Application form for division of property. Statement of claim for division of property after divorce

02.01.2019

You can divide jointly acquired property between spouses voluntarily or through the court by presenting statement of claim on the division of joint property of spouses.

The division of property of spouses is a complex procedure in terms of psychology, however, in itself, drawing up a statement of claim for the division of property is not particularly difficult; the main thing is to determine the composition of the joint property and submit claims to the court in a timely manner.

7 steps when drawing up an application for division of property

  1. Understand the procedure and methods of dividing property
  2. Determine the composition of the property to be divided and its value
  3. Try to conclude
  4. Determine the court to which the claim for division of marital property will be filed
  5. Calculate and pay the state duty
  6. Download a free sample application for division of property from the website
  7. Draw up and submit a statement of claim to the court

How to draw up a statement of claim for the division of joint property of spouses

Before drawing up a statement of claim for the division of joint property of the spouses, determine its composition, cost and division procedure. Property includes things acquired by spouses during marriage. What was bought before marriage or received as a gift or inherited by one of the spouses cannot be divided.

As a rule, all property is divided equally, even though one of the spouses did not work or had a low income. An exception to this rule are cases when one of the spouses did not receive income for unjustified reasons or spent joint property contrary to the interests of the family (lost, drank). Please note that the court is reluctant to deviate from equality of shares, so this point should be described in great detail in the statement of claim and prepare convincing evidence.

After determining the composition of the property to be divided, determine its value. The cost is determined today, taking into account wear and tear and condition of the property at market prices. The price of the property is determined by the plaintiff himself; here it should be borne in mind that overestimating the cost will lead to overpayment of the state duty, and underestimating it will lead to an unequal division, possibly not in your favor. You can contact an expert, but this is an extra expense. The easiest way is to use free classifieds sites. Find similar things, determine the average cost and take it as a basis - this is exactly what expert appraisers do.

Next, determine what of the property will remain with you and what will go to your spouse. Make the division so that the shares are approximately equal in cost, in which case you can pay the difference. Please note that when dividing, the court takes into account the position of the wife and husband, and if a dispute arises about what is transferred to whom, it will take into account which of the spouses initiated the purchase of this item, who used it more, provided care and incurred expenses. For example, it is practically useless to apply for the transfer of a car without having a driver’s license.

If an apartment or house, which is the only place of residence, is divided, shares in ownership are most often determined. Actual partition and eviction are very rare.

Filing an application for division of property to court

You can file a claim for division of joint property of spouses at any time. This can be done during marriage, during divorce. after divorce. You can divide all your property, right down to the “forks and spoons,” or you can divide only one thing. You can divide things one by one by filing claims for each item of property.

An important point in the statement of claim for division of property is the indication of the date of actual termination of the marital relationship. On this day, you could separate, completely quarrel, or commit other actions that clearly indicate that after this the family relationship was terminated. From this date, all property acquired by the spouses can be recognized as personal value; from this date, the statute of limitations can be considered.

It should be borne in mind that the period for division of property is limited to 3 years, but they are counted from the day when the second spouse learned of the violation of his rights. For example, after a divorce, spouses had a dacha left for joint use; each of them freely came there and used it without any restrictions. 5 years after the divorce, the wife, in whose name the dacha is registered, decides to sell it, in this case, for the husband, the period for filing a claim in court for the division of property begins to count from the moment he learned about the possibility of sale. Another example, the couple separated after a divorce, the husband took the car purchased in his name and used it alone. In this case, the statute of limitations is counted from the moment the spouses separated.

After the statement of claim for the division of joint property of the spouses is drawn up, it is submitted to the court. In this case, the value of the property to be divided is taken into account. If the value of the property is up to 50,000 rubles, the claim is filed with a magistrate; if the value of the property to be divided is over 50,000 rubles, the civil case will be under the jurisdiction of the district (city) court. The cost of the claim is determined by the value of the property.

The statement of claim for the division of jointly acquired property is filed at the place of residence of the defendant; if real estate is divided (apartment, house, dacha, land plot, etc.), then the claim is brought at the location of this property. If the division of both movable and immovable property is declared, exclusive jurisdiction still applies - at the location of the property ().

Be prepared to present property documents to the court. Such documents will definitely be required for real estate and cars.

