List of values to be divulged in divorce:
Share in case of divorce is only property acquired in marriage. This category includes the following types of property:
- All types of material assistance, state support and other non-earmarked payments;
- Acquired property for maternity capital;
- Financial investments (shares, dividends, etc.);
- All types of income of spouses (labor, commercial, etc.);
- Joint large acquisitions (regardless of who issued the purchase and sale transaction).
On the basis of Russian legislation, there is a statute of limitations for the division of property of divorced spouses – 3 years. An exception to this rule is property and values received on a non-refundable basis.
Together acquired property values include cars, household appliances, real estate, money and their equivalents. Share and the profit received by both or one spouse as a result of doing business. The Family Code equates to common property those property objects that belonged to any spouse before marriage, but when living together performance characteristics improved, and the value of this property increased significantly.
Property that cannot be shared after a divorce:
as a result of the divorce is not divided into any property. This includes real estate or other valuable objects acquired by the spouses before the official registration of the marriage. This applies in the first place to couples who before marriage were living a civil marriage. The second group of indivisible property – gratuitously received (donated, inherited and privatized). It is impossible to claim the property of the spouse, which he received before marriage.
In case of divorce, personal belongings, gifts, clothing and footwear, sanitary and hygienic devices and means remain with the spouse who received them or acquired them in marriage. The high value of expensive jewelry and luxury goods necessitates their evaluation and division in the event of dissolution of the marriage.
Do not share with the official separation of spouses belonging to minor children things that are opened in financial and credit institutions accounts and deposits.
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Features of property valuation during divorce:
The main purpose of the property, which is required to be divided between the former spouses – is the fairness of this section. Each property or jewelry has its own price, which is determined by a professional expert. During the evaluation, wear factors, intensity of operation and other conditions of use are taken into account.
It is important: the size of the state duty in the process of bringing a claim to a court depends on the value of the property. Appeal to judicial instances is always connected with the monetary equivalent of property subject to division, or disputing the results of an already accomplished section.
The initiator of the judicial expert assessment of the spouses’ property may be not only the court, but also the spouse who claims the other distribution of values. Evaluation can be carried out independently, but more often people turn to the services of professional experts. The last option is preferable, because it has legal significance and weight in the course of the trial.
To order an evaluation when contacting the company, the client provides a list of items and values to be divulged. If expertise of houses or vehicles is necessary, the specialist will ask the owner for a certificate of registration of the right with accompanying documents (plan, technical passport, etc.).
The company “Soyuz-Expert” draws up contracts for the performance of the evaluation with a clear indication of the scope of work and obligations of the performer. Departure of the expert to the place for the procedure takes place at a convenient time for the client.
Cheap objects and objects. For 6-8 days a specialist draws up a detailed report – an appraiser’s report. The document received by the customer has legal force for any state instance.
Mandatory assessment of property in case of divorce:
The valuation of the property of a family that ceases to exist may be mandatory. This includes a number of situations that legally require independent examination of property.
When dividing a joint business, it must be assessed. The second case – the subject of evaluation indivisible in principle and will require payment of compensation to the second spouse (who did not receive this object).
A fair section is required for an unequal division of the property of divorced spouses. This can be if the underage children remain with the mother. Obligatory expertise requires property improved in the marriage. In this situation, you will need to compare the original value of the object with its market value at the time of divorce, taking into account the improvements made and upgrades.