Common property of spouses in an apartment.

Most often this question arises during divorce proceedings and about cars, since when selling real estate registration authorities require notarized consent of the other spouse.

There are two ways to protect your rights: file a claim to invalidate the contract or demand compensation from the spouse (former spouse) for the sale of common property.

Let's consider judicial practice for each of the options.

1. Recognition of the contract as invalid.

Appeal ruling of the Moscow City Court dated July 4, 2014 in case No. 33-27090

D.L.D. filed a lawsuit against D.A.P. on invalidating the purchase and sale agreement N *** from *** brand car, concluded between D.A.P. and B., referring to the fact that the specified vehicle was acquired by the defendant during his marriage to the plaintiff, and alienated without obtaining the plaintiff’s consent.

The court of first instance, taking into account that the plaintiff, in violation of the requirements of Art. 56 of the Code of Civil Procedure of the Russian Federation, no evidence has been presented confirming that B., when purchasing the disputed car, knew or should have known about D.L.D.’s disagreement. for its sale, came to correct conclusion that the purchase and sale transaction of a vehicle, which was the joint property of the spouses, completed by the defendant during the marriage does not contradict the requirements of paragraph 3 of Article 253 of the Civil Code of the Russian Federation and paragraph 2 of Art. 35 of the RF IC, and therefore there are no grounds to recognize this transaction as invalid.

Taking into account the establishment of paragraph 2 of Art. 35 Code of Civil Procedure of the Russian Federation, paragraph 2 of Art. 253 of the Civil Code of the Russian Federation presumption of the spouse’s consent to the actions of the other spouse in disposing of common property, as a result of which a person entering into a transaction with one of the spouses does not need to check whether the other spouse agrees to the transaction, require the submission of a power of attorney from the latter, but should proceed from the fact of his consent , and also taking into account the fact that invalidation of a transaction made by one of the spouses related to the disposal of common property is possible at the request of the other spouse on the grounds of lack of necessary powers only if it is proven that the other party to the transaction knew or obviously should have know about this, the judicial panel considers the above arguments of the trial court to be correct.

At the same time, the court correctly took into account that D.L.D. is not deprived of the right to file an independent claim against the defendant to recognize the sold car as joint property of the spouses and to recover monetary compensation in her favor in the amount of half of it market value at the time of consideration of the case.

2. Collection of compensation. In this situation, the greatest difficulties arise in determining the value of the property sold.

It is no secret that in order to reduce monetary compensation as a result of the division of common joint marital property, the sales price of a car is reduced to purely symbolic amounts.

In practice, courts determine the value of a disputed car that is out of stock in accordance with the appraiser's report on the market price of a similar car with average characteristics (taking into account mileage and degree of wear). When making a decision, the court will be guided by the conclusion of the appraiser, and not by the purchase and sale agreement of a jointly owned car.

Appeal ruling of Moscow regional court in case No. 33-16458/2014

G.A., having specified his demands, filed a lawsuit against G.G. on the recovery of the cost of the share of the motor vehicle alienated by the defendant in the amount of 250,000 rubles.

In support of the requirements, he indicated that with<данные изъяты>he is married to G.G. During the marriage, a Hyundai Solaris car worth 500,000 rubles was purchased using joint funds. The defendant took possession of this jointly acquired property. During the marriage, the named car of G.G. was sold without his consent. The plaintiff did not know about the transaction and did not receive any money from the sale of the car.

the controversial car was sold<данные изъяты>after the actual termination of the marital relationship between the parties and as indicated by the plaintiff without his consent, in connection with which, the burden of proving the opposite, as well as the fact that the money from the sale of this car was received by the defendant during the marriage and went to the needs of the family, lies with G .G., who did not provide such evidence as indicated above.

As for the cost of the disputed car, the panel of judges proceeds from the cost declared by the plaintiff of 500,000 rubles, confirmed by the relevant act (case file 42), since the cost indicated by the defendant in her objections is not confirmed by anything.

Appeal ruling of the Moscow City Court dated May 30, 2014 in case No. 33-14228

Since the court found that the family relationship had actually been terminated since May 2011, and the Volvo car, produced in 2008, was sold to M.V. after termination family relations and without agreement with A.V., a Volvo car, manufactured in 2005, sold to A.V. in June 2011 (vol. 2 case file 82), that is, after the termination of family relations and without the consent of M.V., the court recovered from M.V. in favor of A.V. compensation for the sold Volvo car in the amount of rubles. (1/2 of the cost determined by Bureau of Independent Assessment and Expertise LLC in the amount of rubles as of April 2012 - vol. 2 pp. 50 - 53), with A.V. in favor of M.V. recovered compensation for the sold Volvo car in the amount of rubles (1/2 of the cost determined by Bureau of Independent Assessment and Expertise LLC in the amount of rubles as of the date of sale June 2011 - vol. 2 pp. 94 - 97).

