Court order to divide the jointly acquired property of the football player and his ex-wife

Plot of the case:

The client, who has dedicated his entire adult life to football, has become aware that his spouse, with whom he has been married for over a decade, has become considerably colder towards family life when he has reached the age of sufficiency for a professional football player. The marital discord led to the dissolution of the marriage. During their long life together, the former spouses had acquired significant assets - several flats, a car, a plot of land, and cars. However, in response to the client's proposal to divide the assets in half and finalize the divorce, the ex-spouse replied that the client, on whose employment income all of the assets had been acquired, would receive nothing. Indeed, the client could not get either the keys to his flats or the documents for the properties.

The client turned to the Dvitex law firm with a request to represent his interests in the division of property with his spouse.

Decision: Attorneys of Dvitex collected a large amount of evidence in the case. As it turned out, during the period from the date of dissolution of marriage until the date of the client's appeal to the company (which is more than 2 years), the former wife was engaged in renting and leasing of most of the objects. She had appropriated all the money she received, and the ex-spouse had to live at the base of the football club or in the same flat as the ex-spouse for this reason. The lawyers' inquiries also revealed that during the marriage the former spouse had concealed from the client the existence of money in her accounts amounting to approximately 2 million rubles, which had been withdrawn by her for unspecified purposes immediately after the marriage had been dissolved.

In numerous court hearings, the arguments of Davitex's lawyers were confirmed and expert appraisals of the value of the cars were carried out. The spouse insisted that she vitally needed all the objects to be divided, while the ex-spouse could get along with one flat with unfinished repairs, a parking space there, and a car “not the first time”. The ex-wife insisted that she had used the money from the bank account to renovate the shared flats.

Notwithstanding the former spouse's aggressive stance and the claim to abandon the equality of shares in property in her favor, the defendant's arguments were not supported by relevant and admissible evidence and the property was divided on the basis of parity according to a scheme proposed by Dvitex’s lawyers in the interests of the former spouse and the joint children. However, given the defendant's strong desire to have a half in each of the plaintiff's properties, which was apparently necessary for her to continue to receive income from renting them out, the court did not determine which of the flats would belong to which of the former spouses on the right of sole ownership, transferring most of the properties into the joint ownership of the spouses. In such a division, the former spouse would have had to pay our client 1.5 million rubles, as her share was larger than that of the former spouse.

Despite the rather ambiguous decision, our client was willing to tolerate the presence of the former spouse among the owners of part of his property. However, the ex-wife decided it was not enough for her to own a 200 sq. m. flat in a prestigious Moscow area, a parking space and a car, as well as a half in two other flats and a land plot. The Moscow City Court had to sort out the dispute.

During the appeal proceedings, the ex-wife repeatedly “sabotaged” the hearings and did not come to court on various pretexts. She finally came to one of the hearings and stated that the court had determined the value of the properties incorrectly, she had not concealed the money from the accounts, but had spent it on the then divorced family and generally deserved almost all of the jointly acquired property as her personal property.

Nevertheless, all the arguments of the defendant were skillfully parried by the lawyers of Dvitex. It was brought to the court the information that the former wife, despite her burning desire to participate at least as a co-owner in the life of the client, is not able to pay a significant amount of compensation, and the division of flats and land on the ½ share does not meet the interests of either party. Following a review of the judgment, the arguments of our lawyers were fully accepted by the Court of Appeal, resulting in the fairest possible judgment: the property was divided according to the scheme originally proposed by the claimant to his ex-wife, with her share being only 200,000 roubles more than the claimant's share, meaning that such a division would not require any substantial monetary outlay by the ex-wife. The client received as personal property those items that were necessary for him to continue his business, while the ex-spouse was left with what was actually used by her for her personal needs.

Even after a seemingly “happy ending”, it turned out that because of the former wife's debts, who preferred not to pay utility bills for the properties she rented for years, all the properties that the plaintiff had rightfully owned, but had been naively registered to the wife during the marriage, were seized.

The ex-wife was also hampered by the payment of compensation, which she said in court was insignificant.

After Dvitex’s lawyers joined the court order execution, seizure of the debtor's assets and litigation with bailiffs and Rosreestr, the order was eventually executed, and now the best football player can quietly continue his activities without looking back on the past.

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Court order to divide the jointly acquired property of the football player and his ex-wife

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