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Division of joint property


Progressor Law Office has extensive experience in successfully resolving disputes related to the recovery of alimony, divorce, division of joint property and complex issues related to child care.

Participation in a long-term social project in cooperation with the municipality of Lasnamäe, to provide legal assistance to the population, made it possible to systematize a huge number of incidents and their solutions.

Our lawyers can advise you on issues related to the property rights of spouses and the division of marital property, as well as prepare the necessary procedural documents and represent your interests in court.

When concluding a marriage, the future spouses choose community property regime. And depending on the chosen regime, when dissolving a marriage, the corresponding formula for the division of marital property is applied.

The law provides for 3 types of matrimonial property regime: common joint property – when all acquired property belongs to the spouses in equal shares, the regime for offsetting the increase in property – when the division of property takes into account the increase in the share of property of the spouses and the regime of separate property – when the registration of marriage does not entail community of property rights and obligations of spouses.

In the event that an official marriage was not concluded between the persons, then, according to the general principle, it is considered that each of them owns the property that was acquired in his/her name. In the event that the purchase of real estate was made at the expense of joint funds, then the second of the cohabitants (spouses) may demand the return of the money spent by him/her on the basis of the provisions on unjust enrichment.