How to file for division of property. Drawing up a lawsuit: sample. How does the court act in such matters?

Marital property is property and property acquired during marriage. It does not matter which spouse is the owner.

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Property is divided in equal parts. There are exceptions to their rules. without divorce is not uncommon. However, the procedure is no easier than after a divorce.

Causes

There may be several reasons for the division of property between spouses during marriage:

protecting the interests of spouses in the future;
distribution of obligations for property maintenance;
the presence of debts from one spouse (the second can retain part of the property if the property is seized).

Timely distribution of owned items can prevent problems with the division of property in the future.

What does the law say?

The agreement is aimed at the division of specific property, for example, an apartment. The rest is not taken into account.

The advantages of the agreement are:

no need to notarize;
the agreement can be written after the divorce;
registration in written arbitrary form;
drawing up several agreements for one object.

The agreement on the division of property in 2019 must indicate:

personal data on the passport (full name, place of residence);
form of relationship (married, divorced);
subject of the contract, definition of property;
things (values) that become the property of the spouses;
date of agreement and address;
signatures of the parties.

Additional conditions must be included when dividing the mortgage (division or re-registration).

The agreement will be invalid if:

lack of registration with the Federal Registration Service;
the written property is not subject to division legally;
deterioration of the situation of one of the parties;
violation of the interests of children;
incapacity or limited legal capacity of one of the spouses;
incorrect drafting of the agreement from the legal side.

To minimize the likelihood of an agreement being declared invalid, it is recommended that you carefully draft it.

Through the court

Without children and other important circumstances, the court divides the property of the spouses in half. If one party receives a share that exceeds the value of the second's share, the court orders payment of compensation to the second party.

Filing a claim is sometimes the last decisive step for those spouses who tried, but were unable to reach a compromise regarding the division of joint property. Most often, this process is associated with many misunderstandings and disputes - who owns what, who gets what. And only the court can dot the i's.

Before you begin the long and troublesome trial, spouses need to analyze the situation, assess their chances for a successful outcome of the case, think through their actions, and inquire about procedural procedures. This article is dedicated to everyone topical issues filing a claim for division of joint property.

What can be shared and what cannot

During family life Husbands and wives acquire many different types of property. First of all, you need to find out which property can be divided and which cannot be divided.

The Family Code of the Russian Federation determines that everything acquired by a husband and wife during marriage is joint property. These include salaries/pensions/scholarships, apartments and houses, vehicles, cash savings, and household items. It does not matter who acquired the property, whose money was spent on it, or in whose name the property was registered - it is all shared.

The only exception is personal property - it is not divided. Personal property includes everything purchased before marriage, as well as all property given as gifts and inheritance, even if the gift or inheritance occurred during the marriage. Personal belongings (clothes and shoes, hygiene items, etc.) are also not shared.

Property that was purchased for minor children (toys, clothing, school supplies, sports equipment) is also not divided.

You can read more about this in the articles " and " ".

When to divide joint property?

Family law does not establish requirements for the period of separation joint property. Property can be divided both during a divorce and after the divorce procedure is completed.

But, as practice confirms, it is better to do this as soon as possible. And there are good reasons for this:

Firstly, the more time passes after a divorce, the less convincing any evidence becomes: checks or receipts are lost, witnesses forget important details their testimony, life circumstances change and arguments weaken.

Secondly, inflation, wear and tear, depreciation. During a divorce, the market value of the property is assessed. The more time passes after this, the more it loses value.

Third, statute of limitations. 3 years after the divorce, filing property claims against the spouse will be difficult.

Fourth, the duration of the legal process of division of property is several months, and if deliberately delayed, even longer. The longer the issue of property division is postponed, the more time will pass before the property dispute is resolved.

Fifthly, there is a risk of dishonest behavior of the spouse (for example, carrying out illegal transactions with common property before its division). The conscientious behavior of the spouse may also work against him (for example, the court may not take into account the repayment of a loan made after a divorce before the division of property and debt obligations).

When to file a claim for division of property

It is clear that you should not delay too much with the start of the division process. But what time frame is provided by law for this?

In family law (clause 7 of article 38 of the RF IC) it is established for filing a claim for the division of marital property. It is three years. True, it does not specify at what point the limitation period begins. But Article 9 of the RF IC, dedicated to deadlines, refers us to the norms of civil legislation, in particular, to paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, according to which the period during which a claim for the division of marital property can be filed begins from the moment the plaintiff learns of the violation of his rights by the defendant. This is also indicated by the resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 of November 5, 1998.

Thus, the three-year limitation period begins not from the date of divorce, but from the day when one co-owner learned of a violation of his rights by the other. This can happen many years after the divorce, if there are reasons for it.

