Division of marital property

If the spouses have not entered into a prenuptial agreement, the marriage will be divided on termination of the marriage, either by divorce or death.

 

Effects of division of property

The partition involves a survey of the assets and liabilities of both spouses and the preparation of a partition calculation, which determines the amount of the equalisation payment and the amount of the equalisation payment. The division should also take into account other financial issues between the spouses, such as joint debts and mutual claims. It is possible to agree on the division between the spouses.

 

Division of property and estate distribution

If no agreement can be reached, either spouse can apply for the appointment of an administrator to carry out the distribution. The division can be made at any time after the divorce is granted.

 

No statute of limitations for division of property

There is no time limit for making a distribution, as the right to claim a distribution does not expire in principle. It is advisable to carry out the division fairly soon after the end of the marriage, so that the question of how to carry out the division does not arise again, for example decades later, when the second spouse's estate is probated and distributed.

 

Amos Partition and Law Firm

We will assist you with all aspects of the partition. You can view our price list Here