Divorce is a challenging stage in the life of any family, and one of the most critical aspects of this process is the division of marital property. In many cases, especially when it involves a significant amount of assets or real estate, the distribution process can be complicated and contentious. This is where a family law attorney can be of assistance.
A lawyer specializing in family law can provide you with professional advice on all aspects of property division. Starting with determining the extent of marital property and your legal status regarding each asset, the attorney will give you a clear understanding of your rights and obligations.
Distributing property in a court decision on divorce might seem like a convenient option, but it often leads to additional difficulties and delays in the case proceedings. In many instances, the court will not make a divorce decree until the property division issue is resolved. This can result in the lawsuit being left unresolved regarding property distribution, just to expedite the divorce process. Subsequently, the parties must return to court to resolve the property division issue.
Therefore, divorcing spouses need to decide whether they want to divide the property before or after the divorce. One of the main differences between property division during divorce and regular property division is that property division in a divorce process is only considered if it does not cause unnecessary delays in the case proceedings. In such cases, the court may establish unequal shares in the jointly acquired property.
However, filing for divorce does not automatically resolve the property division issue. Moreover, property division does not affect the termination of joint ownership between spouses and third parties. Overall, the property distribution process during a divorce can be complex and require careful planning by the parties involved.
It is advisable to consult an experienced lawyer in advance to understand all aspects of this process and protect your rights and interests.
How is the Share of Property Determined for Each Spouse During Division?
When property is divided by mutual agreement of the spouses, they are given greater freedom in managing this process. Specifically, they have the right to decide how to distribute the property, and it does not necessarily have to be in equal shares. One party may cede part of the property to the other, maintaining fairness and considering the interests of both parties.
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In the case of property division through the court, the court decides the distribution issues, guided by law and the circumstances of the case. Although the principle of equal shares is quite common, the court may make exceptions and deviate from this principle if there are objective grounds. For example, if one party made a significant contribution to acquiring or improving the property, the court may consider this fact in the distribution.
It is important to note that having minor children in the family is not a sufficient reason to deviate from the principle of equal shares. The court will consider all circumstances of the case and make a decision based on the law and the individual characteristics of each case.
The Lawyers and Realtors Association of Ukraine (AROU). has significant experience in family disputes, and we will help you peacefully resolve your property division dispute. If that is not possible, we will provide representation and protection of your interests in court.
