Judicial Division of Spousal Property
LLegal services (legal assistance) for representing interests in court in disputes on the division of property of spouses
The main legal acts regulating the procedure for the division of matrimonial property are the Family Code of the Russian Federation and the Civil Code of the Russian Federation.
As a general rule, the division of the common property of the spouses can be made both during the period of marriage and after its dissolution at the request of any of the spouses, as well as in the event that the creditor claims the division of the common property of the spouses in order to levy execution on the share of one of the spouses in the common property of the spouses .
Common property may be divided between the spouses by their agreement. In this regard, in addition to judicial representation, an important stage in the work of a lawyer is the effort to reach an agreement between the spouses, when possible.
The division of the property that is part of the common property of the spouses is carried out in equal shares. At the same time, the court has the right to deviate from the beginning of equality of the shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interest of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family. Also, if there is a marriage contract, the court makes a decision taking into account the provisions of such an agreement.
In this regard, disputes on the division of the common property of the spouses are subject to consideration using an individual approach with a detailed study of all the circumstances of a particular case.
Legal proceedings on the division of property of spouses
The justice of the peace considers, as a court of first instance, cases on the division of jointly acquired property between spouses at a claim value not exceeding fifty thousand roubles. Disputes about the division of property of spouses with the value of the claim exceeding fifty thousand rubles are considered by the district court.
It is also important to note that cases on the division of jointly acquired property between spouses can be referred to arbitration.
When considering a case, the court is obliged to directly study all the materials of the case, the arguments of the parties, send the necessary judicial requests, and, if necessary, hear testimonies. After performing all the actions necessary for the consideration of the case, the court makes a decision on the division of the jointly acquired property of the spouses.