Almost every person faces the problem of divorce during their life. Divorce is not an emotionally simple procedure. As a rule, the already stressful situation associated with the collapse of family relationships is aggravated by new conflicts between spouses related to the filing of a divorce. Therefore, a divorce and property division lawyer will take care of the paperwork, repeated visits to the registry office or court, and negotiations with the spouse.
A divorce and property division lawyer is the main figure in the divorce process, capable of minimizing the emotional tension between its participants and delicately and professionally resolving the conflict that has arisen between former spouses. It is on his qualifications and professionalism, the ability to competently build a position on the case, that determines how painless and quick the divorce will be.
A divorce and property division lawyer will take care of all the hassles of the divorce process, from preparing the necessary documents to obtaining a divorce certificate.
Divorce in court without consent or at the mutual desire of the parties
Judicial divorce proceedings, with rare exceptions, always end in confirmation of the divorce. The difference between “without the consent of one of the parties” and “by mutual consent” with a positive decision lies only in the duration of the trial. In the case of “by mutual agreement of the parties,” the court decision is made at the first meeting; if there is no agreement of one of the parties, then several meetings will be required. When there is a question about the division of joint property or parents do not find agreement regarding the children, the legal process can last a very long time, sometimes more than one year. Finding an acceptable solution for both parties in the latter case is almost impossible without the help of an experienced divorce lawyer.
If there is mutual consent of the parties, the divorce is formalized with a document certified by a notary office on reaching agreement. It must be established during the trial during the hearing. When establishing the absence of an objection, it is strictly forbidden to set any conditions or reservations. In the presence of implicit or explicit disagreement, the judge has the right, without waiting for a petition, to provide a period for possible reconciliation of the spouses.
When registering consent for divorce, the respondent or respondent must carefully study all the details of the statement of claim, so that after it is completed, he or she does not lose the part of the property that is rightfully due to him. A reliable guarantee that the interests of the defendant will not be infringed should be the assistance of an experienced lawyer. St. Petersburg has no shortage of highly qualified specialists in this profile.
Division of real estate during divorce is simple
Division of real estate during divorce
WHAT TO DO IF THE MARRIAGE DIDN'T WORK, but the couple has managed to acquire property and there is no agreement on its further joint use? There is only one answer - to prepare for the division of jointly acquired real estate already when filing a divorce .
At first glance, the division of property should not be particularly difficult, because each spouse is entitled by law to 50% of the jointly acquired property, and you just need to draw up the relevant papers by mutual agreement in Rosreestr or in court. Is this true in practice? We’ll find out today...
How spouses hide property
THE MOST COMMON PROBLEM that Clients come to us with is a spouse’s concealment of their real income or property. As a rule, if hiding minor additional income is not a “deadly sin” in the eyes of the spouses, then when it comes to expensive real estate, the situation takes on a different turn!
One can come to terms with the fact that a wealthy spouse prefers not to talk about purchases during marriage according to the principle “Money loves silence,” if such real estate was purchased for investment purposes and the family lives on the interest from renting out such property, but suspects its existence.
Another thing is when the question arises about the division of joint property during a divorce. Here, such compromises related to the concealment of real estate by one of the spouses cannot exist, especially if there are minor children.
Where to look?
CLASSIC TECHNIQUES used by unscrupulous spouses is registering real estate in the name of third parties, for example, mother, father, brother or sister. Less often, property is registered in the name of friends and acquaintances. Such a scheme can mislead anyone, but not an experienced real estate division lawyer who knows that money does not just appear and disappear without a trace.
Establishing the history of the origin and flow of funds is not a problem today.
Before making a purchase, one of the spouses can “insure themselves” and enter into a loan agreement with a third party for an identical amount. Such a loan may be “feigned,” which means that in reality the lender will not transfer the money, and the real estate is purchased from income hidden by the spouse during the marriage. This is done in order to present half of the amount of the loan debt to the spouse during the divorce procedure and division of an apartment or other real estate.
It will be possible to prove the fact that the actions of a spouse are feigned or illegal At the same time, it is necessary to remember that the list of tricks we have given is not exhaustive, and there are other techniques that are worth talking about countering, but in a separate article.