Divorce results in ex-spouses having to decide how to divide what they have acquired over time. life together. And at least the following questions immediately arise:

In general, you can read more than one lecture on each of the listed issues. Many aspects are discussed in detail on the pages of the company’s website. In this article we will make a brief analysis of the main points of these problems.

Each of the former spouses always acts in their own interests

And this is reasonable and normal. It is worth considering that the property interests of the former spouses are opposite. That is, if one person benefits from a speedy division, then another, on the contrary, benefits from delaying it. Everyone has the right to care only about their own interests and benefits. If delaying the division of property benefits you, you have every right to use any measures to achieve your result. No one can punish you for this.

If your case is an exception to of this rule, consider yourself lucky. But it might be worth considering the following: no one will provide you with guarantees that the other party will not change their mind.

Is it possible to save on paying court fees when filing a claim, and if so, how? The answer is yes, there is a whole range useful solutions: master class from Inyusta lawyers.

The court resolves civil cases with the goal of establishing formal (rather than objective) truth. This means that the winner is the one who presents more significant evidence, who knows the law and dynamics better trial, and not the one who is right “humanly” or evokes sympathy. This is the principle of adversarial behavior of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.

The division of property through the court makes up the majority of court cases among lawyers and attorneys family issues. The need to specialize in these cases and deal with them professionally is caused by the complexity and imperfection of both family and procedural legislation. Conflict, the very fact that people are “at different sides barricades” lead to the parties using mistakes and gaps in legislation to their advantage. A lawyer must know (predict) the nature and type of abuse, think through countermeasures, or also use inaccuracies in the laws in the interests of his client.

Family disputes are also characterized by the fact that former spouses take advantage of each other’s weaknesses, which they became aware of when there was mutual trust between them. We are talking about psychological influence on an opponent with the goal of saying too much “out of emotion” and making a mistake. This is another reason to seek help from a professional who relies on sound judgment and knowledge of the law.

A timely and correctly filed claim, painstaking work in court - this is what is needed for the result - a court decision in your favor

Section by mutual agreement is formalized by a special transaction called an agreement on the division of property. Such an agreement can be concluded at any time after the divorce (in some cases, also before or upon dissolution of the marriage).

In addition to the above, it is worth noting another option for resolving property issues of spouses - by concluding marriage contract. This transaction can be concluded before the legal registration of divorce. Marriage contract has a number of advantages and disadvantages.

What happens if you don’t divide your property?​

Everything acquired during marriage has a special status - the common joint property of the spouses.

The law does not prohibit maintaining this property regime after a divorce. To simplify, we can say that until the division is made, the property remains common. The parties can file a claim or enter into an agreement on this property after a year, and after 5 and 10 years.

In 2019, however, it is advisable to take into account the following circumstances.

Firstly, after 3 years, one of the parties may declare that the statute of limitations has expired when filing a lawsuit with a demand to divide things.

Secondly, this form of ownership was developed specifically for the convenience of people living together, operating in Everyday life by mutual agreement and for the benefit of each other. Such co-owners are, as it were, at the same time complete owners of things, and therefore each of them has equal right use (benefit), dispose of (let another person use it, pledge it, sell it) and own it. If you trust your ex-spouse or ex-wife, you can leave everything as it is and not share what you have acquired - until better times (option - until the relationship deteriorates or changes qualitatively in some other way). Many people are happy with this option.

But for many, uncertainty makes them feel uncomfortable and nervous. And it’s true, how can you remain indifferent if one day you unexpectedly meet in your (but still shared) apartment new wife(husband) former second half! After all, the i’s are not dotted, which means that everyone does with the apartment what he sees fit (in our case, he moves in whoever he sees fit).

More information about the actions of our lawyers when conducting a case:

When conducting a case in court, we:

• Let's look into the details of the case and evaluate possible risks and we will advise you on the prospects of the case.
• Let's compose statement of claim, and a counterclaim (if you are a defendant), we will provide explanations on the case.
• We will provide assistance in collecting evidence or collect it ourselves, secure the evidence, initiate an examination, alternative examination, or property assessment.
• We will submit documents to the court of appropriate jurisdiction, and speak in your defense at preliminary and court hearings on the merits in courts of all instances.
• Let us present objections regarding the argumentation and evidence of the opposing side.
• We will make sure that your position is properly reflected in the procedural documents.
• We will submit petitions and statements necessary to conduct the case and protect your interests.
• We will appeal court rulings made during the case if they violate your rights.
• We will receive a court decision performance list and we will transfer them to you and carry out enforcement proceedings.
• If you have previously turned to an unqualified lawyer and the decision has already been made, but you are not satisfied with its content, we will appeal it to the court of appeal, cassation and supervisory authority.