Is it possible to file a claim for division of property after a divorce?

So, the law allows you to go to court with a claim for division of property...

during marriage;
simultaneously with the divorce process;
after a divorce, and not even immediately, but many years after the dissolution of the marriage, if the 3-year statute of limitations is met.

It often happens that spouses mutual agreement divorced through the registry office - this procedure is faster and simpler than divorce in court. And after the divorce, sometimes after a long period of time, they divide the property acquired during married life. Sometimes spouses after a divorce continue to peacefully use the property acquired during the marriage (living premises, cars, furniture and equipment, land plot and a country house), and the reason for the division of property after a divorce may be abuse or violation of the rights of one of the co-owners by the second co-owner.

Example:

The Gordienko couple lived in marriage for many years, during which time they built a house in which they lived together with their adult children. When the divorce occurred, the former spouses did not go to court for the division of property, but made it themselves, “in words,” since they continued to live together in the house and use everything that they owned jointly. And only when the ex-husband decided to leave and rent out the half of the house he owned to his relatives, a dispute arose between the co-owners and the need to divide the joint property became obvious.

As mentioned above, a claim for division of property must be filed no later than 3 years after the plaintiff became aware of the violation of his rights to joint property.

The law does not prohibit filing a claim in court for the division of marital property even after a 3-year period has passed. But it also does not guarantee that a claim filed so late without good reason will be accepted and considered by the court.

The possibility of dividing property after a divorce, if more than 3 years have passed, depends on the grounds and reasons for such a step. If more than 3 years later the plaintiff learned of a violation of his property rights by a co-owner, ex-husband or wife, then the statute of limitations begins from the moment when he learned about such illegal actions. But if there were no violations of his property rights, he has no grounds for extending the expired 3-year statute of limitations.

Example:

The Antonovich couple divorced, but continued to use together the dacha plot, purchased during the marriage and registered in the name of the husband. Subject to the rules for sharing a dacha plot, there is no reason to divide it after 3 or more years. It’s another matter if the husband decided to sell the dacha plot registered in his name without taking into account interests ex-wife, who is a co-owner of the matrimonial property. At this moment, you can and should file a claim in court.

Claim procedure

So where do you start filing a claim? Applying to the court with an application for division of property is necessary if the spouses could not agree and divide the property by mutual consent. The judicial procedure presupposes:

Filing an application for division of property.
Making claims.
Presentation of evidence.
Trial.
Issuance of a judicial act detailed instructions to whom and what property is transferred.

Which court considers the division of property during a divorce?

The case of partition matrimonial property is considered either by a district (city) court or a magistrate’s court.

The magistrate's court is considering a claim, the price of which does not exceed 50 thousand rubles. Claims with a price exceeding 50 thousand rubles are considered by the district (city) court.

The case on the division of marital property will be within the jurisdiction of the district (city) court even if the value of the claim is less than 50 thousand rubles, but the claim also contains other claims that are subject to consideration in this court (for divorce, for determining the place of residence of the child , on the collection of alimony).

The value of the claim is the value of the joint marital property that the plaintiff claims during division in court. The price of the claim also includes the amounts of money to be recovered and specified in statement of claim– alimony, penalty (fine, penalty), debt.

By general rule a claim for division of marital property is filed at the place of residence of the defendant. You can submit an application at your place of residence if, in addition to a demand for division of property, the claim contains demands for divorce or collection of alimony.

Submitting documents to court

The result of its consideration depends on how legally correct, complete and detailed the statement of claim is, how well-reasoned the arguments and convincing the evidence are.

How to draw up a claim correctly?

The so-called “header” consists of the name of the court, details of the plaintiff and defendant (full name, place of residence), as well as the price of the claim;
Then follows the title of the document - “Statement of Claim for Division of Joint Property of Spouses”;
The main part of the claim includes information about...

date and place of marriage and divorce;
minor children born in marriage;
whether the division of property took place previously, whether it was concluded Marriage contract or Agreement on the division of joint property;
list of property that is the subject of the dispute (name, location, specifications, distinctive features, date and place of acquisition, ownership - personal or joint);

Reference to legal norms on the procedure for dividing joint property (Article 39 Family Code RF);
Claims for division of joint property:

divide property in equal or unequal shares with justification of the reasons for the inequality of shares - living with minor children, incapacity for work;
a list of property that the plaintiff intends to receive into his ownership and property that he proposes to transfer into the ownership of the defendant;
the amount of compensation if the property cannot be divided equally in kind;

Date of filing the claim;
Plaintiff's signature.