Real estate that is not subject to division during divorce
AND HERE IS THE SECOND PROBLEM that awaits spouses during a divorce . Not every property can be divided and not every property can be recognized as jointly acquired. The reasons for this are the law or the cunning of one of the spouses. There are a lot of tricks to make property look like it is not subject to division. These include objects acquired during marriage, but:
1. Received free of charge. For example, donated by relatives, friends, charitable organizations directly to one of the spouses. We would include in this category real estate received due to the special status of one of the spouses, for example, provided under a military mortgage (read how to divide such real estate during a divorce in a separate article). Maternity capital will also complicate the process of divorce and division of joint property. By and large, they belong to the mother and children, and the father in a controversial situation cannot claim these funds.
2. Purchased with funds available to the spouse before marriage - savings or proceeds from the sale of valuables. It should be remembered that the burden of proving the fact of individual ownership of funds lies with their owner.
Judicial practice knows cases when a spouse, who has invested a large amount of his own cash in the purchase of a house or apartment, is not able to prove the time period of their accumulation. , the court will qualify the funds subject to a “50/50” division.
3) Received by inheritance. A separate category of real estate disputes with their own pitfalls. Yes, we can say that such property is not divided only under “ideal legal circumstances.” It should be remembered that inheritance is always expensive: you have to buy out shares, pay for the services of a notary and lawyers, etc.
Often these expenses are made from “family” money, and, if there is confirmation of the “jointness” of these funds, the second spouse may well “claim” his legal 50%. Therefore, all expenses for inheritance should be made from your own funds, so as not to lose inherited property during a divorce.
4) Bought before marriage. It’s trite, but many spouses consider their claims to this property justified, highly assess the chances of winning, and even file appropriate claims for the division of such real estate during a divorce. It is worth noting that imperfect Russian legislation leaves some kind of “loopholes” for unscrupulous citizens aimed at taking over someone else’s property. We have already said that such situations are possible, for example, when dividing property received by inheritance, a “premarital” mortgage acquired from funds accumulated before marriage or privatized housing.
5) Acquired outside of actual cohabitation. A very difficult case to prove for both the “attacker” and the “defender”. Without living together, it is naive to expect to win half of what a successful spouse will be careless to acquire during the “legal fact” of marriage.
It happens that citizens do not maintain a joint household for years without divorcing the marriage due to objective reasons or banal hostility. But the other spouse runs the risk of losing his rights and interests if evidence of separation is not presented in court. “By default” it will not be possible to win this dispute; you will have to give weighty arguments, such as the presence of a cohabitant, maintaining a separate household, the presence of other children and “relatives”.
OPTIONS FOR DIVISION OF REAL ESTATE DURING DIVORCE
I. AGREEMENT. We would call the simplest and “bloodless” case when the parties sign an agreement on the division of real estate . This can be done both during a divorce and after it, the main thing is the presence of mutual consent. Such an agreement can be drawn up in notarial or simple written form, after which the corresponding changes must be registered in the prescribed manner in Rosreestr. A notarized form will be required if you are not sure that the second spouse will not change his decision the next day.
II. MARRIAGE CONTRACT. Many couples, being married or just planning to get married, enter into a prenuptial agreement, which is designed to eliminate any omissions regarding the property acquired (jointly acquired) by the spouses.
III. COURT. In the absence of mutual consent or a marriage contract, the dispute over the division of real estate during a divorce will have to be resolved in court. Real estate disputes are resolved by courts of general jurisdiction - district or city, depending on the size of the locality in which the real estate is located.
Of course, options No. 1 and No. 2 - an agreement and a marriage contract - have an undeniable advantage over a trial, which will take a lot of time, effort and money to prove one’s case.
Deadlines for going to court
For real estate subject to division in a divorce , general statutes of limitations apply. A claim for division of real estate can be filed within three years.
Please keep in mind that not in all cases such periods should be counted from the moment the divorce is entered in the passport. For example, you can claim property that one of the spouses acquired during marriage and deliberately hid from the other half even after ten years, if the victim did not know and/or could not know about such a purchase. In this case, the deadlines begin to run from the moment the spouse becomes aware of the existence of such property and the violation of his rights and legitimate interests.