Acceptance and consideration of an application for division of property by the court

After filing an application for division of property, the court decides on its acceptance within 5 days. If you find any deficiencies in your claim, please note:

After accepting the application, the court notifies the plaintiff and defendant about the time and place of preparation for the case, and if the case is very simple, then about the court hearing.

During the preparation, the court will ask the defendant to present his version of the division, judgments regarding the value of the property and invite the parties to agree peacefully.

If the defendant disagrees with the value of the joint property determined by the plaintiff, the court will try to bring the parties to an agreement; if this is not reached, a forensic examination will be ordered. In this case, the payment for the examination is borne by the defendant.

Based on the results of the consideration of the case, the court makes a decision, which can be appealed within 1 month, after which it will enter into legal force and be enforced.

Sample statement of claim for division of joint property of spouses

IN ___________________________
(name of court)
Plaintiff: _______________________
(full name, address)
Respondent: ____________________
(full name, address)
: ____________________
(full amount from claims)

Statement of claim for division of jointly acquired property of spouses

A marriage was registered between me and the defendant _________ (full name of the defendant) “___”_________ ____.

“___”_________ ____ our marriage was dissolved on the basis of _________ (indicate how the marriage was dissolved, by the decision of a magistrate or through the registry office).

We had not previously divided the jointly acquired property before the divorce. Meanwhile, we cannot voluntarily divide the property acquired jointly during marriage, an agreement on the division of property has not been concluded, and a marriage contract has not been concluded.

During the marriage, we jointly acquired the following property: _________ (give a list of property; indicate the dates of acquisition of the disputed property; types of transactions under which the property came into joint ownership; the value of the property subject to division; indicate which of the parties the disputed property was registered in the name of), for a total amount of _______ rub.

In accordance with Article 39 of the Family Code of the Russian Federation, when dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

I believe that the following property is subject to transfer into my ownership: _________ (give a list of property to be transferred into the ownership of the plaintiff) in the amount of _______ rubles, since _________ (indicate the reasons why the listed property is subject to transfer to the ownership of the plaintiff, why it contains more needs or is interested in using this property).

The following property is subject to transfer to the ownership of the defendant: _________ (give a list of property to be transferred to the ownership of the defendant) in the amount of _______ rubles, since _________ (indicate the reasons why the listed property is to be transferred to the ownership of the defendant, why he needs it more or is interested in it) in the use of this property).

According to Article 38 of the Family Code of the Russian Federation, the division of property between spouses is carried out during marriage and after divorce. Any spouse can make such a claim. When dividing property, the court determines what property is to be transferred to the spouses. If one spouse is given property that is worth more than their share, the other spouse may be awarded compensation.

Since the value of the property to be transferred to the plaintiff is greater (less) than the value of the property to be transferred to the defendant, on the other hand, compensation for the excess value of the share in the amount of _______ rubles is subject to recovery. based on the following calculation _________ (give calculation of compensation).

Based on the above, guided by the articles of the Civil Procedure Code of the Russian Federation,

  1. Recognize the shares in the jointly acquired property of the spouses _________ (full name of the plaintiff) and _________ (full name of the defendant) as equal.
  2. Divide the property that is common joint property: by allocating _________ (full name of the plaintiff) _________ (give a list of property to be transferred to the plaintiff, its value) for a total amount of _______ rubles; highlighting _________ (full name of the defendant) _________ (give a list of property to be transferred to the defendant, its value) for a total amount of _______ rubles.
  3. To recover from _________ (full name of the defendant) in favor of _________ (full name of the plaintiff) monetary compensation in excess of the cost of the share in the amount of _______ rubles.

List of documents attached to the application (copies according to the number of persons participating in the case):

  1. Copy of the statement of claim
  2. Document confirming payment of state duty
  3. A copy of the marriage certificate
  4. Copy of divorce certificate
  5. Documents confirming ownership of the property subject to division (purchase and sale agreements, cash and sales receipts, etc.).

Date of application “___”_________ ____ Signature of the plaintiff _______

Download a sample application:

Statement of claim for division of property in a civil marriage between cohabitants

If the marriage is not officially registered, the man and woman are not officially considered spouses. Such relationships do not in themselves create any rights and obligations. The state does not recognize such relationships as marriage, no matter how many years they have lived together and whether they have children together. In legal language, such relationships are called cohabitation. Sometimes, in everyday life, such relationships are called civil marriage.

