Paid legal advice on division of property in Moscow

Prices for legal consultations on property division in Moscow

Order an online consultation with a lawyer on the division of property

Order a legal consultation on property division by phone

Legal advice on division of property: advantages of paid services

There are such consultations, but you will not get the solution that paid consultations with lawyers on the division of property will provide. What are the advantages?

• Response within the first minutes after the application. A specialist will call you back
• Conversation guarantees
• Complete confidentiality
• Contact us any time online. No need to leave home
• Protecting your rights
• Help until the end of the process. If you have any questions, they will be answered
• Minor cash reward
• Ability to submit documents for review online
• Individual approach to each client

All issues can be resolved. When getting a divorce, the main thing is not to despair. A competent lawyer who knows his business will bring the process to a winning end. Specialists are needed in every case and in the matter of dividing wealth as well.

What to do if an agreement on property is not reached?

If it is impossible to divide the property peacefully, you are left with filing a claim in court. If the total assessment of the property is within 50,000 rubles, it is sent to the magistrate’s court. From above – to the city or district court at the defendant’s place of residence.

You can prepare documents for application yourself or by contacting our board. A lawyer for family and divorce disputes will take upon himself the preparation of a statement of claim, negotiations with your ex-spouse and, if necessary, the protection of your interests in court.

We will help resolve the most complex disputes in the area of ​​property division:

Property cannot be divided equally

If property cannot be divided after a divorce, a divorce lawyer will find the most beneficial option for the client and one that suits both parties: payment of compensation; sale and division of the resulting amount; allocation of the spouses' share in kind, with the provision of the opportunity to use the thing to each of them.

One of the parties invested more in joint property than the other

Jointly acquired property is divided between spouses in equal shares. However, if one of them can prove to the court that he has made a much larger contribution to increasing the volume or value of such property, the court may deviate from the principle of equality of shares.

In this case, a lawyer for the division of property during a divorce will help you collect compelling evidence that the court will accept as sufficient to change the usual approach.

How are spouses' loans divided during divorce?

Consultation with a lawyer on the division of property in Moscow is a relevant service for those couples who managed to take out a loan during their marriage and have not yet fully repaid it. Moreover, it does not matter to whom exactly the loan in question was issued, since the debt is considered common if the money received was spent on the needs of the family. This question is especially relevant if the spouses took out a loan for real estate or other common property, which means they must share the remaining debt on the loan along with it.

But still, the issue of dividing a loan during a divorce largely depends on the characteristics and nuances of a particular case, which is assessed by the court. Some circumstances can radically change the picture in a way that will be disadvantageous to the participants in the process. That is why the help of a lawyer in dividing the property of the spouses will be very useful, since it will allow you to obtain the necessary knowledge and develop a strategy for obtaining maximum benefits in the divorce process, receiving a legal share of the property.

In addition, the lawyer will tell you what prospects the case may have. This is especially true for complex and controversial cases, where it is difficult to determine who will win and what property will receive. For example, if only one of the spouses works, but the apartment taken on credit is common property and was purchased during marriage.

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.

How long does it take to divide property in court?

The services of a lawyer for the division of property are not only purely practical assistance in the case. They often involve informing clients on issues that interest them. That is, full consultation is carried out. In some cases, clients then solve their problem themselves, but usually, cooperation with a lawyer continues until the divorce is completed.

If you need the help of a lawyer when dividing marital property, by asking for support, cooperation will take place in several stages:

• Consultation with a lawyer on the division of property in Moscow. The stage in question occurs immediately after the appeal and description of the situation.
• Collection of information about property and documents for it. To prove the existence of property and its origin, it is necessary to clarify who exactly owns the value, when and under what circumstances it was received. This is important because it determines whether the property will be divided or not. Also at this stage, a search for bank accounts may be carried out to prove the fact of financial solvency. If one of the parties is trying to hide some property, the services of a lawyer for the division of property include the moment of sending a request for its disclosure.
• Trial. This stage is the longest, and also consists of several sub-stages.
• Making a decision. After the court makes a decision on the division of property, there is still a month for it to come into force. The lawyer will make sure that everything happens in accordance with the law. The services of a lawyer for the division of property include assistance in the execution of the decision under consideration. Which is especially useful if one of the parties interferes with this process. If necessary, support can be provided through cooperation with bailiffs or the police.

Types of loans and ways to divide them

Consulting a lawyer on the division of property in Moscow will help you decide how to divide different types of lending, since each format has its own characteristics and specifics of the division.

1. Large targeted loan. These types of loans usually mean the purchase of a car, apartment or other real estate. To divide property that is on credit and until the debt is repaid, you can use the scheme of selling the item, using the money received to close the remaining debt, and dividing the remainder between the spouses. But such an operation must have the consent of the bank. Also, one of the parties may undertake to pay the loan on their own, after which they will not share the share with the ex-spouse. Another popular option is to give the spouse financial compensation from the share of the divisible property, but deducting his part of the loan. In the last two cases, the spouse who does not pay the loan must be removed from the borrowers' agreement.
2. Cash loan. The assistance of a lawyer in the division of marital property involves the division of not only actual property, but also common accounts. The cash loan will be divided if there is evidence that the money was spent on family needs. Such evidence may include checks and card statements. Such a loan is divided in half between the spouses. If the money was spent on only one spouse, this must also be proven, and then the borrower will pay the debt on his own.
3. Loan for personal needs. This type of loan is issued in the name of one person, so only he can pay it back. But there are situations when the money taken was spent on the family. If this is the case, you should collect evidence of the fact in question (checks and statements, as well as witness statements). Seeking advice from a lawyer on the division of property in Moscow can be of significant help.
4. Consumer loans. This is a loan that is taken out to buy various things. Whether it will be divided equally between the spouses depends on what exactly was purchased. If it was something really necessary, like furniture for a shared apartment, and not a super-expensive fur coat for the wife, the court will divide the loan equally. Otherwise, the person for whom the loan is issued will pay.

But the help of a lawyer in dividing the property of spouses will be needed in almost any case related to a loan, since such disputes rarely end with the voluntary consent of the spouses to pay the debt. In addition, not all loans taken were actually taken due to rational reasoning, and not for one of the spouses to realize their wishes.

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.