SECTION OF REAL ESTATE FOR MINORS
IT IS WORTH REMEMBERING that if there are minor children in the family, the division of jointly acquired property, including land plots, houses, summer cottages, other buildings, structures and other real estate will only be possible through the court.
The law establishes a special procedure for protecting the child, respecting his rights and interests, which parents often forget about during a divorce, being engaged in squabbles and dividing up what they acquired during marriage.
At the same time, it is clear from judicial practice that the presence of minors will not have a fundamental impact on the distributed shares, but in controversial situations, the advantage always falls on the side of the spouse with whom the children will remain to live.
HOW TO DIVIDE A MORTGAGE
EVERYONE KNOWS that during a divorce, not only real estate (property) can be divided, but also the joint debt obligations of the spouses, which include mortgages and loans. In theory, everything is simple: the property is divided separately, the amount of money that everyone will have to pay under the mortgage agreement is determined separately. But practice tells a different story and is complicated by the following factors:
- The property has encumbrances in the form of collateral (mortgage) to a credit institution.
- In relation to real estate, there is a ban on registration actions.
- Any actions with real estate must be authorized (agreed and approved) by the bank.
Transfer of debt and confrontation with a credit institution
One of the real options for solving the problem with mortgage real estate is to transfer the debt to one of the spouses. It turns out that someone must buy out a share in the right to purchase housing and compensate 50% of the jointly spent money to the second spouse.
It is clear that not everyone is able to undertake the obligation to give real money and remain in debt to the bank. And the bank itself is reluctant to enter into such transactions, because the guarantor under the agreement remains one person instead of two. From the point of view of legislation, the bank is right - after all, it is not interested in the relationship of borrowers as spouses, it is interested in the relationship of borrowers as owners and debtors under a mortgage agreement secured by real estate.
HOW TO DIVIDE A COMMON SHARE THAT DOES NOT ALLOW JOINT USE?
For example, a garage, parking space or storage room, owned by common shared ownership. Obviously, the former spouses will not be able to use such objects at the same time; the so-called “allocation of property in kind” is impossible. The division of rights to joint real estate during a divorce will not make sense if the property is valuable for renting out to third parties and income can be divided between the owners in proportion to the size of their shares.
The most optimal option in this dispute is the classic option - the repurchase of the share by one of the spouses or the sale of the shared object to third parties with the distribution of the received funds between the owners.
We will take on the solution to your problems:
We will protect you from communication with the “other half”, we will establish the presence of hidden property
and we will prevent attempts to seize your legal property by your ex-spouse.
As part of the agreement for legal support of the divorce process, the lawyers of our Legal Center will represent the interests of the Client in relations with the spouse, the Courts, Rosreestr and other government bodies through which the divorce and division of jointly acquired property is formalized.
Interaction is carried out on the basis of a notarized power of attorney, which practically eliminates unpleasant and painful communication between the Client and his spouse, saving time and money. In this format, personal presence will be required only when resolving the issue of the order of residence and communication with children in the trial; the lawyer will do the rest independently.
We will provide:
- Stamp in the passport “Marriage dissolved.”
- Rules for living and communicating with children.
- The right to half of the property acquired during marriage.
Examples from our judicial practice:
“Two vehicles are divided between the spouses and the procedure for paying off the loan debt is determined; The amount of payments made by the wife under the loan agreement after the divorce was recovered from the husband.”
“Division of jointly owned real estate - a house with buildings and vehicles (two cars); The appeal court upheld the decision of the Zamoskvoretsky District Court.”
Legal experience, gained through many years of specialization exclusively in real estate disputes, allows you to complete divorce proceedings and division of property as quickly, professionally and painlessly as possible.
The client receives the result of our work in the shortest possible time, thanks to the absence of time wasted on performing unnecessary work and eliminating shortcomings that often arise with the so-called. "multidisciplinary" law firms.
