The existence of joint property between spouses can be a source of conflict during a divorce. This can be avoided by approaching the issue from a legal perspective. This is precisely why you should consult a solicitor. They will help you:
- draw up the documents correctly;
- conduct rational negotiations;
- reduce stress caused by misunderstandings;
- ensure full support at every stage.
When do you need a solicitor for the division of property?
The process of dividing joint property is always considered complex. That is why it is important to seek legal assistance immediately. But sometimes the situation becomes even more complicated:
- during disputes between a husband and wife;
- where there is a lack of understanding regarding the correct division;
- the absence of a single valuation for the property;
- refusal by one of the spouses to cooperate;
- deliberate delaying of the process;
- the presence of high-value assets that are difficult to divide.
A solicitor’s assistance is also required to ensure that every procedure is lawful. Clients often make mistakes or allocate shares incorrectly. Sometimes they fail to take children and their personal belongings into account, particularly if these are of high value.
Division of marital property: what is subject to division
A crucial aspect of dividing property between a husband and wife is the correct allocation of shares. It is considered that everything acquired jointly during the marriage must be divided:
- property (holiday homes, flats, houses or plots of land)
- vehicles (motorbikes, cars or boats);
- valuables (jewellery or luxury items)
- financial savings (in bank accounts or cash).
The division takes place in any case. Even when the property is registered in the name of only one of the spouses. Debts are also divided if they were incurred in the interests of the family.
Division of joint property through the courts and by mutual agreement
The division of joint property takes place in two ways. The simplest method is considered to be division by mutual agreement. To do this, you need to:
- carry out an objective valuation of the property;
- determine each spouse’s share;
- record the agreement with a solicitor in a joint agreement.
This approach is cost-effective and quick. However, when the spouses cannot reach an agreement, the property is divided through the courts. This is done with the help of a solicitor. They prepare the necessary documents for the claim. Evidence regarding ownership rights is also required.
Contact a solicitor regarding property division at Svarog
A solicitor’s assistance during divorce and property division is the way to resolve everything quickly and without unnecessary effort. A family lawyer in Kyiv from Svarog guarantees:
- a personalised approach;
- full support;
- assistance with preparing documents;
- conducting negotiations;
- resolving the matter in the client’s favour.
Book a consultation to discuss your situation. We will always help you develop the most optimal strategy.
Questions and answers
How is property divided after a divorce?
This can be done in two ways:
- by court order;
- by mutual agreement.
What property is considered joint property of the spouses?
Joint property includes all property acquired during the marriage. This does not depend on:
- who worked;
- in whose name the property was registered;
- who had full control of the finances;
- who owned the business.
Can a flat or house be divided in a divorce?
Yes, the division of any property during a divorce is standard practice. There are specific rules for division depending on the number of properties involved.
What documents are required for the division of property?
The number of documents depends on the method of division, but generally the following are required:
- the identification code and passport of each spouse;
- the divorce decree;
- documents establishing ownership of the property;
- property valuation report;
- statement of claim for the division of property (for the court).
How long does the judicial division of property take?
The duration of a court-ordered division of property can take up to a year or more. It all depends on the complexity of the case.
How much does a solicitor cost for the division of property?
The cost of a solicitor is calculated on an individual basis during the initial consultation. It usually depends on the complexity of the case and the need to prepare various documents.