Official rating of law firms and lawyers by division of property

Prices for assistance in dividing property after divorce at the pre-trial stage

List of services within the framework of the division of property between spouses during divorce in legal organizations

• Offering advisory support in various formats, assessing the prospects and risks of dividing property during a divorce;
• Determination of ownership shares, total financial assets, business, and debt obligations;
• Assistance in resolving a conflict situation between spouses, representing interests during negotiations;
• Assistance in drawing up settlement agreements regarding property;
• Work within the framework of re-registration of objects;
• Actions in the presence of a marriage contract;
• Drawing up claim agreements to initiate legal proceedings;
• Drawing up an argument for the case, developing a line of judicial defense, collecting additional documentation and evidence, attracting witnesses;
• Representing the client’s interests in all courts, appealing court decisions in case of a negative outcome;
• Comprehensive protection of property that was purchased before marriage, purchased with premarital or inheritance money;
• Search for financial assets and objects that were hidden;
• Cancellation of registration records in the event that the objects were re-registered to third parties at the time of division of property during divorce;
• Support of enforcement proceedings, joint work with representatives of the FSSP service as part of the division of property during a divorce.

The importance of establishing the date of actual termination of family relationships

The marriage is considered terminated from the moment the court decision enters into legal force. On this date, a prepared spouse is able to withdraw part of the common property of the spouses from division.

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If you plan to divide property in the future, our lawyers strongly recommend that you pay attention to establishing the date of actual termination of the family relationship, which allows you to include deliberately hidden property in the division.

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The date of actual termination of family relations determined by the court has a prejudicial (mandatory) significance for other courts of the Russian Federation and cannot be re-established.

From practice: Establishing the date of actual termination of family relations, which helped the principal acquire $37,500

The client independently filed a claim for divorce and collection of child support.
The issue of division of property was not considered. At a paid consultation, lawyer Dmitry Vadimovich Korolev suggested that the defendant would be able to withdraw the spouses’ funds (400,000 rubles) from the division. An option was proposed on how to avoid this. As part of the consideration of the case in the magistrate's court district No. 313 of Reutov, Moscow region (judge Karaeva E.V., case No. 2-395/2017), judicial representative Korolev V.V. established the date of the actual termination of family relations, which made it possible to save not only 200,000 rubles, but also to find hidden accounts where currency in the amount of 75,000 US dollars was located.

Is division of property necessary after divorce?

There are many situations when, when purchasing property, it is registered in the name of one of the spouses, especially if it is not possible to implement joint registration. This leads to many difficulties arising during divorce:

• A citizen who legally owns property can quickly put it up for sale - in this case there will be no possibility of dividing anything. If a similar situation occurs, it is important to contact a legal company to challenge the sale or recover funds;
• Sometimes such objects are used to pay off the owner’s debts - in this case, the other party will have virtually no chance of getting anything legally;
• A citizen can rent out an object, as a result of which the other party will be deprived of the opportunity to receive income or their share;
• In some cases, the owner may also be harmed. For example, if initially there was no dispute regarding property, but subsequently the other party began to lay claim to it.

That is why it is advisable to divide property immediately after a divorce and determine the property rights of each citizen. This can be done pre-trial, that is, voluntary, or in court. This will allow you to avoid problems, as well as showdowns later, and will also help each person to remain on their own.

Real reviews of our lawyers for the division of marital property

Ilya B., Perovsky District Court of Moscow, case No. 02-5072/2019

My ex-wife filed a claim against me to recognize her ownership of a 1/2 share of the apartment and to recover money for two cars. On the Internet, based on positive reviews, I found a good judicial representative, Vadim Vladimirovich Korolev, who managed to remove an apartment and one car from division as part of the consideration of the dispute. For the second car, we managed to reduce the monetary compensation by 150,000 rubles.

Korolev V.V. is a very strong specialist in cases of division of property, everything that was said during the paid consultation was implemented live. If anyone has problems with the section, I recommend contacting only this representative.

Svetlana A., Moscow City Court, case No. 33-52838/2019

I would like to thank lawyer D.V. Korolev, who brilliantly coped with the task at the Moscow City Court regarding the division of a large amount of property (more than 20 objects). In his objection to the appeal, he used the laws and judicial practice of higher courts. All documents are completed before the deadline established by the contract. Arrives at trial early. He defended my interests in court professionally. As a result, he additionally recovered money in my favor for the due share in Polimex Stroy LLC in the amount of 660,000 rubles.

