Division of property in divorce.
Based on the experience of my many years of practice, I have come to the conclusion - disputes about the division of property belong to the category of the most complex civil cases. And there are several reasons for that:
- to the dispute itself on the division of property are added difficult interpersonal relations between the already former spouses: offenses, disappointments, accusations, unresolved disputes, etc.
- in the vast majority of cases, the spouses, living in marriage, do not think about a possible future divorce and, accordingly, do not prepare for it: do not collect checks and documents for purchased property, for the ongoing repair work in apartments and houses, for reconstruction and completion of houses and apartments, etc.
- Often the property purchased with joint funds of the spouses is bought in the name of relatives (parents, brothers, sisters, etc.) of one of the spouses, which in the future significantly complicates the procedure of proving the real, not fake, buyers of this property and the return of such property to the joint ownership of the spouses.
- In the course of pre-trial and court proceedings, one of the former spouses begins to influence the opposing party - be it psychological or even physical influence. The only purpose of such influence is an attempt to plunge the opponent into a semi-fainting state or a state of mental paralysis, which does not allow to make adequate and quick decisions to save the joint property from its illegal alienation or appropriation in favor of one of the former spouses.
- The use of children as a means of blackmail for voluntary renunciation of part or all of the joint property: an attempt to separate the children from one of the parents, an attempt to bribe or bribe the child with gifts and promises in order to influence the child's choice in deciding which parent he or she wants to live with in the future.
These are just the main points that illustrate the complexity of such cases.
The best recommendation for people who face such problems in divorce or property division is to seek the help of attorneys or lawyers (legal aid).
In my practice there were cases when one of the spouses, who experienced psychological and moral pressure from his in the very recent past - a favorite person, and now - an inveterate enemy, more in need of ordinary human communication and support than in legal assistance. It is a pity that I am not a psychologist by education.
And so, legal aid is highly recommended in such situations.
In addition, an important factor that makes very favorable help of lawyers or lawyers in divorce proceedings is the possibility of dividing the property with the benefit to themselves.
Many people think that all property that was acquired during the marriage, is joint property and is divided strictly equally. But in life, sometimes a pleasant opportunity: to take out of the list of property subject to division, some very valuable objects. And the chances of success in such a case increases, if you attract to the judicial process of a competent and experienced lawyer or lawyer.
In our practice there were precedents when it was possible to recognize the ownership of very valuable real estate objects and (or) land plots only for one of the spouses, thereby significantly reducing the share in the joint property of the other spouse.
I hope my arguments have been interesting and useful to you.
Finally, as a nice bonus, I would like to draw your attention to the fact that your expenses for the services of attorneys or lawyers during the court proceedings can be compensated from the losing party.