DIVISION OF JOINT PROPERTY

The lawyers of Kalashnikov Law Office are often asked about the division of joint property after divorce. In order to explain how the division of joint property takes place, it is necessary to analyze how it is formed.

Persons wishing to enter into marriage may, by agreement, before entering into marriage, indicate the regime of property in the application for marriage, which will be effective from the moment of entering into marriage. There are 3 modes of property: offset of property gain, joint property and separate property. If the persons wishing to enter into marriage do not choose the property regime, the regime of joint property shall apply. The common joint property does not include:

• items of personal use of the spouses
• items owned by the spouse before the marriage
• items that the spouse acquires on the basis of the rights of his/her separate property
• gifts and items inherited

The regime of joint property ceases after the dissolution of marriage, and the division of common property between the spouses takes place. It is important to know that the composition of the joint property is determined at the time of divorce.

During the division of joint property, it is assumed that the contribution of each party is the same. The principle of joint contribution can be circumvented if the party can prove the opposite.

Cases on the division of joint property are one of the most time-consuming, so often you cannot do without the help of a specialist. The lawyers of Kalashnikov Law Office have extensive experience in this fiels and are always ready to help.

If you have any questions, please call (+372) 677 55 44 or send an e-mail toklienditugi@kalashnikov.ee