Today, the situation is quite normal whenspouses after the divorce can not peacefully share the property. According to statistics, cases related to this issue occupy a leading position in civil legal proceedings. Let's see if we can do without the help of a lawyer, and how to write a statement of claim about the division of property.
Rarely former spouses can independentlyagree on the division of property. As a rule, long-term litigation is initiated, when everyone wants to get their own benefits. Of course, it is better to ask a lawyer to draw up this suit, especially if there are any disputable issues. After all, the matter concerns property, which is often accumulated with great difficulty. Is it worth it to risk saving on the services of a specialist? But if the appeal to a lawyer is impossible, then you can find a sample application online and do it yourself. In any case, you need to know the basic requirements to write a statement of claim on the division of property of spouses. This we will talk about in the article.
What is the statute of limitations on the division of property?
It should be noted that the statute of limitations for thisissue is not more than three years. If, after the divorce, during this time, the spouses did not hurry to solve the problem, the case will be closed forever. A statement of claim for the division of property is usually filed simultaneously with the application for divorce. This allows you to immediately solve all the misunderstandings, not returning to them for many years. But if for some reason the problem arose later, and the husband and wife could not peacefully agree, any of them can file this document within three years. In this case, the claim for the division of the property of the spouses will be considered as a separate proceeding.
Requirements for making a claim
1.The application must indicate the type and price of the property. It should be remembered that when considering the case, specific facts will be taken into account, the grounds for partitioning the disputed property, the time of acquisition and so on. In the application should be given the entire list of property acquired during the marriage, its value.
2.Describe the grounds on which the plaintiff can claim a large share. According to the law, all property acquired in a marriage is divided equally. But there are exceptions, when one of the parties can award a large share. Such reasons are, for example, the presence of a child, when the mother has the opportunity to receive a large part of the property. The husband can also in some cases claim a significant share if he proves that his contribution to the acquisition of housing or a car was more significant.
3.The statement of claim on the division of property must exclude things that can not be divided. These include: items of individual use, including musical instruments, property inherited from inheritance, things belonging to children, and gifts.
In addition, it should be remembered that the claimthe application for the division of property will be accepted for consideration only if all the necessary proofs of the property right are attached, the state fee will be paid and all the rules for drawing up the claim are complied with.