In addition to the statement of claim, you will need to submit:

passport;
documents on marriage and divorce;
documents on the birth of common children;
documents confirming the presence of common property: copies of technical passports for cars, extracts from the Unified State Register of Real Estate for real estate, purchase and sale or contract agreements, checks and receipts;
documents confirming the exclusion of property from the general composition;
other documents;
Receipt of payment state duty. The amount of state duty is calculated based on the value of the claim (the total value of the joint property).

State duty

When filing a claim for division of marital property, a state fee is paid. A document confirming payment must be attached to the statement of claim. Due to the absence of such a supporting document, the claim will remain without progress, and if a check or receipt for payment of the state duty is not attached within the prescribed period, the court will return the statement of claim.

The amount of state duty is calculated based on the price of the claim - the value of the property and the amount of money collected that the plaintiff claims in a divorce (usually half the total value of the property). The special formula by which the state duty is calculated is set out in Art. 333.19 of the Tax Code of the Russian Federation. It consists of a fixed amount and an interest rate.

You can read more about calculating the state duty in the article, and if you have any questions or need help, contact free consultation to our lawyer.

Since the amount of the state duty can be quite impressive, it is possible to defer payment, installment plan or reduce the amount of the state duty.

Trial and judgment

During the consideration of the case, the court listens to the arguments of the parties, considers the evidence provided, and, if necessary, ensures the protection of property by seizing and prohibiting the alienation of property, and appoints an independent assessment of all the property of the spouses or a certain part of it.

There is an established judicial practice of considering claims for the division of marital property, based on the norms of family law (Articles 34, 37-39 of the Family Code of the Russian Federation). In the vast majority of cases, the court divides everything equally. And if an equal division is not possible, then the spouse who receives the largest part must pay monetary compensation the second spouse, who is left with a smaller portion.

In exceptional cases, an unequal division is possible. One of the spouses may receive a larger share in such cases as sole upbringing and maintenance of common minor children, dishonest and misappropriation of funds family budget second spouse.

When determining what property will go to each spouse, the court takes into account factors such as type of activity, living conditions, place of work, level of income, state of health, and so on.

Example:

Two years after the divorce, citizen Orlova filed a lawsuit for division of the car. The car was purchased on credit by her ex-husband, citizen Vasiliev, even before marriage, but during her married life, the balance of the loan was paid from the family budget. In addition, after the accident, the car needed to be restored, for which family funds were also spent. After the divorce, the couple agreed to share a car, but since a year later Vasiliev moved to another region, fulfilling the agreement became impossible. Later, Orlova learned about the unhindered sale of a car registered in the name of her ex-husband and filed a lawsuit for division of property. Having considered the claim, having studied the documents presented by the plaintiff (loan agreement, bank statements and receipts, administrative protocol, expert assessment of car damage, receipts for the purchase of spare parts, agreement on maintenance and repair of the car), the court decided to oblige Vasiliev to pay ex-wife half of the proceeds from the sale of the car.

Settlement agreement

Even during the trial, spouses still have the chance to divide the joint property at their own discretion. They can conclude - until the judge leaves the courtroom to make a final decision in the deliberation room.

If the court is satisfied that Settlement agreement concluded voluntarily, its terms do not infringe on the property rights of the husband or wife, he approves it by his decision.

Enforcement proceedings

If the division of property occurred simultaneously with the dissolution of the marriage, the spouses must register this act with the registry office and obtain a divorce certificate.

Next, they will have to take ownership of the awarded property and register the right to real estate. If one of the spouses obstructs the execution of a court decision, it is necessary to apply for compulsory recovery of property.

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And this period is 3 years(Part 7, Art. 38 SK). This means that property claims of spouses against each other, as well as property claims of creditors, can be presented during the specified period.

In practice, the issue of application and calculation of the limitation period raises a lot of difficulties. The dilemma lies in determining the moment from which the countdown should begin: from the moment of divorce or from the moment of infringement of the rights of one of the spouses to his part in the common joint property. The Code does not contain such clarifications.

By Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 of November 5, 1998, an attempt was made to clarify the resolution of the problem. According to the document, the limitation period for the division of property of former spouses, which is joint property, should be calculated from the moment the person became aware or should have become known about violation of his rights, and not from the date of divorce.

What is considered a violation of the right of one of the former spouses to joint property?

By ruling of the Supreme Court of the Russian Federation No. 4-B05-49 dated January 17, 2006. It has been established that if, after a divorce, the former spouses continue to jointly use common property, then the limitation period begins from the day when one of them commits an action that prevents the other spouse from exercising his rights in relation to the joint property (for example, alienation is made (sale or donation).

Violation of the rights of the former spouse The following can be considered joint property:

alienation as a result of a transaction of joint property that was in the possession of one of the former spouses;
restriction or obstruction of access to joint property;
dispute over the procedure for using joint property;
bearing the entire burden of maintaining the joint property by those of the former spouses in whose possession it remained.

