I-V 8:30-18:00
Inheritance, divorce or property division: what is important to know and when to seek legal advice?
The inevitable situations in life - the loss of a loved one, inheritance, divorce or property division - are often not only emotionally difficult, but also legally complex. In these situations, people often make decisions based on emotions or misconceptions, which can have lasting consequences. In this article, we look at what is important to know when dealing with inheritance, divorce or property division issues and when it is necessary to consult a lawyer.
Inheritance: who, how and when?
Succession is one of the more complex areas of law, especially when the estate has to be divided according to law without a will.
Key points to know:
- The time limit for succession is 3 months from the date of the deceased's death. Within this period you must apply to
a notary and declare your will to accept the succession. - You can accept the inheritance either de facto (when you start using it) or formally (through a notary). The two forms have different legal effects.
- If there are several heirs, a clear valuation of the property and, if necessary, legal assistance in resolving the dispute are essential in case of disagreements over the division of the property.
- The estate includes debts - it is important to take stock of the deceased's overall financial situation before accepting the estate.
It is a good idea to consult a lawyer, both when you want to inherit and when you want to challenge the validity of a will or inheritance.
Divorce: legal arrangements and emotional security
Divorce is a sensitive and often lengthy process that not only involves ending the marriage, but also resolving important issues such as child custody, division of property and maintenance.
Important to know:
- Divorce can be amicable (by mutual agreement) or contested (in court).
- In the case of minor children, judicial review is always involved - assessing whether the children's rights will be safeguarded.
- The divorce proceedings deal with: residence, access to the children, alimony, maintenance of the family name.
- Even after divorce, the division of property can be a separate, complex process, especially in the absence of a prenuptial agreement.
- Having a lawyer during a divorce helps you to clearly understand your rights and to ensure that decisions are made rationally and legally.
Division of property: between family members or heirs
Property divisions can arise not only during divorce or inheritance - they often arise between:
- Co-owners (e.g. inheritance in immovable property);
- Business partners or relatives who have jointly purchased the property;
- Family members who have signed joint venture, gift or loan agreements.
What's most often confused:
- What's individually owned and what's jointly owned;
- When are the assets divided equally and when are they divided in proportion to the contribution;
- How to assess the market value of a property, right of use, renovation costs or investment.
A lawyer helps you objectively assess the situation and suggest the best way forward - negotiation, mediation or
court proceedings.
Conclusion: it is better to settle quietly than to litigate for a long time
Inheritance, divorce or property division require not only knowledge but also the ability to find a constructive solution.
With timely legal advice:
- Avoids conflicts;
- Saves time and money;
- Legal clarity is ensured.
Need help with a personal legal matter?
Contact Lexida for professional assistance in family and inheritance law.
