory or voluntary personal insurance, if such insurance premiums were paid at the expense of the personal funds of each of the spouses;
• property acquired during separation due to the actual termination of the marriage relationship.

How to split debts?

 If the loan agreement was concluded by one of the spouses in the interests of the family and the funds received under this agreement were used for family needs, the spouses are jointly liable for the obligations. Property acquired with funds received on credit is subject to division between the spouses, even if the loan is not paid. If the loan was obtained by one of the spouses secretly from the other or was used for their own needs, the other of the spouses will not be responsible for such an obligation.

 The above rules apply to a man with a woman who did not register a marriage, but lived in one family and ran a joint household.

 In addition, each rule carries many subtle legal nuances that affect the distribution of property, and without the help of an experienced lawyer, it can be quite difficult to defend your interests in court.