One way or another, the decision on whether there was a violation of the rights of one of the former spouses is made by the court, and therefore the decision largely depends on the internal conviction and opinion of a particular judge.

You should be aware of the existence of a special statute of limitations. Thus, in the case of the acquisition of housing under an investment agreement during marriage, the statute of limitations for the division of said property will be calculated from the moment of registration of ownership for constructed housing, even if this registration will be made after the divorce.

Application of the statute of limitations for the division of joint property after divorce in practice

In practice, the situation with calculating the limitation period in cases of division of property of former spouses after divorce is as follows. For example, the division of the spouses’ property during the divorce was not carried out, and the apartment in which one of the spouses remained to live was jointly owned.

After a long time (and this can be 10 or 20 years), the second spouse declares to the first of his intentions to use joint property, which is refused. This is a violation of the right to joint property. AND only from now on by law can the statute of limitations begins to count according to the division of property. During the time during which the joint property was not used by the second spouse, it could be subjected to repeated alienation, both by the spouse in whose possession it was, and by its subsequent acquirers. A problem arises: transactions made in relation to joint property, for example, for 10 or 20 years, must be declared invalid.

Skipping the statute of limitations for the division of property of former spouses

For one reason or another, the statute of limitations for the division of joint property may be missed by the former spouses.

The general rule states that missing the statute of limitations deprives a person of the opportunity to demand restoration of his violated rights, in this case the right to demand the division of joint property.
However, in exceptional cases, if there are good reasons relating to circumstances relating to the personality of the plaintiff (in connection with serious illness, illiteracy, helpless situation, etc.) the court has the right restore the deadlines limitation period (Article 205 of the Civil Code of the Russian Federation - hereinafter referred to as the Civil Code).

Only those reasons for missing the limitation period that occurred during the last 6 months of the limitation period or that were observed for 6 months or less during the running of the limitation period can be considered valid.

The decision on the validity of a particular reason, which may become the basis for reinstating the statute of limitations, is made by the court. Clear criteria, allowing one or another reason to be classified as valid, not in the legislation.

The procedure for dividing joint property by former spouses

The Family Code provides two possible options division of property for already divorced spouses.

The first of them is a peaceful resolution of the issue through the conclusion of a voluntary agreement;
The second option is the division of property by the court based on the claim of one of the spouses. It is used if it is impossible to resolve the issue peacefully and if there are disputes regarding property.

Voluntary procedure for dividing property of former spouses

The voluntary procedure for the division of property involves the drawing up by former spouses voluntary agreement- an agreement that will clearly define what property goes to whom and in what amount (part 2 of article 38 of the IC). Contrary to the general rule of equality of shares of spouses in joint property, determined by law, an agreement on voluntary section property can divide property between spouses not in equal parts. The main thing is the voluntary consent of the former spouses to such a resolution of the issue.

An agreement on the division of common property of former spouses is an official document, however, it does not require notarization. The document can be certified by a notary at the request of the parties.

Judicial procedure for dividing property of former spouses after divorce

The issue of division of property between former spouses can be resolved and judicially. This option is possible in case of a dispute between the parties(Part 3 of Article 38 of the Criminal Code). The court determines which of the former spouses owns what specific property. Based on the general rule, the division of property occurs on the principle of determining equal shares (50/50), however, the court may, at its discretion back off from this, taking into account the interests of the couple’s minor children or the noteworthy interests of one of the spouses (Article 39 of the Family Code).

Statement of claim for division of property

Spouses can defend their demands for restoration of the violated right to joint property by going to court. This appeal is formalized in the form of a statement of claim. The statement of claim must not only be legally competent, but also correctly executed. The requirements for filing a statement of claim are contained in the regulations Civil Code RF (Article 131 of the Civil Code).

Filing a claim

The statement of claim is drawn up on an A4 sheet, usually in printed form. In the upper right corner of the sheet, in the so-called “header,” it is indicated to whom (to which court) the application is addressed, followed by the personal (full name) and contact (address, telephone number) information of the plaintiff and defendant, and the price of the claim. After - in the center of the document - its name is indicated, namely “ Statement of claim for division of property of former spouses».

The text of the statement of claim must be logically correct, consistent and structured. The document contains:

the plot of the issue (the date of marriage, the date of its dissolution, the essence of the dispute);
a description of the circumstances that prompted the plaintiff to go to court (with appropriate argumentation);
the essence of the violation or threat of violation of the rights and legitimate interests of the plaintiff;
the plaintiff’s request to resolve the issue of division, addressed to the court outlining his vision of the final result.

