The division of property already during divorce proceedings is possible only in special cases. The court may, at the request of one of the spouses, divide the joint property in the divorce decree only if carrying out this division will not cause undue delay in the proceedings. Otherwise, it will leave such a request unheeded.
According to the position of the Supreme Court, carrying out the division of the parties' joint property in a divorce judgment does not cause undue delay in the proceedings not only when there is no dispute between the parties as to the composition and manner of division of this property, but also when the clarification of the disputed circumstances between the parties, or such circumstances that the court is obliged to determine ex officio, requires the conduct of evidentiary proceedings to a limited material and temporal extent. The decision as to whether a party's request for the division of the joint property should be left unexamined in the event that carrying out such a division would cause an undue delay in the proceedings shall be included by the court, as the case may be, either in a separate order issued in the course of the divorce proceedings or in the operative part of the divorce judgment. It is not subject to separate appeal.
As a result, the division of joint property while divorce is granted will most likely occur only if you present the court with a consensual position, both as to the components of the property, their value and how they will be disposed of after the cessation of the marriage (example: if the only property of the spouses is a jointly owned house, and the spouses agree on its value, who is to become its sole owner and how the repayment to the other spouse will be made).
Otherwise, we will be able to claim the division of joint property only after the divorce decree becomes final. Such division will be able to take place before a notary public, in the case of unanimity of the former spouses, or before a court in non-trial proceedings when there is no agreement, or when the cost of drawing up a notarial deed proves too high for us.