The problem with such relationships is that at first you don’t want to go to the registry office, register the relationship, and then, when a man and a woman fully consider themselves one family and treat each other as husband and wife, it is difficult for them to understand why they cannot divide property , receive an inheritance or claim housing rights.

In terms of division of property, the main difference is that, according to Article 3334 of the Family Code of the Russian Federation, the legal regime for the property of spouses is joint property. All property that is acquired by either spouse during marriage immediately acquires the status of joint property. The regime of joint ownership of all property is implied, and the opposite must be proven in court. Cohabitants do not have a regime of common ownership of the acquired property; they must prove in court that the property was acquired as shared ownership.

It is very difficult to prove the regime of common property in claims for division of property of cohabitants. We need written contracts and agreements between cohabitants stating that the disputed property was acquired as common property. you need to prove who contributed the money and in what parts. Usually people do not think about such questions and acquire property seemingly together, without determining who contributed how much.

When drawing up a statement of claim for the division of property in a civil marriage, describe what property you consider to be common property, how this property arose, from whose funds it was paid, who used it and considered it their property.

Claims for the division of property in a civil marriage should be formulated through a requirement for recognition of the right of shared ownership and division, allocation of a share, and payment of compensation. In this case, do not refer to Family code RF, it is not applicable to such relations. Chapter 16 of the Civil Code of the Russian Federation applies.

Questions about drawing up an application for division of property

She filed a lawsuit for division of property. We bought a car while married. During the process, the court, at my request, seized the car, since my husband put everything up for sale. But my ex-husband managed to sell one car based on information from the regional traffic police (without my consent, and accordingly, she also did not receive 50% of the money from the sale). Is it possible to invalidate a completed transaction?

You can try to invalidate the transaction, but to do this you need to file a new claim against your ex-husband and the buyer of the car. This is not always the case effective way resolving the issue, since the buyer may be recognized as a bona fide purchaser, may damage the car in an accident, sell it to others or hide it.
In such cases, it is more effective to change the claim to recover monetary compensation for the sold car from the ex-husband. To do this, you will need to take a certificate from an appraiser about the average market value of a similar car and declare compensation for 1/2 of the amount indicated in the certificate.

This possibility of resolving this issue is discussed in the clarification of the Supreme Court of the Russian Federation: “Taking into account that in accordance with paragraph 1 of Article 34 of the RF IC, the possession, use and disposal of the common property of spouses must be carried out by their mutual consent, in the case when, when considering a claim for division of the joint property of the spouses, it is established that one of them alienated the common property or spent it at his own discretion against the will of the other spouse and not in the interests of the family, or hid the property, then during the division this property or its value is taken into account" (Resolution of the Plenum of the Supreme Court Russian Federation No. 15 of November 5, 1998).

The apartment was received by the husband from the company, in 2004 the apartment was privatized for him and 2 children in equal shares. Can I claim a share in this apartment after a divorce?

If during privatization you had the right to use the apartment and agreed to privatization without your participation, then you have an indefinite right to use this apartment. You cannot share an apartment during a divorce because you are not the owner. the property was received by the husband in a gratuitous transaction.

Can I file a claim for division of property (an apartment purchased during marriage) if the divorce took place in 2007? An ex-husband and two adult children live in the apartment. I remain registered in the apartment to this day. As I heard, the division of property can be carried out at any time after the divorce. But there is a statute of limitations of three years from the date of discovery of a violation of my rights. What does it mean? Previously, I did not have a need to divide property, but now I have. From what date will the statute of limitations be calculated?

The statute of limitations for dividing marital property begins to run from the moment the rights are violated. If you have still freely used the apartment and there have been no obstacles from your ex-husband, then the statute of limitations will not be applied by the court.

During the marriage, a one-room apartment was purchased, but it was bought by the spouse with money from the sale of a two-room apartment, purchased before our marriage. Do I have the right to divide this property as joint property?

If money was not invested in the apartment after marriage, which significantly increased its value, then you will not be able to claim it. On the other hand, your husband must prove that he purchased the apartment with his own money, if he does not prove it, then the apartment will be divided, you can try.

A car was purchased during marriage. My husband transferred the car to his father without my knowledge. I found out about this a year after the divorce. Can I get half of the car price now?

Yes, you have that right. It is necessary to evaluate the market value of the car today and file a claim with the court.

