Distribution of property during divorce
Distribution of property is one of the main issues that come up after divorce. It is imperative to file a lawsuit regarding the division of property, the return of dowry and jewelry, the right to live at home, and other matters.
The division of property during a divorce, the recognition of the right to reside and the use of the apartment where the husband/wife lives, are some of the most pressing issues during the dissolution or after the dissolution of the marriage. The division of property is regulated by the Family Code and the Civil Code. Both codes emphasize that property acquired during the marriage is the joint property of the parties.
Divorce proceedings are permitted if there is a mutual agreement of the parties, that is in the absence of children under the age of 18 years in the relevant executive authorities, in other cases, it is permitted in the court of law. During or after the divorce, issues such as child support and child custody are discussed. In addition to these cases, the court considers the division of joint property of the parties involved in the dissolution of the marriage.
Division of property
The court takes into account certain provisions during the division of property. First, it is determined whether the property was registered in the state register, and when the parties acquired the property (before or during the marriage).
It is also important to note that in some cases, taking into account the interests of children, the property may be unequally divided between husband and wife. In this case, the shares are distributed unevenly, depending on who the children will live with.
Real Estate Division
Spouses may file a lawsuit regarding the division of real estate within 3 years after the divorce. In most cases, in court practice, more women sue for the division of property. In this case, if the property is acquired during a joint marriage, the court may provide the spouse with the right to live in the house or to sell the house and distribute the sale value between the parties. If the sale of the property is not possible, distribution is applied.
Jewelry distribution during divorce
Jewelry distribution during divorce is one of the most debated issues in the court of law.
Thus, according to Article 34 of the Family Code, property, with the exception of jewelry, bought during the marriage is a separate property of each spouse, even if bought with family funds (property of each spouse).
Dowry distribution during divorce
Dowry in a divorce includes any gifts or payments given before or during the marriage, is owned separately by each of the parties. More precisely, these things are not joint property. According to the Family Code, if one of the spouses agrees to dispose of the spouse's movable property, then it is assumed that he acts with the consent of the other.
The right to stay in the house after the divorce
The courts file numerous lawsuits regarding the right to reside in the house after a divorce. The property acquired by the spouses during the marriage is considered to be their common joint property. In addition, if a woman, after marriage, is registered in the house of her spouse or father-in-law/mother-in-law, she will be granted the right to live there. However, if the husband objects and the woman, in turn, does not want to live in the same house, she receives compensation.
A prenuptial agreement is an agreement signed between persons entering into marriage, establishing property rights and obligations of spouses during the period of marriage and (or) upon divorce. Thus, according to the Family Code, a prenuptial agreement may be concluded with respect to the existing and future property of the spouses. A marriage contract plays an important role in protecting the rights of couples during and after marriage and helps them solve the problems listed above.
Legal Services for the division of property
Based on these legal provisions, highly qualified lawyers of our company provide legal services in case of disputes regarding the division of property after a divorce, filing a lawsuit, representing interests in a court, as well as providing documents during a trial and other necessary actions after a divorce.