The world section includes the following work:

• We will draw up a draft settlement agreement.
• Let's consider the already drawn up draft agreement, transactions and their options and provide recommendations on their signing/non-signing.
• We will register the transfer of rights to real estate in the state. authorities, we will receive certificates of title and pass them on to you.INUSTA

  Tax authorities, arbitration courts, MAP, a number of other government agencies. bodies are specific regulators in the implementation of entrepreneurship. Handling them requires knowledge large number regulations, features of procedures. Our specialists have extensive experience in communicating with government data. bodies and in the best possible way will represent your interests.

After going through the court, the property of the spouses can be divided in equal shares, unless otherwise agreed in advance. It is worth knowing that a marriage that has not been officially registered does not imply the presence of common movable and immovable property, and therefore its division.

Ownership of joint property

Adjustable property relations according to the Civil Code. Articles 244 and 256 of this legal act clearly define the property of spouses. This includes:

1. What was acquired in marriage.
2. That which was acquired from general revenues.
3. Savings received from income, pensions, penalties, benefits and other monetary payments.
4. Securities and documents.
5. Units and interests in business and other activities.

A sale is not possible until the spouses have discussed or established in court which of them owns this or that property after the divorce. If the sale is intended by one of the married spouses, then consent of the second spouse is required for manipulation (it is not necessary that this consent must be certified by a notary).

An exception may be the separate ownership of one or another property. For example, if one of the spouses makes a transaction for the purchase and sale of property, then it is understood that he is acting on behalf of both spouses. Consents, in writing a second spouse is usually not required. The exception is real estate.

Types of property manipulation

Conventionally, all manipulations with property that is in common ownership can be divided into three types:

1. Daily small transactions (purchase of food, household supplies).
2. Household transactions (purchase of new pieces of furniture).
3. Something that goes beyond household expenses (this means significant expenses for new property, such as a car or apartment).

The latter manipulations often imply availability of consent (signed by a notary) of the spouse, who is not the initiator of the transaction.

There are situations when a spouse who disagrees with the deal may challenge its legality in a court. There are three conditions for this:

1. The spouse, who is not the initiator of the manipulation of property, asks that the transaction be declared illegal.
2. The spouse who carried out the transaction knew that the second spouse did not agree with the terms and was against manipulation.
3. The spouse, who is not the initiator of the transaction, categorically disagrees with its conclusion.

After the court considers the claim to declare the transaction illegal, a decision is made. If a transaction is declared illegal, then the persons involved in its conclusion must return to the dissenting spouse all in in kind, otherwise - in monetary terms equal to the value of the property.

File this claim possible within one calendar year after the completion of a transaction about which one of the spouses was not notified. The recognition of a transaction as illegal is marked by the fact of its conclusion, and not by the establishment of such a fact in court.

Any sale of jointly owned property involves minimal consultation with a lawyer, otherwise avoid possible problems pretty hard. A competent specialist will not only advise on how to carry out transactions competently and legally property nature, but also to determine the procedure for ownership and use of this or that type of property by spouses.

Property acquired by spouses during marriage, among other things, is the income of each spouse from entrepreneurial activities, as well as movable and immovable things (clause 2 of article 34 Family Code RF). Important detail– it does not matter in the name of which of the spouses the property was acquired, or in the name of which or by which of the spouses the money was deposited.

It turns out that property purchased during marriage by one of the spouses, including from income from his business, is the joint property of the spouses.

Consent of the other spouse

Meanwhile, it is possible to own, use and dispose of the common property of spouses only according to their mutual consent(clause 1 of article 35 of the Family Code of the Russian Federation). In order for one of the spouses to complete a real estate transaction and a transaction requiring notarization or registration, it is necessary to obtain the notarized consent of the other spouse (Clause 3 of Article 35 of the Family Code of the Russian Federation).

Paragraph 2 of Article 253 of the Civil Code also establishes that the disposal of property that is in joint ownership, is carried out by agreement of all participants.

Sale of jointly acquired property

The Ministry of Finance believes that income from the sale of real estate owned by spouses under the right of joint ownership may be subject to a “simplified” tax. But provided that the entrepreneur receives a notarized consent of the other spouse to sell this property.

