MISTAKES DURING PROPERTY DIVISION | How to Exclude Assets from Division
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In this video, we'll discuss methods spouses use to exclude property from division.
One common method is to register the property in the names of others, such as relatives.
If the property is sold by one spouse, the other spouse can recover half the sale price.
If the contract specifies a low sale price that doesn't reflect the market price, the purchase and sale agreement can be challenged and the consequences of the invalidity of the transaction can be applied.
If the property was originally registered in the names of immediate relatives, such as the spouse's mother, this can be a complex case.
It's important to understand the statute of limitations to determine whether the property can be included in the division.
If the statute of limitations has been met, ownership can be challenged and the property recognized as joint property.
In anticipation of divorce, some spouses attempt to reduce their stake in the business by increasing the authorized capital and adding a new shareholder.
This may be considered an illegal transaction, and the joint share will be included in the division.
It is important to determine the extent to which the increase in authorized capital was intended to reduce the spouses' joint property.
The video discusses the argument that the change in authorized capital occurred in anticipation of the divorce, which can be used against the other spouse.
The second argument is the inappropriateness of an investment of 10,000 rubles, which could not have significantly impacted the business.
The third argument is the inclusion of a close relative as a founder, which may be considered a sham transaction.
We will discuss fictitious loan agreements that can be used to reduce a stake in a business.
Such agreements may be invalidated if they do not comply with legal requirements, for example, if the money was not spent on family needs.
I emphasize the importance of entering into a prenuptial agreement or property division agreement to avoid disputes during a divorce.
These documents can be challenged in court if they infringe on the interests of one spouse.
Sign prenuptial agreements and property division agreements to avoid additional expenses and disputes. ------
Contact information:
Civil cases (WhatsApp): https://wa.me/79647463020
Email: [email protected]
Criminal cases (WhatsApp/Viber): https://wa.me/79144729595
Email: [email protected]
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