Issues of property division are very complex due to the General complexity of legal processes or a large number of nuances in each case. Problems most often arise when it comes to how to divide a car or apartment between spouses. That is why it is so important to contact a lawyer in time, who can help you prove your case and get what is required by law. Lawyers of Kasyanenko & Partners Law Company have been fighting for many years in the field of family disputes and know how to solve even the most inconvenient problems of wealth sharing.
Article 60 of the Family Code states that all the property that the spouses have managed to acquire in marriage is their common property. The second spouse will be considered the full owner even if they did not contribute to the General budget due to household management, child care, etc. The division of the property of former spouses is not possible only when it comes to individual things. The former spouse can also count on a share of the funds of the enterprise that the second spouse opened during the marriage.
In total, before contacting a lawyer or lawyer on the division of property, you should consider two points:
- Statute of limitations. Ukrainian legislation assumes that you can apply to the court for the division of property within 3 years after the official breakup of the relationship. Of course, it is still possible to resolve the dispute, but you should have good reasons for the absence of a corresponding claim for such a long period. It is important to understand that the division of property during marriage also takes place if the spouses live separately and are not considered a family in the literal sense of the word.
- It is not just a property that is shared. This point should be taken into account if one of the spouses has loans or mortgage agreements taken and signed in the interests of the family. At the same time, it does not matter whose signature is on the papers, the debts will also be shared.
Legal assistance on property division issues
Before a lawyer for the division of marital property begins to represent your interests in court, he must take into account all aspects of the case and provide you with a detailed consultation explaining the possible prospects for a court decision or their absence. A lawyer from the legal regulation side will assess the situation and find out what is subject to division, and what share in the common property you can expect.
Such advice on the division of property in a divorce will help you understand how to conduct this process with the maximum possible benefit. The consultation will only be the first stage in the struggle for your interests. After that, you can collect the necessary arguments in your favor, as well as contact a lawyer for help in drafting a claim and representing your interests in court, if such a need exists.
The cost of family lawyer services depends on various factors, including professionalism, the overall complexity of the case and the price of the claim. It includes:
- detailed consultation;
- payment for making a statement of claim;
- price for the protection of interests in court;
The lawyer can also charge an hourly fee for conducting the case. Moreover, you will also need to pay the court fee, which is 1% of the price of the claim (it cannot be less than 0.4 of the non-taxable minimum income of citizens).
Read more: http://zakon0.rada.gov.ua/laws/show/3674-17