Is it possible to divide property ( washing machine, refrigerator, etc. household appliances), if there are no receipts and no documents at all. The husband has everything; he doesn’t give away anything at all that he bought during marriage. And another question is whether it is possible to divide the debt on a loan that was issued to me, but in marriage, by mutual consent. Ex-husband refuses to help pay it, the husband initiated the divorce.

Indicate in the statement of claim all property subject to division. Write that all the property remains with the husband, ask the court to request documents from the defendant. If he denies the existence of property, invite witnesses. You can take photographs of things and submit photographs to the court. If the defendant objects on the basis of cost, file a motion for forensic evidence.
Loan obligations can be divided only with the consent of the bank. If the bank does not give such consent, then you can collect 1/2 of the debt from the defendant after paying the appropriate amounts.

96 comments to “ Statement of claim for division of joint property of spouses


Perhaps the most troublesome stage of divorce is the division of all jointly acquired property. If we are talking about movable property such as furniture and household appliances, the issue is resolved relatively simply, but if you have to divide real estate, for example, an apartment in which a husband and wife live, the issue becomes more complicated. A lot also depends on whether the spouses are ready to seek a compromise or go into confrontation.

Extrajudicial division of the apartment

The best way to divide an apartment is to make marriage contract even before marriage or already during marriage. The bride and groom or husband and wife can stipulate in advance and describe in the marriage contract all the conditions for the ownership, disposal and use of common property, including an apartment, as well as the procedure for dividing the apartment in the event of a divorce. If the marriage contract is signed by the parties and notarized, it will be almost impossible to challenge it. True, the parties can make necessary changes to the agreement at any time.

If the spouses did not take care of concluding a prenuptial agreement in a timely manner, and divorce is already on the horizon, there is another legal way to resolve property disputes on their own, without court. This method is drawing up a written agreement on the division of joint property. This document must also be notarized, otherwise it will not have legal force. However, the main condition is voluntariness and reaching a compromise between spouses. The law gives spouses the right to divide their property at their own discretion, for example, equally, according to the requirements of the law, or not equally - for example, one of the spouses can refuse everything or agree to a small share (in favor of the other).

The presence of a marriage contract or an agreement on the division of joint property - if the document contains the procedure for dividing the apartment and other property of the husband and wife - eliminates the need for a married couple to go to court.

How can an apartment be divided in court?

If voluntary division of the apartment and other joint property is impossible, the husband and wife will have to file a lawsuit. In this case, one cannot rely on anything other than partition according to the provisions of law. In most cases, these are equal shares of the apartment.

However, in some exceptional cases, the court deviates from the principle of equal shares and makes a decision according to which the share of one spouse will be greater (for example, if minor children remain living with him after a divorce), another - less (for example, if for unjustified reasons he did not take part in providing for the family).

According to the court decision, the apartment may be...

  • transferred into the ownership of one of the spouses, in return the second spouse receives monetary compensation equal to half the cost;
  • sold, and the proceeds are divided equally between the spouses;
  • divided between spouses in kind (by redevelopment).

Much more often, the court makes a decision one of the first two options. Division of an apartment in kind is practiced extremely rarely, since Article 133 of the Civil Code of the Russian Federation recognizes an apartment as an indivisible property object. Contrary to popular belief, it is impossible to turn an ordinary apartment into a communal one. Even if rooms are distributed between spouses, if the procedure for using common premises is determined, it is impossible to re-register shares of the apartment to different owners. Partitioning an apartment in kind is possible only in those rare cases when it is possible to make different entrances, isolate rooms, and equip kitchens and bathrooms.

Statement of claim for division of an apartment

Demands for the division of an apartment and other joint property may be filed by spouses as part of a claim for divorce. However, experienced lawyers advise filing separate claims, especially if the spouses are interested in a speedy divorce - after all, the division procedure can take much longer than the divorce. You can share an apartment not only at the same time as the divorce, but also before or after the divorce.

How to draw up a claim correctly? The document must contain all the mandatory points provided for by civil procedure legislation, and documents must be attached to it that confirm the circumstances set forth in the claim.

The claim consists of the following parts:

  1. Court details (name, address);
  2. Details of the plaintiff and defendant (full name, passport details, address, telephone);
  3. Cost of claim;
  4. Descriptive part of the claim:
  • data on registration and divorce, on the birth of children;
  • information about jointly acquired property that is subject to division;
  • data on pre-trial settlement of a property dispute;
  • reference to the legislative acts in accordance with which the claim is filed and claims are made;
  1. Claims (how, in what order should the apartment and other jointly acquired property be divided);
  2. List of applications;
  3. Date of filing the claim;
  4. Plaintiff's signature.

