now become quite common situation where the spouses after the divorce can not be peacefully divided property.According to statistics, the case related to this issue, take a leading position in civil proceedings.Let's see if you can do without the help of a lawyer, and how to write a statement of claim for division of property.
Rarely former spouses may independently agree on the division of property.As a rule, lengthy court proceedings afoot when everyone wants to get their benefits.Of course, it is better to ask for a lawyer to make the claim, especially when controversial issues.After all, it comes to property, often gained with great difficulty.Is it worth the risk and save on the services of a specialist?But if it is impossible to appeal to a lawyer, you can find a sample application on the Internet and arrange all their own.In any case, you should know the basic requirements to write the statement of claim on the division of marital property.This is what we discuss in this article.
What is the statute of limitations on the division of property?
should know that the statute of limitations on the issue of not more than three years.If after the divorce during this time spouses do not hurry to solve the problem, then the case will be closed forever.The statement of claim for division of property is usually served together with an application for divorce.This allows you to solve all misunderstandings, not returning to them for many years.But if for some reason the problem arose later, and the husband and wife were not able to peacefully negotiate any of them may, within three years, submit the document.At the same time claim on the division of marital property would be regarded as separate proceedings.
requirements for drawing up action
1. The application must indicate the type and price of the property.It should be remembered that in the proceedings will take into account the specific facts, the reasons for the disputed section of the property, the time of purchase, and so on.The statement should bring a list of all property acquired during the marriage, its value.
2. Describe the basis on which the complainant can claim a greater share.By law, all property acquired during the marriage is divided equally.But there are exceptions, when one of the parties may confer a greater share.These would become, for example, the presence of the child when the mother is able to get most of the property.The husband may also in some cases, qualify for a substantial share, if he proves that his contribution to the purchase of housing or a car was more significant.
3. The statement of claim for division of property is required to eliminate the things that can not be divided.These include items for personal use, including musical instruments, property, inherited inherited, items belonging to children and gifts.
In addition, it should be remembered that the statement of claim for division of property will be accepted for consideration only if they are accompanied by all the necessary proof of ownership will be paid state duties and complied with all the rules of making a claim.
