Today it is becoming quite common that the couple after a divorce cannot peacefully share property. According to statistics, cases related to this issue occupy leading positions in civil proceedings. Let's see if it is possible to do without the help of a lawyer, and how to write a statement of claim on the division of property.
Rarely, former spouses can independently agree on the division of property. As a rule, long trials are started when everyone wants to get their own benefit. Of course, it is better to ask a lawyer to draw up this lawsuit, especially if there are contentious issues. After all, the matter concerns property, often accumulated with great difficulty. Is it worth the risk of saving on the services of a specialist? But if an appeal to a lawyer is impossible, then you can find a sample application on the Internet and complete everything yourself. In any case, you should know the basic requirements in order to write a statement of claim on the division of property of spouses. We will talk about this in the article.
What is the statute of limitations on the division of property?
You should know that the statute of limitations on this issue is not more than three years. If after a divorce during this time the couple did not hurry to solve the problem, then the case will be closed forever. An application for the division of property is usually filed simultaneously with the application for divorce. This allows you to immediately resolve all misunderstandings, without returning to them for many years. But if for some reason the problem arose later, and the husband and wife could not agree peacefully, any of them can submit this document within three years. In this case, the lawsuit on the division of property of the spouses will be considered as a separate proceeding.
Claim requirements
1. The application must indicate the type and price of the property. It should be remembered that when considering the case, specific facts, the grounds for the division of the disputed property, the acquisition time, and so on will be taken into account. The application should provide the entire list of property acquired during the marriage, its value.
2. Describe the grounds on which the plaintiff can claim a large share. By law, all property acquired in a marriage is divided equally. But there are exceptions when one of the parties can be awarded a large share. Such reasons are, for example, the presence of a child when the mother has the opportunity to receive most of the property. The husband may also in some cases claim a significant share if he proves that his contribution to the purchase of a home or car was more significant.
3. A statement of claim on the division of property is required to exclude things that cannot be divided. These include: personal items, including musical instruments, inherited property, items belonging to children, and gifts.
In addition, it should be remembered that the statement of claim on the division of property will be accepted for consideration only if all the necessary evidence of ownership has been attached, the state fee has been paid and all the rules for making a claim have been complied with.