What is divided and what remains personal<\/h2>\n
Joint property (Articles 60 and 61 of the Family Code):<\/p>\n
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- property \u2014 flats<\/a>, houses, holiday homes, land plots<\/a>;<\/li>\n
- vehicles \u2014 cars, motorbikes, boats;<\/li>\n
- bank accounts and savings accumulated during the marriage;<\/li>\n
- corporate rights, shares in limited liability companies, property of sole traders;<\/li>\n
- valuables \u2014 jewellery, electrical goods, works of art. Personal private property which is NOT subject to division (Article 57 of the Family Code):<\/li>\n
- property acquired before marriage;<\/li>\n
- property received by inheritance or as a gift \u2014 even if acquired during the marriage;<\/li>\n
- property purchased with personal funds (for example, with money from the sale of a pre-marital flat);<\/li>\n
- items for personal use, bonuses and awards for personal merit;<\/li>\n
- property acquired after the de facto termination of the marital relationship, even if the marriage has not been formally dissolved. An important exception. Article 62 of the Family Code allows for personal property to be recognised as joint property if its value has increased significantly as a result of the joint labour or financial contributions of the other spouse. A classic example: a husband\u2019s pre-marital house, which was renovated and extended over ten years using joint funds. In such cases, everything is decided by evidence \u2014 receipts, building contracts and bank statements.<\/li>\n<\/ul>\n
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<\/p>\nWhen you really need a solicitor<\/h2>\n
Not in every situation. If the couple have one flat, both agree to split it equally and there are no disputes \u2014 a notary is sufficient. A solicitor is needed when:<\/p>\n
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- assets are being transferred out. A car has been \u2018sold\u2019 to a relative, a share in a limited liability company has been transferred to a partner, or money has been withdrawn from accounts. In such cases, a provisional order and seizure of assets are required even before the first court hearing;<\/li>\n
- the parties disagree on the origin of the funds. \u2018This is a gift from my parents\u2019 versus \u2018we took out a loan together\u2019 \u2014 it is a matter of evidence, not belief;<\/li>\n
- if the assets include a business, a sole trader\u2019s enterprise or corporate rights \u2014 this is the most complex category: valuation, analysis of statutory documents, and often a court-appointed expert assessment;<\/li>\n
- the assets are mortgaged or there are joint loans;<\/li>\n
- you wish to deviate from equal shares \u2014 for example, the children are staying with you;<\/li>\n
- the claim has been omitted or the limitation period has expired.<\/li>\n<\/ul>\n
Equal shares \u2014 and when the court deviates from them<\/h2>\n
As a general rule (Article 70 of the Family Code), the spouses\u2019 shares are equal. However, this is a presumption, not a dogma. The court may reduce the share of one spouse if that spouse failed to provide for the family\u2019s financial needs, evaded child maintenance, concealed, destroyed or damaged joint property, or spent it to the detriment of the family\u2019s interests. The court may increase the share of the spouse with whom the children or an adult son or daughter who is unable to work reside. Both scenarios require evidence: maintenance orders, certificates of debt, bank statements, and witness statements. Simply stating that \u2018he behaved badly\u2019 is not enough to convince the court \u2014 and this is the most common reason why people lose cases they have brought themselves.<\/p>\n
Loans and mortgages: what not to expect<\/h2>\n
A common misconception is to think that the court will \u2018split the loan down the middle\u2019. This is not how it works. The bank is not a party to the family dispute: whoever signed the loan agreement remains the debtor to the bank. What works in practice:<\/p>\n
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- if the loan was taken out in the family\u2019s interests and the funds were used for joint property, the person repaying the debt on their own may claim compensation for the proportion they have paid;<\/li>\n
- a mortgaged flat can be divided into shares, but the actual transfer of ownership requires the bank\u2019s consent;<\/li>\n
- obligations incurred by one spouse in their own interests (microloans, bets, debts to third parties) do not fall on the other spouse \u2014 but this must be proven.<\/li>\n<\/ul>\n
Three years that are easy to miss<\/h2>\n
A three-year limitation period applies to claims for the division of property following the dissolution of marriage (Article 72 of the Family Code). However, the period does not start from the date of divorce<\/a> but from the day on which the person became aware, or could have become aware, of the infringement of their right \u2014 for example, when your ex-husband sold the joint flat or stopped letting you into the house. The practical implication is that a divorce eight years ago does not mean it is too late to bring a claim. Conversely, if you found out about the sale of the property two years ago and did nothing, the time limit is running out. If the marriage has not been dissolved, the limitation period does not apply at all to claims for the division of property. This is a detail worth checking during a consultation before paying for a property valuation and court fees.<\/p>\n