The application ends with the signature of the plaintiff and the date of its preparation. To the statement of claim Attached is a package of documents, confirming the presence and value of the spouses’ property, a document confirming payment of the state duty, copies of the application for the number of participants in the process and other documents.

Procedure for filing a claim

As a general rule, a statement of claim for division of property is filed to the court at the defendant’s place of residence. If real estate is subject to division, then you should go to the court at the location of the property.

The amount of the state fee for filing a claim for division of property of former spouses

Payment of compensation upon division of property of former spouses

In the event that one of the spouses, by a court decision, is transferred property, the price of which significantly exceeds the spouse’s share in the common property, the other spouse may be awarded monetary or other compensation his shares in the said property.

The basis for awarding compensation is the second spouse’s expression of desire to receive compensation for part of the property transferred into the possession of the second spouse.

Compensation may be made:

in monetary terms(50% of the value of the transferred property);
in another form, for example, through the provision of various types of services, payment of bills, transfer of ownership of other property, etc.

Things acquired during marriage to meet the needs of minor children are transferred to the spouse with whom the children’s place of residence is determined. In this case, compensation is not provided to the second spouse. The same applies to deposits made in the name of minor children.

Questions from our readers and answers from a consultant

My husband and I have been married for 12 years. We have reached a consensus regarding almost all the property and have no claims regarding its division. At the same time, the apartment and car remained in my use, and the dacha and row household appliances and electronics - used by her ex-husband. 2 years have passed since the divorce. Today, my ex-husband has a need to use the car that is in my use. I also need a car. We decided to go to court for division of property. Please tell me how the car is divided after a divorce?

According to the legislation of the Russian Federation, a car is considered indivisible property, therefore, the allocation of a share or part of the property in kind is impossible. The following options for resolving the issue of car division are possible:

the car remains with one of the spouses, for which the second spouse receives the right to other property;
the car is awarded to one of the spouses, who is obliged to pay monetary compensation to the other for its part. (In this case, the court makes a decision about who to award the car based on its own opinion and the circumstances of using the car, for example, based on which of the spouses used the car more often);

the court decides to sell the car and divide the proceeds equally between the former spouses.

How and by whom is the price of a claim determined in a case of division of property of former spouses?

The price of the claim is determined by the plaintiff and is indicated by him in the statement of claim. It is a reflection of the total value of all joint property subject to division at the time of going to court. If the defendant agrees with the value of the joint property indicated in the claim, the court, when making a final decision on division, is based on the specified value. If the parties do not have a common opinion regarding the value of the property, such value must be confirmed by any available legal means, including providing the court with documents confirming the value of a particular item (checks, invoices, etc.) and conducting a merchandising examination.

The absence of documents in the case confirming the value of the divided property may become grounds for appealing the final decision in the case.

Divorce is a complex process involving several types of relationships. The material side, as a rule, is of great concern to former spouses, and it can be difficult to agree on the distribution and division of property after the end of the marriage. If there was no marriage agreement (this practice is not yet very widespread in Russia), then there are two ways out of the situation: a voluntary agreement on the division and going to court. Not everyone can reach an agreement, and then the court has to determine how to distribute property after a divorce. To do this, you must first file an appropriate claim for division in court. In order to clearly substantiate your demands, present reasonable demands and submit a statement of claim that complies with the law, and carry out the division of property, you need to know the general rules of the law.

What property is subject to division?

The general rule is that acquired property is subject to division during marriage, and it does not matter who, the husband or wife, actually received cash, whose name is on the documents. Housekeeping is also recognized as a contribution to creating the material base of the family. And when dividing, the court must proceed from the rule that both husband and wife have the same rights.

Before filing a claim, you should decide on the list of joint property, what can be claimed, and what is the personal property of each.

The law has a clear list of things that are not subject to division after divorce:

Things that each person acquired before marriage.
Property that came into the possession, albeit during marriage, but to a specific spouse, without the participation of the other party, that is, was donated, received as an inheritance, or other gratuitous transactions became the basis for the acquisition. However, if during the period of marriage, due to common funds, or through the efforts of the other party, significant improvements have been made to the condition of the thing, it is also subject to inclusion in the list of joint property.
Personal items: clothing, care and hygiene products, unless they are also jewelry or luxury items.
Copyrights, patents and similar rights related to intellectual activity.

Children's belongings, as well as savings and bank accounts opened in the child's name, are not subject to division. This property always remains with the parent with whom the child will live.

You cannot apply for division of property acquired after the actual termination marital relations. After all, an application for division of joint property is not always submitted immediately after a divorce, and the latter often occurs when the spouses have not lived together for a considerable time. Of course, all these facts need to be proven; you can bring in both documentary evidence and witnesses. But this is often a rather complicated process, so many lawyers advise not to delay solving the problem and, if possible, to file for division of property immediately after the divorce.

