Division of assets after divorce: Free legal advice


Questioner

from my divorce 9 years ago, the division of assets was never legally arranged and therefore also not registered. My ex has since passed away. Before I could have a -correct- Declaration of Inheritance drawn up, I was told that I first had to apply for a kg to officially get the division of the estate on paper (I am both defendant and plaintiff in this; the house must remain undivided because of the minor children present). Is this correct (i.e. in that order and not described differently than above)? Please respond, thanks in advance.

Lawyer

I understand from your question that you have made division agreements with your now deceased ex, but that these have probably not been implemented or only partially implemented. Except for any deviating testamentary arrangement by your ex and any other descendants of your ex, your joint minor children are his heirs. In principle, you are not an heir, but you may have an interest in the division agreements being fulfilled first, before your ex's estate is divided. Here, your interests may conflict with those of your minor children. I do not think that litigation is necessary at this stage. However, the judge will have to be involved in the division, as he will protect the interests of the children. In short, it seems to me that the order is to first make a draft division and submit it to the judge for approval. Whether it will be possible for the home to be allocated to you without the interests of the children being compromised will mainly depend on whether you can provide security for the children's share in the home when the home is allocated to you. Regarding the declaration of inheritance (vve) I note that this precedes the settlement/distribution of your ex's estate. Based on the above, the vve should report that your children are the heirs and that you act as their legal representative as long as the children are minors.

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