Divorce and separation can be a very difficult process. In addition to all the emotional stress that can hound you from the beginning until the judge lays down his final decisions, there will also be a lot of complicated matters that can mess up your mind, like the division of property.
In Costa Rica, the division of property takes a significant role in most divorce cases. Oftentimes, the process gets more complicated as the properties get bigger. Also, complications may arise in the matter of deciding whether certain properties need to be sold so that they can be divided equally and fairly between the two spouses.
No matter how complex the division of property may get, you can always keep things fair and organized if you have a reputable family lawyer working by your side. Here at Costa Rica Divorce, we guarantee that our attorneys and legal consultants will work conscientiously and fairly to ensure that your best interests are met and that your rights are always protected in the process of dividing properties and assets between you and your spouse.
During the course of the marriage, a couple is likely to acquire a number of assets and properties, either as separate individuals or having the property titled in both of their names. Maybe you had purchased a beach house and a couple of cars, or maybe you had started up a business. Such properties are termed as conjugal property and are equally owned by the couple. Thus, in the event of a divorce or separation, these properties must be divided equally between the two people.
This process can be easy or difficult, depending on the amount and nature of properties that the couple possesses, as well as on how the couple approaches the process of divorce and property division.
Either spouse may have received an inheritance or a donated asset while the couple was still married. Even though they had been married or perhaps even on good terms during the time of the inheritance or donation, these properties are not included among the conjugal properties that shall be halved. Thus, any family inheritance that is in your name, unless you have legally included your spouse's name in the ownership papers, belongs only to you.
It is clear that all properties and assets must be divided between the couple once the divorce has been granted. There are two basic ways on how this can be achieved. The first way is for the couple to decide between themselves as to who gets what, which can be a very simple solution if the divorce is amicable and both spouses are cooperative when it comes to the division of the property.
In this case, it doesn't necessarily have to be an equal division in terms of property value, as long as both parties are fine with what they get to keep. However, a complete list of the properties and assets that were given to each spouse should still be written explicitly in the divorce settlement papers. It might also need to be submitted to the judge and kept for court records.
The other way to divide the property is to let the judge handle the whole thing. This can be a lot more complicated and will probably take much more time. However, in cases where the couple cannot agree between themselves, this is the only way in which the matter can be settled. If the judge is to take charge of the division of property, a complete list of all assets must be submitted to the court even before the divorce has been granted. The court will analyze the value of all these assets and divide them right down the middle for an exact and just division between the two spouses.
In an amicable divorce, there is usually not much problem when it comes to the division of property. However, we have also handled our fair share of nasty contested divorce cases where the couple will fight to the death to keep certain properties. So, whether your divorce is quite peaceful or your ex chooses to put up a fight, you can be sure that we will represent you and your best interests at all times. We will not let the opposing side encroach upon your rights, nor will we intrude on what is rightfully theirs. We guarantee a fair division of property at all costs.
To ensure the fair division of property, the first step is to conduct a professional assessment of all the properties that have been identified as part of the official list. Among the usual items that are to be assessed and ultimately divided are real estate, vehicles, bank accounts, furniture, stocks, bonds, and business investments.
Then there is also the matter of loans and debts, and the extent of accountability each partner should have on these debts. Our team will ensure that these matters are handled carefully, ensuring that the lender will not be impacted negatively by the divorce.
In the process of dividing property, there will also be certain tax consequences, and these have to be considered in the divorce settlement as well. Our legal consultants can help you figure out the best options for the fastest and most efficient division of property while incurring only minimal tax.
Our very competent lawyers have all the experience and expertise that you will ever need when it comes to all matters that have to do with divorce. Since Costa Rican law requires both parties in a divorce to be present in the process of dividing property, we cannot completely take over for you. Failure to cooperate will lead you to contempt of court, and that is not something we want. What we want is for you to be able to get through the process of division of property with the least stress and obstacles and in the fastest time possible.
If you have any questions in regard to division of property, or anything that has to do with divorce and the Costa Rican Family Law, just give us a call. Our lawyers will be able to provide the best legal advice for any concerns that you may have.
Feel free to get in touch with any enquiries and one of our friendly members of staff will get back to you as soon as possible, we are here to help !