Yulia M., Chertanovsky District Court of Moscow, case No. 02-2017/2019

Won the court on the division of jointly acquired property of the spouses, collection of funds paid to pay off debt under loan agreements, collection of expenses for payment of living quarters, utilities, collection of alimony for child support thanks to the skillful actions of judicial representatives Koroleva V.V., Koroleva D. .IN. These specialists explained in advance the strategy for conducting an upcoming family dispute, what documents need to be collected before filing a lawsuit in court, and explained all the key points of the trial. Phone calls are always answered. I can say with confidence that these employees are competent defenders in the field of property division.

How property is divided during a divorce: the main methods

According to the civil legislative framework and certain regulations, items that were purchased in an official marriage using common finances are considered common or acquired jointly. This regulates that each person should be allocated his own share. Initially, the shares of the wife and husband are considered to be equal, but there are certain factors that can increase or, conversely, decrease a specific share when dividing property during a divorce. The participants come to such a decision jointly, or the court makes it when considering the arguments of each side.

There are two traditional methods of dividing property during a divorce: voluntary or judicial. In the first situation, a settlement agreement is concluded regarding things, which is subsequently confirmed by the court. Items:

• Go to specific individuals at the time of division of property during divorce;
• Subject to sale (funds are divided);
• One of the spouses compensates the share of the other;
• Usage rights are determined. For example, ex-spouses do not want to sell their dacha, and yet remain on good terms. They can agree to use it jointly, defining periods for each of the participants in the case.

If citizens cannot reach an agreement on their own, one of the participants violates the law in relation to the other, or the rights of minor children are violated, it is important to go to court. In this case, it is the judge who decides on the shares of each spouse, as well as their property rights.

It is important to know: when dividing property after a divorce and distributing shares, it is very important to remember the rights of minor children - they have the right to a share of their parents’ property. If their interests are not taken into account, there is a possibility of challenging the decision later.

There are also two modes for dividing marital property after divorce - legal and contractual. They will be discussed below in more detail.

Legal regime for the division of marital property as a result of divorce

The presented methodology is based on the fact that all things that were purchased during an official marriage are considered jointly acquired and are subject to division of property during a divorce. Accordingly, the powers of individuals will be equal. Article 36 of the Family Code of the Russian Federation provides information about the property that is untouchable, that is, it is not subject to distribution:

• Premarital property, as well as those things that were purchased during marriage, but with the personal premarital funds of an individual;
• Items that were received through gratuitous transactions. For example, the presented category includes inheritance, gifts;
• Individual household and household items - clothing, shoes, hygiene items, etc.

It is important to know: the proposed regime will be relevant if there was no preliminary marriage agreement. In this case, things are divided according to the contract. If the contract was concluded some time after the marriage, then the things that were acquired before its signing are distributed according to the legal procedure.

Contractual regime for division of property after divorce

This technique involves division in accordance with a previously concluded marriage agreement. The following information is traditionally signed in this document:

• What property will be divided;
• How exactly will the division of property take place after a divorce?
• How the shares will be determined, the conditions that may affect the change in shares (for example, if one of the drafters committed treason, he may not get anything).

As mentioned above, a marriage contract does not have to be drawn up and signed at the time of marriage registration or immediately after this event. This can be done at any time; it is important to carry out the procedure if large purchases are expected, in which the share of funds of one of the spouses will be greater than the other. If some items are not specified in the contract, they are distributed in accordance with the legal division of property at the time of divorce.

Required documents

The notary must ensure that the property to be divided actually belongs to the spouses and was acquired during marriage. Therefore, the husband and wife must provide the appropriate package of documents. The list of official papers is not fixed in the current legislation. The list of documents may vary depending on the type of property to be divided by the spouses at the notary. If it is necessary to differentiate the rights of a husband and wife to a real estate property, you will need:

• purchase and sale agreement, share participation agreement or other papers confirming the fact of purchase of an apartment or house;
• extract from Rosreestr;
• cadastral and technical passport.

The given list of documents is not exhaustive. The notary may request additional documentation from the spouses when dividing property, if it is necessary to clarify any data. When movable property is subject to division, the following papers may be required:

• contract of sale;
• checks and receipts;
• technical certificate.

Please note
Regardless of the type of property, the husband and wife must provide the notary with an identification document and a pre-filled agreement on the division of property. If spouses are afraid of making a mistake when preparing documents, you can contact a specialist at a notary’s office in advance and use the service of filling out the document.