Cost of services for division of real estate during divorce:
| Service | price, rub. |
| Consultation | 1 000 |
| Preparation of a statement of claim | From 4 000 |
| Judicial division | From 30 000 |
Read more…
Important:
THE COST OF LEGAL SERVICES FOR SUPPORTING THE DIVORCE PROCESS directly depends on the complexity of the dispute that has arisen between the spouses (its “negligence”), the volume of real estate to be divided, the presence of minor children, a mortgage (loan) and a number of other significant circumstances.
The most frequently asked question: Why does the price of legal services always depend on the value of the property to be divided? Why do lawyers charge more money where there is expensive real estate?
We answer: The higher the price of the property, the more responsibility and obligations the lawyer assumes.
We are interested in a positive result for each Client, regardless of the size of the claim, therefore we offer, as one of the options for cooperation, an agreement on the terms of “Success Fee”. In this case, the lawyer receives remuneration only if the dispute is resolved in your favor.
Divorce proceedings without the presence of the divorcing parties
Each spouse has the right to independently decide whether to participate in the divorce process or not, and no one has the right to influence the decision. Since such a trial belongs to the category of civil cases, in contrast to criminal proceedings, the forced bringing of spouses is not provided for by law, that is, the trial can take place in absentia.
However, if the plaintiff or defendant does not want to leave the outcome of the process “to chance,” then a divorce lawyer can act on behalf of each of them. His responsibilities include drawing up a statement of claim and signing it, filing a claim in court, filing petitions with certain demands, filing an objection to the appointment of a conciliation period, etc. The nature and extent of the lawyer’s actions depend on the specifics of the case and the prevailing circumstances.
Cost of divorce lawyer services in Moscow for different categories of cases
Dissolution of a union in a Moscow court from 8,000 Receiving alimony in favor of young children from 7,000 Changing the amount of monthly alimony payments in a divorce case from 6,000 Divorce redistribution of property in Moscow from 20,000 Choosing a place of residence in Moscow for minors in a divorce case from 25 000 Establishing the order in which communication with young children will take place in Moscow from 20,000 Challenging the terms of a marriage contract in a divorce case from 4,000Ways to resolve issues of common children and jointly acquired property
As a rule, issues of division of common property and the future fate of children are resolved in parallel with the divorce process. One of the solutions is to conclude a peace agreement on these issues with the settlement of all mutual claims that have arisen. The existence of an agreement must be reported to the judge by presenting copies of the relevant consent documents.
If a peace agreement has not been reached, but the spouses are at the stage of resolving controversial issues, they can be removed from the agenda of issues considered at court hearings by providing the judge with wording of neutral content. If both parties provide such wording, then only issues directly related to the divorce will be considered in court. In the future, it is possible to conclude a peace agreement or file separate claims.
A situation may arise when controversial issues can only be resolved in one or in parallel trials. In this option, the divorce process becomes significantly more complicated, the case grows to several volumes, and various examinations are carried out. To avoid possible infringement of the rights of divorcing spouses, it is necessary to contact a divorce lawyer who will help formulate a competent legal position and collect the necessary legal and evidence base.
How can a divorce and property division lawyer help you?
Stage No. 1. The lawyer will conduct detailed legal consultation
During the consultation, you tell the divorce lawyer about your problem. A lawyer will assess the current situation, advise you in detail about possible ways to resolve it peacefully or judicially, and assess your chances of winning in court. An objective assessment of the situation, understanding your rights and responsibilities at the initial stage of the conflict will help you behave correctly from a legal point of view and avoid mistakes.
Stage No. 2. The lawyer will negotiate with the opposing party
If it is difficult for the spouses to independently agree on the dissolution of the marriage, the place of residence of the child and his maintenance, or the division of jointly acquired property, a divorce lawyer will take over the negotiations, argue your position on the case, and convince you of the advantages of resolving the conflict peacefully.
Stage No. 3. The lawyer will prepare documents
Our divorce lawyer will draw up an agreement on the division of property, payment of alimony, a prenuptial agreement and all the necessary documents that are required to successfully resolve your family problem.
Stage No. 4. The lawyer will protect interests in court
A divorce lawyer will draw up a statement of claim in court, determine a strategy for your defense, and collect all the necessary evidence and documents. He will take part in court hearings on the case and present convincing evidence of your position to the court.