A package of documentation is attached to the statement of claim:

  • Copies of the statement of claim and documents - according to the number of parties to the lawsuit;
  • Copies of passports of the plaintiff and defendant;
  • A copy of the certificate of marriage/divorce, birth of children;
  • Title document for the apartment (sale and purchase agreement, deed of gift, certificate of inheritance, extract from the Unified State Register of Real Estate);
  • Technical documentation for the apartment;
  • Appraisal documentation for the apartment;
  • Certificate of ownership of real estate (extract from the state register);
  • Receipt for payment of state duty.

A statement of claim for division of an apartment is filed with the district or city court at the place of residence of the defendant or at the location of the property.

Sample statement of claim for division of an apartment

in order to draw up your own claim based on it.


In the article we mentioned the division of property after divorce. In particular, that not any property acquired by a husband and wife during married life, subject to division. Personal property remains in personal ownership, while common property is subject to division on contractual or legal terms.

In this article we will not discuss how a husband and wife can agree and voluntarily divide property. We will look at the division of marital property from the point of view of the law.

The first stage of the legal procedure is filing a claim for the division of joint property in court. This article is devoted to the issues of correct filing of a claim, filing deadline, jurisdiction, procedure for considering a claim in court and execution of a court decision on a claim.

When can property be divided? Statute of limitations

Some spouses get divorced, but are in no hurry to divide apartments, dachas, cars and furniture sets. Or they just can’t agree on who gets what. Or they still hope for the restoration of the family. Or they are trying to avoid bureaucratic delays. Everyone has their own reasons.

According to Art. 38 of the RF IC, a claim can be filed...

  1. during marriage;
  2. during divorce proceedings;
  3. after divorce.

However, the law establishes a certain time frame for the property division procedure.

This the period is 3 years. However, the countdown begins not from the date of divorce(the date of registration of the divorce in the civil registration book at the registry office), as is commonly believed. And from the date when one of the spouses learned about the right (or violation of the right) to a share in the joint marital property.

After the expiration of the 3-year limitation period, division of property through the court will be impossible.

How to correctly draw up a statement of claim to the court for the division of property

The preparation of a statement of claim must be taken seriously. The law places strict requirements on the form and content of this document. If errors are made when drawing up the statement of claim, the court will return the claim to correct them.

To avoid mistakes, file your claim in accordance with the recommendations below.

The first part of the claim, the so-called “heading”, must contain the following information:

  • The name of the court in which the claim is filed;
  • Details of the plaintiff and defendant (full name, actual residence and registration address, telephone);
  • Cost of claim;

After this, the following circumstances are reported:

  • Date and place of marriage (or dissolution);
  • If children were born in the marriage, you must indicate their full name, date of birth, place of residence;
  • Listing of property acquired during marriage. Full description property: name, address, size or area, registration number, document confirming ownership, date of acquisition, cost, other information. You can list not only real estate and valuable property, but also other property (electronics, household appliances, furniture, household items) - everything that is the subject of a dispute between spouses.

After this, a request is made to the court to carry out the division of joint property. Give reasons for your claims (for example, leave a city apartment to the spouse with whom the children will live, leave the car to the second spouse).

The statement of claim ends with the signature of the plaintiff. The date of submission is indicated.

Sample statement of claim for division of jointly acquired property of spouses 2019


Documents attached to the statement of claim

The following documents must be attached to the statement of claim:

  • A copy of the statement of claim for the plaintiff;
  • Receipt for payment of state duty;
  • Certificates of marriage, divorce, birth of children;
  • Documents confirming ownership of property acquired during marriage (agreements, certificates, receipts, checks, bank statements);
  • Documents confirming the value of the property.

State duty

To file a claim for division of marital property, you must pay a state fee. The amount of the state duty is calculated according to a special formula and depends on the value of the claim.

The value of the claim is the total value of the marital property listed in the claim and subject to division. If you doubt the correctness of the assessment, contact the services of a specialist appraiser - he will draw up a document indicating the condition and value of the property.

