09/02/2023
By wizewebsite
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I want a car, you take the chat.How to settle property after divorce<

If you have agreed on the division of property in advance, you are only one step away from having the whole divorce carousel behind you. You can prepare the agreement yourself, but you need to have the signatures officially verified. "Spouses will determine in it which things belong to the exclusive ownership of one or the other, or which will be jointly owned by them," says Tábor lawyer Miroslav Nosek.

In this ideal case, the court does not even have to sit on the request. "For example, in the case of real estate, it is enough to submit a verified agreement on the settlement of the joint assets of the spouses to the cadastre along with a valid divorce judgment," says Brno-based lawyer Kateřina Tomášková. However, if the spouses do not agree, it is necessary to submit a proposal to the court.

Who will leave the house

The settlement of property in court has clear rules. Both spouses are entitled to equal shares. Everyone, on the other hand, has to pay back what he used from the common property for his own property for what he contributed to the common property from his own property. Translated - if, for example, a woman financed the repair of an inherited cottage from the joint family budget, the man is entitled to return part of the investment. The court also takes into account the needs of dependent children, looks at how each of the spouses took care of the family, children and household, as well as how they managed the jointly acquired property.

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"To the needs minor children will be taken into account especially in the matter of housing after the divorce, but in principle the property will be divided half and half. Children's claims should be dealt with by alimony," explains Nosek.

When spouses have joint tenancy rights to an apartment or house, they must agree on who will continue to live there. If they do not agree, the court can order one of them to leave. "We didn't have children, so we agreed that we would both leave the house in the country. We sold it with the mortgage, settled and everyone went their own way," says 27-year-old Kristýna, who moved into a friend's apartment in Brno. However, the new Civil Code significantly strengthened the rights of the second spouse as well.

If Kristýna wants to stay in the house, the court could order her to find her ex-husband alternative housing. He, on the other hand, would have the right to share the household with her for another year or until he has a place to lay his head.

But the fifty-fifty division does not apply in everything. Apportionment refers to things you acquired during the marriage. This does not include, for example, gifts or inheritance. For example, if the husband received golf equipment from a client for a successful project, the wife after the divorce will not even see a ball from him. The gift belongs to the man.

On the other hand, her cottage inherited from her grandmother will also remain with her. Joint property does not include what each bought separately before marriage, or what is used exclusively by one.

What does it mean:

When the money rolls in

< p>Many marriages end because one of the partners has run up debts. The other then tries to escape from the union as soon as possible and get out of the hands of the creditors who have a penchant for the family property.

The prenuptial agreement plays an invaluable role at the moment, in which you have determined before the marriage what will go to whom and possibly narrowed down the joint property. The judge also draws from it. And if you had it recorded by a notary for a fee in the Registry of documents on the marital property regime, it can also protect you from creditors.

I want a car, you get a cottage . How to settle property after a divorce

"If you have narrowed the joint property of the spouses, it means that the spouse can acquire property and manage it without the consent of the other spouse, the same applies to debts," says lawyer Kateřina Tomášková. In other words, the partner must deal with the debts themselves, without the executor recovering from your assets.

If there is no contract, you must act quickly. "If the debt was incurred against the will of the other spouse, the only option is to express your disapproval of it to the creditor immediately after learning about the obligation. That way, at least the part of the joint property that is exclusively yours is protected," advises Michaela Kubíková, a lawyer from Brno. Nevertheless, you also have to reach into your wallet. "In practice, usually the second spouse also has to repay the debts, because the creditors can claim both," explains the lawyer.

There are three years for the settlement

The law also remembers cases where the spouses do not participate in the division of property. The courts give them three years to settle, after which the property is divided half and half between the two. Material things such as furniture, a car or even dishes belong to the person who uses them. "Other things and real estate are jointly owned by both. Their shares are equal, rights, claims and debts belong to both equally," concludes attorney Tomášková.

It may be useful

Agreement on the settlement of mutual property relations and on the arrangement of joint housing

This agreement on the settlement of mutual property relations and on the adjustment of the rights and obligations of cohabitation for the period after the divorce (hereinafter referred to as the agreement) was concluded on the day, month and year below between the following participants: Wife's name: ...... Date of birth : ...... Social security number: ...... Permanent residence: ...... (hereinafter referred to as Wife) and Spouse's name: ...... Date of birth: ...... Date of birth number: ...... Permanent residence: ...... (hereinafter referred to as Husband) (Husband and Wife also jointly as Participants and each individually as Participant)

Introductory statement The parties to this agreement hereby declare that they entered into marriage on ... before ...

