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DIVISION OF MARITAL PROPERTY

 

Property acquired by spouses during marriage is their community property. The community property of spouses includes earnings from labor and entrepreneurial activities, pensions and benefits, results of intellectual activity, movables and immovables, securities, shares in capital, deposits in banks and other organizations. No matter in whose name the property was purchased or which of the spouses deposited the money, everything that was purchased during the marriage is counted to be community property.

 

The division of community property of the spouses can be made both during the marriage and after its dissolution. Division of property by agreement If the spouses agree on the division of community property, it is necessary to conclude an agreement, which must be made in written form and notarized. Division of property through the court If the spouses fail to come to an agreement of the division, the division of community property and determination of spouses' shares in this property are conducted by judicial means.

 

We provide services related to the division of community property of spouses:

 

  • Preparation of agreements on the division of property and provision of notarial registration of agreements 
  • Preparation of a statement of claim and related documents 
  • Asset valuation by a forensic expert o Obtaining documents from the real estate cadastre, vehicle register (extracts, copies of purchase and sale agreements, etc.) o
  • Preparation of requests and petitions o Advising clients o Legal representation in court and in aid of execution.

 

 

MAINTENANCE OBLIGATIONS

 

The obligation to pay alimony is provided by civil law and may arise between parents and children, between divorced spouses (if one of them is unable to support himself for reasons that arose as a result of a previous marriage), between spouses, between descendants and ancestors.

 

Most often, issues related to maintenance obligations relate to the maintenance of children. The amount of alimony depends on the average monthly income of the parent who is required to pay child support. But very often, other factors need to be taken into account, such as alternating child care for both parents, etc.

 

The parties can agree on a fixed amount of alimony. An agreement is always the most reasonable solution to alimony disputes. In the event of a trial, the court will approve an agreement during the pendency of the case.

 

We provide the following services related to alimony recovery:

 

  • Consultations, determination of the legal position and possible result of the alimony dispute
  • Preparation of an agreement on maintenance obligations
  • Preparation of a claim and statement of claim to the court
  • Preparing requests, petitions and collecting documents
  • Legal representation in courts.

 

 

 

 

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