Residential real estate: apartments, houses, rooms, new buildings, investment contracts
Commercial real estate: retail premises, warehouses, industrial premises, business centers, office premises
Country real estate: land, cottages, country houses, townhouses, cottages, mansions
Aircraft: aircraft, helicopters
Power lines, etc.
The customer of the assessment should indicate in the assessment assignment what value must be determined:
Market value – the appointment of the most likely price at which the subject property may be sold on the valuation date on the open market in competitive conditions with reasonable action by the parties to the transaction that have all the necessary information
Liquidation value is the value of the object with a reduced exposure time (value for a quick sale)
Investment value is a type of value, for the determination of which serves such a criterion as the profitability of the estimated object for a particular investor. Assessment of investment value is necessary, for example, when carrying out enterprise restructuring or in order to substantiate investment projects
The cadastral value is the value of land plots determined as a result of the state cadastral valuation of land, taking into account their classification by purpose.
Application for examination:
Shares in the division of property. Property valuation
Material relations of spouses are governed by family and civil codes.
Shares in the division of property
Determining the size of the share in the division of property, the court takes into account whether the contested property is personal or jointly acquired.
Jointly acquired property is distributed in equal shares between spouses.
If the court proves that one of the spouses did not have his own income for a disrespectful reason to the detriment of the interests of the family, then the court will redistribute the property acquired jointly in the interests of one of the parties.
Also together the acquired property can be distributed not in equal shares, if it was stipulated in the concluded marriage contract.
Personal property, this property acquired by one of the spouses before marriage or received as a gift or by inheritance, and is not subject to division.
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However, if indisputable evidence is provided that the spouse participated in personal labor or monetary investments in improving the second-party’s personal property (major repairs, reconstruction), which resulted in a significant increase in the value of the property, the court may decide transfer of personal property into the category of property acquired jointly. And on the basis of such a decision to make the allocation of shares, both from the property acquired during the period of marriage.
Shares in the division of property may be unevenly distributed if there are dependent children in the family. In such a situation, the court will redistribute the shares in the property, taking into account the interests of the children, which would entail a reduction in the share of one of the spouses in favor of the one with whom the children will remain.
Property not subject to division includes material goods that were purchased for children, such as furniture, musical instruments, clothing, books, sports equipment, etc., as well as money that was set aside for the needs of the child.
Debt obligations for the division of property are distributed in proportion to the allocated shares.
Valuation of property at:
When filing a claim to the court for the division of property, a list of the disputed property is attached, indicating the price of each item in dispute. To prove the value of the property, checks for the goods, sale and purchase agreements are used, where the date of purchase and the paid value are stated.
If the valuation of the property in the section cannot be specified and proved independently by the plaintiff (one of the spouses), then use the services of independent valuation companies that are licensed to conduct this type of activity.
Property valuation is carried out by an appraisal company based on the value of a similar property on the commodity market, and the degree of its wear and obsolescence.
As one of the possible valuation options: property valuation in case of a division can be determined by mutual consent between the spouses.
If the division of property to one of the spouses will distribute property with a higher value, then the difference in the value of the distributed property must be paid by the second spouse in the form of a compensation payment. The compensation payment can be appointed by the court only with the consent of the party to whom compensation will come. If the amount of compensation is not significant, the court can do without obtaining consent.
The division of the property of spouses has many nuances and “pitfalls”. Therefore, if you have to face a similar situation, consult an experienced lawyer. They will explain the provisions of the current legislation, will help determine the best option for the division of property. If necessary, they will render services in drawing up a statement of claim to the court for the division of the disputed property.