Stage No. 5. A lawyer will completely solve the family problem
After the completion of the court case, the lawyer will receive the court decision and monitor its implementation.
A divorce and property division lawyer is a professional who can competently resolve any family conflict in your favor.
We offer you the following legal services:
“Divorce – quickly, without stress and without your participation for 15,000 rubles.”
“Collection of alimony - quickly, without stress and without your participation for 10,000 rubles”
“Divorce and collection of alimony - quickly, without stress and without your participation for 25,000 rubles”
To receive the service, fill out the form or call us.
GET FREE DIVORCE CONSULTATION.
GET FREE DIVORCE CONSULTATION.
In which court should the claim be filed?
According to the legal norms of the Russian Code of Civil Procedure, a claim to initiate divorce proceedings must be filed only at the place of actual residence of the other party. For example, if a wife lives and is registered in St. Petersburg, and her husband (plaintiff) lives in Moscow, he must file his claim at the wife’s place of registration.
There may be two exceptions to this legal rule. The first is when the spouses have a child under 18 years of age, and he is registered at the place of registration and actual residence of the plaintiff (it does not matter which spouse). He has the right to file a claim either in the court where the defendant lives or in the court at his own place of residence. In addition, if spouses have a residence permit in one locality, but in fact live in another, then a divorce can be obtained in a judicial institution at the place of their actual place of residence. A divorce lawyer can provide more detailed advice on this issue.
An exception is the situation when the child has the plaintiff’s registration and permanently lives with him (no matter which spouse), you can file a claim both in your own court and in the judicial institution at the defendant’s place of residence. Another exception is when divorcing spouses have a residence permit in one locality, but live in another, then, with the consent of both parties, they can go to court in the place where they actually live.
How can lawyers help?
The main goal of a divorce lawyer is to dissolve the union with minimal financial and emotional loss to the client. You can entrust the protection of your interests to the specialists of urist-24.com on the following issues and more:
- Assistance in collecting documents . Different types of divorce require different documentation. In some cases, a citizen has difficulty preparing it. For example, receiving a sentence if the husband is convicted.
- Conducting a divorce by consent of the spouses . Even with the consent of the parties, it is necessary to formalize the agreements reached in writing (notarial agreement on alimony, agreement on the division of property, on the place of residence of children, marriage contract).
- Conducting a divorce in the event of disputes between spouses . During the divorce process, conflicts arise on any issue. The parties cannot agree on the place of residence of the children, on the division of property, or on the payment of alimony.
- Resolving disputes related to divorce . Often during this period, the parties begin to resolve related issues, for example, a man may dispute paternity.
Representation in court. If you have a notarized power of attorney, a specialist can file a divorce without the personal presence of one of the parties.
Package of documents to be prepared
The documentation package includes:
- lawsuit demanding divorce;
- original marriage certificate;
- copies of birth certificate forms for each common child;
- documents certifying evidence provided at the trial;
- petitions and others.
The list and number of other documents depends on the characteristics of a particular case. For more information, please contact a divorce lawyer.
What reasons should I give?
If both parties agree to proceed with the divorce, there is no need to provide reasons. For the court, it will be enough to argue that the family does not actually exist and cannot be restored. If one of the spouses objects, then presenting the reasons for the divorce to the judge is mandatory. The plaintiff will need to provide compelling reasons why, in his opinion, family relationships do not exist and why he decided to initiate their termination at the legislative level. If the divorcing parties are living apart, it is necessary to indicate how long this has been going on.
If one of the spouses is found to have committed illegal actions against the other (insulting, assault, cruelty to family members), this will become a compelling argument for divorce. It is necessary to collect evidence of such actions (written witness statements, certificates of injuries from medical institutions, statements to law enforcement agencies) and present them during the trial for inclusion in the case. A qualified divorce lawyer can help you collect them and send them to court.
How to correctly declare a reconciliation that has taken place
The party to the divorce proceedings, acting as the defendant, has the right to petition the court for a delay necessary to consider the current situation and make a decision on reconciliation. Such a request is almost always resolved in a positive manner and the period provided by the court can range from 30 to 90 calendar days. In cases where the judge conducting the proceedings decides to grant a deferment on his own initiative, the duration of the deferment can be reduced only if both parties to the divorce proceedings simultaneously make such a request.