How property is divided as a result of divorce: basic principles

There are several rules and principles that should be followed when presenting the procedure for dividing property during a divorce:

• Each spouse has the right to receive a share. If this cannot be done in kind, financial compensation is realized from one party to the other;
• If the property is registered in the name of one of the spouses, but it was purchased with common funds, it will still be divided according to the law;
• If the parties have reached a mutual agreement, they have the right to determine property rights as they see fit. For example, assets may remain with one citizen;
• Initially, the shares are recognized by the court as equal. The percentage can be changed depending on several factors. For example, one of the parties invested more money in the acquisition - this rule is relevant if personal money was used: inheritance, premarital assets. The second circumstance is that one of the parties invested funds subsequently, for example, carried out repairs;
• It is possible to appeal the division of property between spouses, however, this is quite difficult; exceptional circumstances must be present. For example, you will need to prove the parasitism of one of the spouses, an immoral lifestyle;
• At the time of making a decision, the judge can take into account the order in which things are used, as well as the needs of each citizen. For example, the husband uses a car for work, and the wife does not even have a driver's license. In this case, the court may decide to leave the car to him;
• Objects can be divided within the same legal proceedings, or within different ones. For example, real estate may be divided in one court, and business in another.

Property after divorce is divided based on these principles. Lawyers can build a defense strategy based on them, develop arguments and speak in court.

The procedure for dividing property after divorce in court proceedings

As mentioned above, according to domestic legislation, citizens:

• Agree peacefully on the division of property during a divorce;
• Solve the problem through the court;
• They leave everything as is.

Let's look at the judicial procedure in more detail: let's analyze the main points. Going to court is required if, for one reason or another, the parties do not reach an agreement. However, in some cases this is necessary if there is a direct violation of rights - for example, if one of the citizens avoids dialogue or deliberately hides objects. In some cases, the procedure for filing claims is relevant, which is regulated by the Civil Procedure Code of the Russian Federation. However, the procedural procedure for individuals is not mandatory, so you can immediately turn to the court for help.

When going to court, the spouses will be opposite parties - plaintiff and defendant. The main task of appointed proceedings is to establish the formal truth. This means that you will need to present significant evidence and objective arguments in the case. This is due to Article 12 of the Civil Procedure Code. Therefore, if you are faced with the problem of dividing property after a divorce, immediately seek help from a lawyer. An experienced specialist will not only competently present the requirements and arguments - he is familiar with the dynamics of court proceedings.

To initiate legal proceedings on the division of property between spouses after a divorce, it is necessary to draw up a statement of claim. It contains the following information:

• The name of the judicial authority to which the claim is filed. If the value of the claim is less than 50 thousand rubles, the statement of claim is submitted to a magistrate; if more, to a court of general jurisdiction, for example, to a district or regional court;
• Information about the plaintiff and defendant. Information about personal data, addresses, and contact information is provided. It is recommended to indicate your personal number and email;
• List of property that will be subject to division after divorce. Things are listed in a list;
• Information about the plaintiff's claims. Information about the expected shares is recorded. If a demand is made to deprive the defendant of property rights, it is necessary to describe the violations and counteractions;
• The price of the claim is indicated. It is necessary to carry out an assessment of the objects in advance. Based on the total cost of the claim, the amount of state duty is calculated;
• Information about the documentation that is submitted along with the statement of claim. Thus, any fact that is indicated in the claim will need to be supported by documentary evidence. That is, you will need to provide a copy of your passport, a copy of your marriage certificate, property certificates, checks, receipts, account statements, etc.

The final decision of the judge will directly depend on the correctness of the claim, as well as on the arguments in court. It is important to understand the fact that in court proceedings, parties often begin to exploit each other's weaknesses. That is why it is necessary to enlist the professional support of an experienced specialist. Give preference to human rights defenders from our rating - get professional help. You can order either a one-time service or a set of services to obtain an effective solution to the process of dividing property during a divorce.

State duty amount

Many citizens who decide to get a divorce want to know how much the division of property costs. In each specific case, the procedure costs differently. Depends on expert assessment and partition process.

Citizens also want to know how much the state duty for division of property costs in 2020.

This type of payment is calculated as follows:

• claim less than 20 thousand rubles – 4% of the claim, not less than 400 rubles;
• claim less than 20–100 thousand rubles – 800 rubles +3% of the claim;
• claim less than 100–200 thousand rubles – 3200 rubles + 2% of the claim;
• claim less than 200 –1000 thousand rubles – 5200 rubles +1% of the claim;
• over the presented amount – 13200+0.5% of the claim.

That is, the minimum amount will be 400 rubles, the maximum 60 thousand rubles.

Read how a prenuptial agreement differs from an agreement on the division of property. How to apply to the court for division of property? The procedure is here.

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