PROPERTY DIVISION

During divorce, one of the main problems of ex-spouses is the division of their property. In order to understand who and what is entitled by the law, it is necessary to take into account many aspects. Most states have an equity distribution system in which property acquired by spouses during marriage is jointly owned by both. The concept of justice, however, does not necessarily imply a division exactly in half, since in the presence of certain factors, the court can deviate from the principle of equality of shares and award additional material benefits to one of the spouses. The court bases its decision on taking into account all aspects of marriage – such as its duration, age and health of the spouses, their ability to financially support their future, responsibility to minor children, etc. The court will take these circumstances into account when deciding on the division of property in case of divorce.

The money and property of the spouses, depending on the state, are divided in two ways. In most states (called the equitable distribution state), only marital property is shared, not including gifts and inheritances.

In other states (community property state), everything that is available at the time of the divorce has to be divided.

Therefore, depending on the state or country of your residence, you should consult with a practicing lawyer in that state / country.

We are proud to inform our potential Clients that within our company, there are Lawyers who have the right to practice not only in one state, but have a lawyer’s license in some popular American states, in Russia, Ukraine and the former CIS countries.

OUR MAIN SERVICE, HAVING ITS SPECIFICITY, IS A SECTION OF BUSINESS, SHARES, BANK ACCOUNTS, ARTICLES, FOREIGN REAL ESTATE, CORPORATE RIGHTS AND INTELLECTUALITY RIGHTS OF ANYWHERE

Citizens have the right to divide property during marriage through the conclusion of a marriage contract, and upon divorce – through an agreement on the division of property or through a court, if it is not possible to reach a compromise at the pre-trial stage. Also, former spouses can begin the division of property after the actual dissolution of the marriage.

Upon divorce, not only rights are shared, but also obligations, in particular loans, if the party proves that these funds were taken for the needs of the family.

These and other features must be taken into account for a legally competent division of the joint property of the spouses.

OUR ASSISTANCE IN PROPERTY DIVISION CASES

• We will understand the details of the case on the division of property in case of divorce, assess the possible risks, provide clarifications on the case and draw up a statement of claim, objections to the claim or counterclaim (if you are a defendant);
• We will help to collect the necessary evidence, initiate an examination of the division of property in case of divorce, or conduct an assessment of the property;
• We will prepare and submit to the court documents of claim on the division of property in case of divorce, we will defend your interests in court;
• We will provide reasoned objections regarding the legal position and evidence of the other party;
• We will submit the petitions necessary to conduct a case on the division of property in case of divorce and to protect your interests (on the seizure of property, requesting evidence or conducting an expert examination, etc.);
• We will prepare a draft amicable agreement on the division of property in case of divorce or study the proposed options, as well as provide recommendations regarding their signing or not signing.