The debt obligations of the parties are also subject to division. This is something to keep in mind before filing a claim and take this into account when formulating your claims.

Where to file a claim

It is worth noting that division of property is possible not only after a divorce, but also during a marital relationship. There are often cases when cases of divorce and division of joint property are considered simultaneously. It is also possible to determine shares in property acquired during actual marital relations, which were not officially registered, but this is another category of relationships, not related to the section of jointly acquired property.

Division of property after divorce is possible, as a general rule, within three years after the date of divorce. That is, you can file a claim only during this period, then the claim will be returned. However, if one of the spouses hid any things, then the statute of limitations (and therefore the period to file an application) is counted from the date when the second spouse learned of its existence.

Cases on the division of property between former spouses are considered by the courts general jurisdiction. The magistrate needs to submit an application for division only if the value of the property is up to 50,000 rubles. If the value of the disputed property exceeds this amount, the dispute is subject to the jurisdiction of a district or city court. The application must be submitted to the court in the area in which you live. ex-spouse. Exceptions are made only for disputes about real estate. Then, for convenience of consideration, the claim for division should be filed in court at the location of the property.

Each of the former spouses can file for division of property after a divorce.

How to file a claim and correctly file for division of joint property

To submit a valid claim, you must include the following details:

Full name of the court. To find out exactly which specific court a claim for division should be filed in, you can consult the court department or find publicly available information on the Internet.
Data of interested parties, it is necessary to indicate the actual place of residence so that subpoenas arrive on time, it is also advisable to indicate other types of communication, telephone, etc.
List of property with full name and value. It can be made an appendix, a separate document to the application for division, and submitted along with it, so as not to overload the application.
A request for the division of property, and in what shares, how this division should be made.
Factual data when the marriage was concluded, when it was dissolved, on the basis of which such distribution of property is proposed. It is better to present only specific data, without large descriptions that are difficult to delve into. To submit a competent application for division means to clearly formulate the requirements, without personal details.
The total value of the property that the plaintiff wants to receive as a result of the trial is the cost of the claim.
A document that confirms the fact of payment of the state fee.
List of attached documents. It is imperative to attach a copy of the application itself and all significant documents: marriage certificate, divorce certificate, all evidence, justifications, calculations.

It is also necessary to determine the value of the property in order to pay the state duty. Before filing a claim, you must pay a state fee; without this, the application will not be accepted. The amount of the state duty, in accordance with current legislation, directly depends on the size of the requirements. But, in any case, the duty cannot be more than 60,000 rubles. It is paid at the Savings Bank, the cashier issues a payment document.

A special valuation organization can calculate the value of the property, then there will be a conclusion on the valuation, this is especially true for expensive things, such as a car, an apartment. Or the party can do it themselves, simply attach checks, purchase documents, contracts. If there are disagreements, the court may order an examination to determine the actual value. Also, the defendant can petition the court to conduct such an examination if the cost of things determined in the application for division by the other party seems to him to be too high, and he can justify this fact.

It is important to remember that all circumstances referred to by each party must be officially confirmed and proven. Gathering evidence is the responsibility of the party; the court can only help and send requests to any government bodies where it is impossible to obtain an answer on its own.

The division of property after a divorce is a long, costly and complex process; it can last up to several years to determine shares and compensation for undivided property.

In order to competently draw up a claim, file for division of joint property, and most importantly, formulate requirements, you need to first study legislative framework. That is why this is the type of dispute where they most often resort to the help of lawyers and attorneys. It's not just a matter of correct design documents, evidence, and also in the fact that experts know the law enforcement practice in cases of division, that is, how specifically the courts consider such cases of division, what to focus on and what to prepare for in trial. Lawyers will help you file a statement of claim, substantiate your position, collect evidence, and carry out the division of joint property, taking into account the interests of the parties.

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How to correctly divide property is one of the most important issues facing a married couple during a divorce. IN in rare cases it turns out to come to an agreement without conflicts. If this problem cannot be resolved in a coordinated manner, it becomes necessary to go to court.

There are the following options for deciding on the division of property:

Negotiated – a peace agreement is concluded;
Judicial.

It is necessary to go to court if the divorcees have not agreed on how to divide the property themselves. In this situation, one party who does not agree with the other's division plan must file a lawsuit in court. This option is more costly and time-consuming than concluding a peace agreement, but helps resolve conflict situation. A claim for divorce must also be considered in court if there is a child.

It is important to know where to file for division of property. The application to the court is given at the location of the defendant. If the claim includes real estate, then the application is submitted at its location. If there are several objects located in different localities, an application can be submitted at the location of any one.

