Today, it is quite common whenspouses after a divorce can not peacefully share property. According to statistics, cases related to this issue occupy a leading position 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 about the division of property.
Rarely ex spouses can ownagree on the division of property. As a rule, long trials are initiated when everyone wants to get his own profit. Of course, it is better to ask a lawyer to file this lawsuit, especially in the presence of controversial issues. After all, the matter concerns the property accumulated often with great difficulty. Is it worth the risk, 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 arrange everything yourself. In any case, you should know the basic requirements to write a statement of claim about 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?
Следует знать, что срок давности по данному subject is not more than three years. If after the divorce during this time the spouses did not hurry to solve the problem, then the case will be closed forever. The statement of claim 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 file this document within three years. In this case, the claim on the division of property of the spouses will be considered as a separate proceeding.
Claim requirements
one.The statement must indicate the type and price of the property. It should be remembered that when considering the case will be taken into account the specific facts, the grounds for the division of the disputed property, the time of acquisition and so on. The statement should include the entire list of property acquired during the marriage, its value.
2Describe 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 a large share can be awarded to one of the parties. Such grounds 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, qualify for a significant share if he proves that his contribution to the purchase of a home or car was more substantial.
3The statement of claim for the division of property is obliged to exclude things that cannot be divided. These include: personal items, including musical instruments, inherited property, children's belongings, and gifts.
In addition, it should be remembered that the claiman application for the division of property will be accepted for consideration only if all the necessary proof of ownership will be attached, the state fee will be paid and all rules for drafting the claim will be complied with.