For property claims, the Tax Code (in accordance with Part 1 of Clause 1 of Article 333.19 of the Tax Code of the Russian Federation) establishes the following amount of state duty:

  • The cost of a claim up to 20 thousand rubles is 4%, but not less than 400 rubles;
  • The price of the claim is 20-100 thousand rubles - 800 rubles and 3% of the amount exceeding 20 thousand rubles;
  • The cost of the claim is 100-200 thousand rubles - 3.2 thousand rubles and 2% of the amount exceeding 100 thousand rubles;
  • The price of the claim is 200 thousand - 1 million rubles - 5.2 thousand rubles and 1% of the amount exceeding 200 thousand rubles;
  • The price of a claim over 1 million rubles is 13.2 thousand rubles and 0.5% of the amount exceeding 1 million rubles, but not more than 60 thousand rubles.

Without a receipt for payment of the state fee, the court office will not accept the claim for consideration.

Where to file a claim? Jurisdiction of cases on division of property of spouses

Jurisdiction of a property division case depends on the amount of the claim:

  • Claims are filed in the magistrate's court for the division of property, the value of which does not exceed 50 thousand rubles;
  • Claims for division of property worth more than 50 thousand rubles are filed in a district or city court.

By general rule the statement of claim is filed with the court at the defendant’s place of residence. But if the plaintiff lives with minor children, he can file a claim at his place of residence. If the subject of the division is real estate or other valuable property, the claim is filed at its location.

In cases of division of property is 3 years. The procedure for judicial proceedings on the division of joint property is general. When filing a statement of claim, the plaintiff must provide the court with proof, confirming his claims, property valuation and other circumstances that may affect the outcome of the trial.

Limitation period for division of property

A citizen has the right to go to court with demands , relating to the protection of his interests, not at any time, but only during a strictly defined limitation period. A statement of claim for division of property can be submitted by a citizen at different periods of time:

Violation of rights in relation to the joint property of a spouse can occur at any time (after divorce, maintaining a joint household, etc.) as a consequence:

  • sale of property by one of the spouses;
  • depriving a spouse of access to property;
  • non-use of property by the spouse, failure to fulfill the obligation to maintain property;
  • obstructing the use, possession, or disposal of property by other means.

Statement of claim for division of property

A citizen cannot file a claim without paying state fee. Its size is adjustable. 1 clause 1 art. 333.19 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation) and is calculated from the price of the claim.

The fact that the other spouse received consumer loans during the marriage does not entail the occurrence of debt obligations under loan agreements in the absence of evidence of the use of the received loan in the interests of the family, or the fact that the defendant undertook to answer for the loan agreements, was notified about them and gave consent to their conclusion (Appeal ruling of the Stavropol Regional Court dated June 30, 2015 in case No. 33-4554/15).

If the plaintiff does not participate in the repayment of the mortgage loan, then this is not an unconditional basis for derogating from the beginning of the equality of the spouses’ shares in their common property.

The court, when dividing common property, recovered from the defendant in favor of the plaintiff monetary compensation. The defendant's statement about the acquisition of property on his personal funds and at the expense of funds received as a loan and gift, were not confirmed at the court hearing, since gift agreements Money and the defendant did not provide evidence of the investment of funds received as a gift into specific property (Appeal ruling of the Moscow City Court dated June 2, 2015 in case No. 33-18809/15).

Questions from our readers and answers from a consultant

My husband and I have been divorced for 5 years, until now I lived in an apartment that was purchased during our marriage. My husband left it to us and our daughter, although the ownership is registered in his name. A week ago we received a call from a real estate agency and said that the apartment was for sale. They wondered what condition she was in. I'm afraid of being homeless, what should I do?

Due to the fact that your apartment was purchased during marriage, it is joint property. In such a situation, you need to first talk to ex-husband and try to divide the apartment based on an agreement or negotiate with him about compensation for it. If your spouse disagrees, you will have to evaluate the apartment in order to pay the state fee and file a claim in court to divide the apartment.

I am divorcing my wife and am going to divide my property. What documents would he recommend to collect to prove that it was mainly me who acquired the property? The wife was sitting at home with a young child.

The legislator assumes equality of shares when dividing joint property of spouses. At the same time, the spouse who did not study labor activity, but instead ran a household, raised children, and has equal rights with the other spouse. For this reason, the court will most likely order an equal division of your property, unless it was received by you as a gift, by inheritance, acquired with personal funds that belonged to you before marriage, or you have made significant improvements to the property during the marriage. account of own (personal) funds.



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