Applications worth up to 50 thousand rubles. considered by the magistrate. Claims with a higher cost are filed in courts of general jurisdiction of constituent entities in Russia.

Division of property during divorce and after divorce - statute of limitations

Most often, the division of property is carried out simultaneously with the divorce process. But it is not uncommon for a lawsuit to be filed after a divorce. For such cases, there is a statute of limitations of 3 years. During this period, you can file a claim and divide the property through the court. The period can be extended if there are valid reasons provided for by law.

How to divide property without divorce

If a married couple does not plan to divorce, but there is a need to delimit ownership rights between them, you can choose one of the following options:

Marriage contract - the best way divide property in marriage. It will take an hour to sign it with a notary. It is very important to compose it correctly. A lawyer will tell you how to draw up a document so that the rights of the husband and wife are not violated;
An agreement drawn up regarding a specific piece of property is a convenient document for dividing real estate. For example, when buying an apartment, the husband contributes 80% of the cost of housing, and the wife 20%. By drawing up an agreement and dividing their shares in a ratio of 8:2, you can easily resolve the issue of this property in a divorce;
Application for division of an apartment - submitted by husband or wife when controversial issues when one of the parties claims its part in it.

What is the deadline for filing for division of property?

Submission of documents is carried out:

In the process of living together in marriage;
During a divorce;
For 3 years after divorce or violation of the rights of one of the parties.

Limitation periods

According to paragraph 7 of Art. 38 of the RF IC, a statute of limitations of three years applies to property claims. It begins from the moment one party violated the other's rights to property.

Such violations may be associated with:

Independent alienation of common property without the permission of the other spouse as a result of transactions related to exchange, donation, sale;
The inability of one of the parties to access common property due to obstacles arising due to the fault of the other;
The emergence of disputes regarding the use of common things.

The judge assesses the violation of rights, and the decision may depend on his internal beliefs.

The statute of limitations may be temporarily suspended if the injured party was unable to defend its rights at the trial for good reason. The list of such reasons is prescribed in Art. 202 of the Civil Code of the Russian Federation.

Application for division of property, sample

The application must clearly formulate the requirements and include:

Full name of the judge/name of the court;
Full name of the plaintiff, residential address;
Full name of the defendant, his place of residence;
Amount of claim;
Date and place of marriage registration;
Information about the beginning of separation;
Data on whether the defendant agrees to the divorce;
Information on the number of children, their ages, with whom they will live after the divorce.

The main part states:

Reasons for applying;
Plaintiff's evidence;
Request for division of property of a married couple;
Signature and date.

In the text, the plaintiff describes in detail what property is included in the total assets, forms and substantiates his claims.

In addition to the application, you must prepare the following documents:

List of common property, its value;
Papers that confirm the right of ownership;
Receipt of paid duty;
Divorce certificate;
Marriage certificate;
Papers about the birth of children, certified by a notary;
Passport.

Additional information about the statement of claim can be found here.
You can download it below.

Claims and disputes

After submitting the application, preparations for the consideration of the case take place and evidence is collected.

The procedure for considering a case in court usually occurs in the following order:

Determination of the total cost of the claim, preparation, collection of evidence;
Division of property according to the principle of equal shares;
Clarification of the circumstances, if necessary, the allocation of unequal shares;
The court's decision.

The basis for resolving substantive legal issues in court when resolving disputes is the Family Code (FC) of the Russian Federation.

Civil law applies to family issues not regulated by the UK. Resolution Supreme Court Russia No. 15 of November 5, 1998 clarifies some of the rules for the division of property of the Family Code.

In order for property disputes to be resolved fairly, all aspects must be taken into account. A lawyer will help you defend the rights of your wife or husband in court.

What property is divided

Not all property acquired by a couple during marriage will be divided equally between them after marriage. The law divides property into:

Personal, not subject to division after;
Jointly acquired property is divided among the divorced.

The division does not depend on to whom the jointly acquired property is registered and who earned more; the main fact for the division of property is that it was acquired during marriage.

According to Art. 39 of the Family Code, joint property is divided in half between divorcees. Arbitrage practice shows that in most situations the court makes an order to allocate equal shares to each spouse. Even if someone in a married couple did not earn money for a good reason (caring for children, taking care of the household), he will receive his half of the property. The division of property registered in the name of one spouse also occurs on the principle of equality of shares.

But there are exceptions in civil cases: under certain circumstances, it is possible to increase the share of one of the parties.

Increasing the spouse's share when dividing property

The reasons for the increase in the share may be:

Living with children who have not reached the age of majority;
The presence of severe or chronic diseases, especially those related to the performance of family responsibilities. For example, in order to earn money for housing, the husband was forced to work several jobs, which is why he acquired chronic illness, which now requires expensive treatment;
Fulfillment of debt obligations by only one of the spouses.

