If you intend to perform the division of property after the dissolution of the marriage, determine first of all its legal regime. Property that was acquired before marriage; the gift or inheritance that each of the spouses received while living together; as well as things of individual, personal use are not subject to section.
If during the termination of the marriage the spouses did not share the property for one reason or another, they can carry out all the necessary procedures after the divorce. This can be done by concluding an agreement on the division of property, or you can go to court. The last option involves filing a lawsuit.
Conclusion of an agreement
This method allows the division of property after the dissolution of marriage, without going to court. It has a number of advantages, both legal and economic. Therefore, a qualified property division attorney will first of all recommend this method to clients.
The economic advantage of this approach is that the conclusion of the contract saves the former spouses from the costs associated with paying the state fee when applying for a lawsuit in 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 may be concluded on terms that satisfy both parties as much as possible. In addition, you can add to it the terms of fulfillment of monetary or property obligations with a prolonged period.
Spouses who have entered into an agreement on the division of property may not apply the principle of equal shares of each of them. The interests of minor children, other family members can also be taken into account. A lawyer 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 the marriage cannot be carried out by agreement, and the case can be referred to court, where it will be considered in accordance with the civil procedure law of the Russian Federation.
If the value of the property is less than 50,000 rubles, then the consideration of the case is carried out in the world court.
And when the cost is higher, the case is transferred to the district court where the defendant lives. If a dispute arises over immovable property, the case shall be considered by the court at the location of this property.
When the plaintiff applies for filing a statement of claim, he must pay the state fee, which is determined taking into account the value of the common property. The rules here are established by articles of the Tax Code of the Russian Federation 333.19 and 33.20. The plaintiff must document his arguments and requirements.
There are situations when, having exhausted all the arguments, the spouses conclude that it is more expedient to conclude a settlement agreement, which will be certified in a judicial procedure provided for by the Code of Civil Procedure of the Russian Federation. It is precisely because of this that the division of property after the dissolution of marriage, according to experienced specialists, should be carried out through an amicable agreement without submitting a statement of claim to the judicial authorities. This is the most effective and fastest way to resolve property claims of former spouses.