Protection of the interests of the unemployed wives in the division of marital property

The husband appealed to the court demanding not to divide the part of property located in Moscow and in Germany, which he rents out as an individual entrepreneur. I represented the interests of the couple and proved that all property acquired jointly in marriage, despite the fact that the wife never worked.

The point

In a divorce, the spouse went to court with the claim to recognize him as the sole owner of several objects of real estate in Moscow and in Germany on the ground that he leases these facilities, as an individual entrepreneur, he uses these objects and this is his only source of income. When the wife is not an individual entrepreneur and never worked.

In addition, I, as a representative of his wife, appealed to the court to divide equally the funds in the accounts of the husband in the amount which was at the time of filing suit for dissolution of marriage, because after this account was written off a considerable part of the money.

The work of a lawyer

In his speech and in the documents I pointed out that all property, including nonresidential real estate, has been acquired during the marriage. The wife has no source of income and the fact that her husband controls the estate, as a sole proprietorship is not a legal reason not to share these objects.

The representatives of the spouse trying to prove that their client was away in Moscow at the time of filing suit, did not know about the divorce and the money spent from the General account to the needs of the General adult children. However, I gathered evidence that the couple have not led a common household and lived together. The fact of divorce could not be unexpected, therefore, to divide the funds on the account of her husband equally.

Results

The court fully agreed with my arguments and granted the petition of the wife. Counter-claim of the husband was rejected.

More documents you can see in the attached file.

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