Division Of Property

When filing a lawsuit to the courts on the delineation of the rights of parties to family relations on property. This is necessary in order to determine the size of the state fee, since the amount of this tax is set depending on the percentage of the price of the claim. The price of the claim, in turn, is the value of the things that the spouse is claiming. Non-payment of state duty is the basis for leaving the claim without motion.

In determining the value of property subject to division between spouses, as well as in determining the amount of cash compensation in cases where the property is not distributed in equal shares.

When determining the value of property for the payment of debts of both spouses and one of them. Such an assessment may require the bank to ensure that the loan can be repaid.

Who and how does property assessment:

The plaintiff who is suing the court for the division of property, as well as the allocation of a share from the jointly acquired, can determine the price of things independently.

The plaintiff who is suing the court for the division of property, as well as the allocation of a share from the jointly acquired, can determine the price of things independently. To do this, you can use receipts, checks, contracts and other evidence of value.

It is entrusted to a certain forensic expert institution, either to a certain expert or to several experts. In some cases, they resort to the services of independent expert appraisers.

For the production of expertise, the assigned expert should be provided with everything that will help to give the correct conclusion. It can be documents, inventories, objects in kind, or granting access to the object. Lawyers advise to evaluate only that which has real value, as it allows to save on the services of the appraiser.

What property is subject to evaluation?

What is subject to evaluation can be divided into objects of movable or immovable property, business and intellectual property. The last type of property belongs to only one of the spouses, and therefore cannot be divided by divorce. Nevertheless, the results of intellectual work can be assessed when the property is divided at the request of creditors.

For example, the definition of the price of real estate is determined based on the inventory evaluation of it or from the amount specified in the insurance contract, or taking into account the current market value. The property belonging to the organization is valued taking into account its book value. The land plot can be estimated on the basis of market or cadastral value, the car – only on the basis of the market .

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Property valuation:

What is property valuation?

To date, valuation of property, or property complexes is the most common type of valuation activity, this is due primarily to the breadth of the range of valuation objects classified as property.

Property – useful objects of possession or use of individuals or legal entities. In other words, property is the aggregate of property rights of a specific legal or natural person.

Property complex – a complex of property rights of a legal entity, to all objects involved in the implementation of entrepreneurial activities.

As a consequence, the valuation of the property complex is the most complete type of valuation, including the valuation of real estate, machinery and equipment, vehicles, financial investments, intangible assets and so on. In assessing the property complex, in addition to evaluating all the components of a given property complex, it is necessary to take into account the so-called synergy effect.

Types of property value:

Evaluation expertise allows you to establish different types of property values:

• Market value – the most probable cost of the object when it is sold on the open market;

• Replacement cost – the amount of costs in market prices for the creation of an object that is identical to the estimated object;

• Investment value (value, determined on the basis of the profitability of the object for the specified investment purposes).

 

The definition of different types of value will give you objective information about the real price of the facility and, possibly, will be useful in making managerial decisions.

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