Going to carry out the division of property afterdivorce, determine first of all its legal regime. Property that was acquired before marriage; A gift or inheritance, which each of the spouses received during cohabitation; as well as things of individual, personal use are not subject to this section.
If during the termination of marriage the spouse does notdivided the property for one reason or another, they can conduct all the necessary procedures after the divorce. This can be done by signing an agreement on the division of property, and you can go to court. The latter option provides for filing a lawsuit.
Conclusion of an agreement
This method allows you to divide the propertyafter the dissolution of marriage, without resorting to court. It has a number of advantages, both legal and economic. Therefore, a qualified lawyer for the division of property first of all will recommend this method to clients.
The economic advantage of this approach is,that the conclusion of the contract relieves the ex-spouses of the costs associated with the payment of the state duty when applying to the court. In addition, it will not be necessary to pay for the services of representatives of the parties in court.
The second advantage is freedom of contract.The agreement can be concluded on terms that maximally satisfy both sides. In addition, you can enter into it the conditions for the execution of monetary or property obligations with a prolonged period.
Spouses who have concluded a sharing agreementproperty, may not apply the principle of equality of shares of each of them. The interests of minors and other family members can also be taken into account. The attorney will take care of all the details of the contract. Alimony is also discussed at the request of the parties.
Filing a lawsuit
Often, the division of property after the dissolution of marriage can not be carried out by agreement, and the case can be transferred to a court where it will be examined according to the civil procedure legislation of the Russian Federation.
When the plaintiff addresses the filing of a claimhe must pay a state fee, which is determined taking into account the cost of common property. The rules here are established by articles of the Tax Code of the Russian Federation 333.19 and 33.20. His claim and claims must be documented by the plaintiff.
There are situations when, having exhausted all the arguments,the spouses conclude that it is more expedient to conclude an amicable agreement that will be certified in the judicial procedure provided for by the CCP of the Russian Federation. It is because of this that the division of property after the dissolution of marriage, according to experienced specialists, should be conducted through an amicable agreement without filing a statement of claim with the judiciary. This is the most effective and fastest way to solve the property claims of former spouses.