Two options: an agreement or court proceedings<\/h2>\n
Agreement on the division of property<\/h3>\n
The quickest and cheapest option. The spouses decide for themselves who gets what \u2014 it does not necessarily have to be divided equally.<\/p>\n
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- we draw up a list of assets and check the title deeds;<\/li>\n
- if necessary, we commission a valuation;<\/li>\n
- draft an agreement on the division of joint property;<\/li>\n
- have it notarised \u2014 notarisation is mandatory for property (Article 69 of the Family Code);<\/li>\n
- we register the transfer of ownership. This takes 1\u20132 weeks. The main risk is an agreement drawn up using a \u2018template from the internet\u2019: such agreements are subsequently successfully challenged.<\/li>\n<\/ol>\n
Judicial division<\/h3>\n
Where to file. A claim for the division of property is filed at the location of the property, not at the defendant\u2019s place of registration. If there are several properties, the claim is filed at the location of the most valuable one (Part 1 of Article 30 of the Code of Civil Procedure). A mistake regarding jurisdiction will cost you 1\u20132 months: the court will return the claim. Stages:<\/p>\n
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- analysis of the prospects \u2014 what evidence is available and what will need to be proven;<\/li>\n
- gathering evidence \u2014 extracts from registers, solicitors\u2019 enquiries to banks and registrars, valuation;<\/li>\n
- securing the claim \u2014 seizure of property, prohibition of registration actions if there is a risk of asset stripping;<\/li>\n
- statement of claim and payment of court fees;<\/li>\n
- pre-trial hearing and hearing on the merits, with expert evidence where necessary;<\/li>\n
- judgement, appeal where necessary, registration of title. An indivisible item (such as a flat or a car) cannot be split in half: under Article 71 of the Family Code, it is awarded to one spouse with monetary compensation to the other; however, the court may only order such compensation with the consent of the person concerned and provided that the funds have been deposited in advance into the court\u2019s escrow account. Without funds in the deposit, the strategy of \u2018I\u2019ll take the flat and pay later\u2019 does not work. Time limits. The Code of Civil Procedure allows the court up to 60 days for preparatory proceedings (Article 189) and 30 days for consideration of the merits (Article 210). In practice, a straightforward case involving a single asset takes 4\u20138 months; a dispute involving valuation, business matters or expert evidence takes 10\u201318 months. A judgment may be appealed within 30 days (Article 354 of the Code of Civil Procedure).<\/li>\n<\/ol>\n
What are the risks for someone handling the case themselves<\/h2>\n
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- Assets are transferred out in time. Whilst the claim is being prepared, the car is sold and shares in a limited liability company are transferred. Without a timely application for interim relief, it will take years to recover the assets \u2014 and this will require separate claims to have the transactions declared invalid.<\/li>\n
- \u2018Sudden\u2019 debts appear. The opposing party produces a receipt for a large sum, dated during the marriage, to reduce your share.<\/li>\n
- An undervalued assessment. An appraiser\u2019s report, commissioned by the other party, reduces the value of the flat by a third \u2014 and your compensation along with it.<\/li>\n
- Missed deadline. The defendant claims the statute of limitations applies \u2014 and the court dismisses the case without considering the merits.<\/li>\n
- An error regarding jurisdiction or the value of the claim \u2014 the claim is returned, and time is running out.<\/li>\n<\/ul>\n
How we work<\/h2>\n
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- We analyse the history of each property \u2014 separating joint property from personal property so as not to divide what need not be divided.<\/li>\n
- We freeze the disposal of assets \u2014 applications for interim relief, seizure orders, and prohibitions on registration actions.<\/li>\n
- We uncover hidden assets \u2014 through solicitors\u2019 enquiries to banks, registers, the Civil Registry Office, and the Unified State Register.<\/li>\n
- We commission a valuation from an independent valuation firm.<\/li>\n
- We conduct negotiations \u2014 where an out-of-court settlement is more advantageous than two years in court, we will state this clearly.<\/li>\n
- We represent you in court and see the case through to the registration of ownership rights or the receipt of compensation.<\/li>\n<\/ol>\n
Cost of services (A solicitor specialising in property division)<\/h2>\n