In connection with the filing of a joint petition for divorce referred to in Article I of this agreement, the Participants conclude this agreement on the settlement of property relations and on the adjustment of the rights and obligations of cohabitation for the period after the divorce in order to adjust their property relationships.

Property of the Wife The participants of this agreement agreed that the following items, from the things that belonged to their joint property as spouses, will become the exclusive property of the Wife at the moment when the decision on the divorce of their marriage becomes final:

Property of the Spouse The participants of this agreement have agreed that the following items will become the exclusive property of the Spouse from the items that belonged to their joint property as spouses, and/or receivables: Passenger car brand ......, model ......, VIN: ......, license plate number: ......, license plate number: ......, color ...... Land - parcel number ...... with an area of ...... m2, with a building with the descriptive number ......, while the mentioned real estate is located in the cadastral territory ..... ., municipality of ...... and are registered on title deed No. ......, in the real estate cadastre maintained by the Cadastral Office for ......, Cadastral Department ......

Assuming financial obligations The husband undertakes to assume the debt towards the creditor, which is the company ...... ID: ......, with registered office ......, which was created from the title of ...... concluded on the day of ......, which as of the date of the conclusion of this Agreement amounts to CZK ...... and the Participants undertake to inform the above-mentioned creditor of the divorce of their marriage and to immediately take all steps leading to in order for the Husband to take over said debt.

As part of the settlement of the joint property of the spouses, the Husband undertakes to pay the Wife an amount in the amount of ...... CZK, within the period of ...... days from the finality of the judgment by which the marriage of the Participants will be divorced.

Agreement on spousal support The participants expressly declare that they do not have a maintenance obligation towards each other and that they will not exercise such a claim even after the termination of the marriage through divorce.

Side arrangements The participants agree that things and other property values, which are not listed in articles 2 and 3 of this agreement and which, on the date of the decision on the divorce of the participants, belonged to the common property of the spouses of the participants, they become the exclusive property of the Participant who had them in his possession on the date of the legal effect of the decision on the divorce of the Participant's marriage.

The participants agree that the settlement of the terminated joint property in accordance with this agreement will completely settle all their property relations and that they have no other mutual and joint rights or obligations than those expressly set forth in this agreement.

Provided that other things, rights or other property values not mentioned in this agreement appear and acquired by the participants during the marriage, these become the exclusive property of the Participant who has them in his possession, uses them, or in whose name they were issued or by whose actions they arose. The arrangement according to the previous sentence does not affect the settlement of the joint property of the Participants on the basis of this agreement.

In relation to the obligations not specified in this agreement, which arose during the marriage of the Participants and which were accepted only by and on behalf of one of the Participants, they become the exclusive obligation of this Participant. The relevant Participant undertakes to fulfill these obligations in his own name, on his own account, and at the same time declares that he will not apply them in relation to the common property of the Participants of this agreement.

HousingParticipants agree that they already live separately and do not have a shared home.

Final Provisions The unenforceability or invalidity of any provision of this Agreement does not affect the enforceability or validity of the remaining provisions of this Agreement, unless the nature or content of such provision indicates that it cannot be separated from the rest of the content of this Agreement.

This Agreement may be amended by written amendments signed by all parties.

This agreement was drawn up in three (3) copies, with each of its Participants receiving one copy. One copy, on which the signatures of the Participants are officially verified, serves in accordance with the provisions of § 757 paragraph (1) letter c) and paragraph (2) of Act No. 89/2012 Coll., Civil Code, as amended, for the purposes of divorce proceedings of the Participants.

Each of the contracting parties bears its own costs incurred as a result of concluding this agreement.

This agreement becomes valid and effective at the moment of signature by the last of the Participants, with the exception of the provisions of Article 3 and 4 of this agreement, which become effective on the date of termination of the common property, i.e. at the moment of the legal force of the judgment by which the marriage of the Participants is divorced.

After reading and familiarizing themselves with the contents of this agreement, the undersigned declare that this agreement was written according to their true, free and serious will, not under duress, duress or mistake. As proof of this statement, the Participants attach their handwritten signatures below the text of this agreement.

On ...... on ......

Source: Legito.cz