Reducing the spouse's share

Reasons that reduce the spouse's share may be:

Failure of the husband or wife to receive income, evasion of employment if they have the strength and opportunity to work;
Negligent attitude of one of the parties towards the common property, which led to its damage, depreciation or loss;
Concealing expenses that were not used for the benefit of the family;
Alcoholism, drug addiction or immoral behavior that caused family debt.

Debts upon division

During a divorce, not only jointly acquired property is divided, but also debts. Common debts are:

Obligations in which both spouses are borrowers. Examples of such loans: husband and wife are co-borrowers on the loan, or one of them is the borrower, and the second is the guarantor;
Debts of one of the spouses, with the condition that the money received from it was spent on family needs.

In the second case, there are often controversial situations. You can prove that the loan was taken for family needs by presenting documents for purchased items or a voucher. It is more difficult to prove that the loan money was not spent on the family. Evidence may be income statements, bank statements, or other information.

There are situations when a loan is taken after the end of a relationship. In this case, the second spouse needs to prove the actual termination family relations before debt arises.

In Art. 38 part 4 of the RF IC states that if the spouses at the time of receiving the loan did not run a common household and did not live together, then only the spouse who took it will pay the debt.

How is property divided if there are children?

In a marriage with children, the procedure for dividing property differs slightly from the court process without them. There is no share of children in the joint property of the spouses, since they do not have the right to the property of their parents. The exception is those things that were bought specifically for the child and which he constantly uses.

Furniture items;
Kids' things;
Books;
Toys;
Instruments for music lessons;
School materials;
Tools for sports.

These supplies go to the parent with whom the child will live. Things and possessions registered in the name of the child remain with him, are not divided between the parents and are not compensated.

The presence of minor children may influence the judge's decision to increase the property of the spouse with whom they remain. But such a decision is more the exception than the rule.

It may be adopted to protect the rights of the child. But, if the second parent is obliged to pay child support, then most likely the property of the divorcing couple will be divided in half.

Property that is not divided during divorce

Non-common property that is not divided during a divorce includes:

Things and possessions received before marriage;
present;
inherited items;
property received through gratuitous transactions;
things for individual use: clothes, shoes, Jewelry, with the exception of luxury items and jewelry;
the right to receive results from intellectual work.

Agreement on the division of property, how to draw it up correctly

Property division it will go faster and it’s easier if the divorcees agree among themselves and write down the agreements reached on paper, certified by a notary.

The conclusion of a peace agreement relieves the parties from paying state fees when dividing property.

The property division agreement includes:

Date and place of detention;
Full name of the spouses, their place of birth, passport details;
List of divisible property;
The ratio of the shares in which the division occurs (1/2, 1/3);
List of things that pass into the possession of the wife and husband;
An indication that the property is not subject to seizure or other restrictions;
Effective date;
Number of copies;
Signatures of the parties.

When dividing real estate, the agreement specifies its characteristics: square footage, floor, location. If a car is divided, then its number, make, and color are written down. The agreement can specify the division of common debts (loans, mortgages, etc.).

If real estate is divided, then the transfer of ownership or change in shares in ownership must be registered with Rosreestr, otherwise the division will not be considered officially formalized.

Hiding property from a spouse: how to identify it

Practice shows that the lack of agreement between husband and wife leads to conflicts. Against this background, an unscrupulous party may try to hide common property.

The most common ways are:

Concealment;
Registration for relatives and friends;
Sale of joint property without the consent of the husband or wife.

To avoid selling vehicle or other property before division by the court, these things are seized until a decision is made.

What to do if the property is registered in the name of another person

If the right of ownership is illegally registered in the name of another person, it is possible to file a new claim to challenge the fictitious transaction.

You will need to provide the following evidence:

Money for the purchase was taken from the family budget;
The owner did not need this item;
He did not have the financial ability to purchase it;
The items were used by family members, and the costs of maintaining them were paid from the family budget.

During the proceedings, it is worth suspending the case regarding the division of property, since the results of a new claim may affect the size of the shares received by the divorced persons.

Results

If the couple decides to divorce, then you need to consider the following tips:

To reduce waste of money and time, it is better to draw up a peace agreement certified by a notary;
If it is impossible to reach an agreement peacefully, it is necessary to file a lawsuit. To defend your rights in court you will need legal assistance;
It is better to divide property immediately during the divorce process, so that one of the parties cannot illegally carry out transactions with common property;
After the trial is over, it is necessary to preserve all documents in case the spouse decides to file a counterclaim.