Despite the fact that a delay for the purpose of reconciliation increases the time for making a final decision to terminate the marital relationship, if a decision is made to divorce, it will be much more difficult to challenge it in a higher court.
Possible duration of divorce proceedings
As judicial practice shows, to make a court decision on the termination of a marital relationship, from two to four court sessions are necessary, that is, the total duration of the process will be from 10 to 15 weeks.
This is quite long and only a qualified lawyer in St. Petersburg who deals with divorce proceedings can influence the duration. If the duration of the trial is unreasonably long, this only indicates the lack of professionalism of the lawyer you contacted.
In judicial practice, there are also other reasons for increasing deadlines, for example, judicial errors. Such a court verdict must be appealed to a higher court or the judge himself will eliminate the violation, but this is only possible when it is technical.
You should absolutely not believe the advertisements of law firms that promise a full-fledged divorce within a minimum time. As a rule, this is done for profit and in 100% of cases it is pure deception. A professional lawyer always strictly follows the norms of the current Code of Civil Procedure of the Russian Federation and cannot promise unrealistically short terms for resolving the issue.
Does the plaintiff have the right to withdraw from the divorce case?
The spouse who initiated the divorce has the right to withdraw his decision only until the moment when the court decides to retire to make a decision on this case. The parties can also decide on reconciliation or enter into a peace agreement with the inclusion of conditions on the residence of children and the division of property.
In addition, parties to divorce proceedings need to be aware that if, after the end of the reconciliation period, they do not appear in court to continue proceedings, the case will be dismissed and the marriage will not be dissolved.
Related articles:
How to get a divorce if you have minor children Division of property between former spouses Division of property of spouses after divorce 2021 Division of property and debts of spouses during divorce Procedure for division of property of former spouses in 2021 Reconciliation of parties during divorce
In what cases will a divorce and property division lawyer help you?
- Divorce in the registry office without your presence
If your family has no common minor children, both spouses agree to a divorce, but you cannot or do not want to personally appear at the registry office to formalize it, then you can dissolve the marriage with the help of a divorce lawyer.
You can also instruct a divorce lawyer to dissolve your marriage through the registry office if your spouse was:
- declared missing by the court;
- declared incompetent by the court;
- convicted of committing a crime to imprisonment for a term of over three years.
At the same time, if you do not have court orders, then a divorce and property division lawyer can obtain the necessary court decisions to formalize the divorce.
- Divorce in court without your presence
Marriage is dissolved in court:
- if both spouses agree to divorce, but have common minor children;
- if one of the spouses avoids a divorce or does not agree to a divorce.
In this case, the divorce lawyer will collect all the necessary documents, prepare and submit documents to the court, take part in court hearings, and after considering the case, receive a court decision for presentation to the registry office.
- Divorce in court from a foreign citizen
If your spouse is a foreign citizen, then this is not an obstacle to divorce. A divorce lawyer will help you dissolve your marriage, both in Russia and abroad, based on your interests.
- Divorce in court if the spouse’s place of residence is unknown
If you do not know where your spouse is currently registered and living, a divorce lawyer will help you choose a court to file documents and file a divorce without unnecessary red tape.
- Divorce in court in the absence of Moscow registration
Regardless of your place of permanent residence, a divorce lawyer will help you dissolve your marriage in your place of actual residence.
- Complicated divorce with demands for alimony, if there is a dispute about children or with the division of property
A divorce lawyer is vital in complex divorces, when there is a dispute about children, or when dividing property. In this case, you cannot take risks and you have no room for error. In court, you need the help of a professional.
Family law is our specialty!
Zelenina Elena Vladimirovna
Founder and head of the legal consultancy "Yur-Expert", a practicing trial lawyer, an honorably retired judge, with more than 20 years of judicial experience. There are more than 1000 successfully completed cases in judicial practice. Specializes in family, housing and inheritance cases in the courts of the city of Moscow, the Moscow region and in the regions.
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