The fact that income from the sale of real estate acquired during the marriage is common property spouses, does not affect the qualification of income for the purposes of the simplified tax system. The entire amount of proceeds from the sale of such property is subject to the simplified tax system. This is, in particular, indicated in the decision of the Seventh Arbitration Court of Appeal dated November 2, 2015 No. 07AP-8757/2015 in case No. A03-10619/2015.

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Sale of jointly acquired property

Is property considered jointly acquired if the purchase and sale agreement was drawn up in the period between the receipt of a court decision on divorce and the receipt of a divorce certificate from the registry office? Thank you.

Hello. The marriage is considered terminated from the moment the court decision enters into legal force. The court always indicates the date of entry into legal force on the copy of the decision that is issued to the citizen. Thus, if the purchase and sale agreement was concluded after the court decision entered into legal force, the acquired property is not jointly acquired in relation to the norms of the Family Code of the Russian Federation.

I divorced my husband and want to divide our joint property. I have an individual entrepreneur selling lingerie, can the wisdom claim half the cost of the goods. The room where it is located a store rented

In accordance with Art. Art. 256, 256 of the Civil Code of the Russian Federation, all property acquired during marriage, except for that received by one of the spouses as a gift or by inheritance, is joint property and is divided equally. The court may deviate from the principle of equality of shares only if one of the spouses remains to live with minor child(Articles 37,38,39 of the RF IC).

How to protect yourself when selling jointly acquired property? I don't want to get a divorce! Can an agreement on the division of property be signed by a notary before a divorce or without a divorce at all or only during a divorce? I want to protect myself before selling an apartment PURCHASED IN MARRIAGE IN THE NAME OF HUSBAND WITH MY NOTARY CONSENT? I hope to save our family even after the sale of the apartment, but my desire alone is not enough... ((since my husband has repeatedly offered to divorce...

Make yourself photocopies of the legal documents of the apartment being sold, statements about the transfer of money for it or a copy of the receipt for receipt of money, an account statement, in general, record the amount received by your husband when selling the apartment; in the event of a divorce, you will present him with a demand for payment of half of this amount to you , if he disposes of it exclusively in his own favor and at his own discretion.

When dividing jointly acquired property, is it possible to draw up settlement agreement about the sale of this property and is the sale period indicated?

Hello Svetlana. If you decide to enter into a settlement agreement on the division of jointly acquired property, you must indicate which property remains with you, which property remains with your husband, the procedure for its transfer and the legal regime. In the settlement agreement, you can also indicate that the parties agreed to sell this property and indicate the period of sale, specifying that after the sale of this property, this settlement agreement is considered executed by the parties. But there is one nuance: in this case, the settlement agreement must be registered by the court and if it is not executed on time for any reason, then any of the parties to the settlement agreement can ask the court to make a decision on this case on the basis of the settlement agreement and then this decision will be executed by bailiffs within the framework of the law on enforcement proceedings.

Is a legal document required when selling or donating marital property to one of the spouses (if the spouses are divorced)

Good evening! Did I understand you correctly that you are asking whether a notarized consent of the spouse is needed for the transaction if the spouses are divorced. When registering such transactions, consent is required on the basis of Art. 35 of the RF IC, according to which: 1. Possession, use and disposal of the common property of spouses is carried out by mutual consent of the spouses. 2. When one of the spouses makes a transaction to dispose of the spouses’ common property, it is assumed that he is acting with the consent of the other spouse. A transaction made by one of the spouses to dispose of the common property of the spouses may be declared invalid by the court on the grounds of lack of consent of the other spouse only at his request and only in cases where it is proven that the other party to the transaction knew or should have known about the disagreement of the other spouse to complete this transaction. 3. For one of the spouses to conclude a transaction for the disposal of property, the rights to which are subject to state registration, a transaction for which a mandatory notarial form is established by law, or a transaction subject to mandatory state registration, it is necessary to obtain the notarized consent of the other spouse. The spouse, whose notarized consent to carry out the said transaction was not received, has the right to demand that the transaction be declared invalid in court within a year from the day when he learned or should have learned about the completion of this transaction.

Does the 3-year statute of limitations apply for the sale of jointly acquired property if 10 years have passed since the divorce? There was no division of property and the fact that the property remained in the possession of each spouse was naturally known to the spouses during the divorce?

Good afternoon, dear Dmitry Yes, the statute of limitations applies, but it will be counted from the moment when the person learned or could find out about the violation of his rights. Good luck to you and your loved ones!

Hello! The three-year statute of limitations does not apply from the moment of divorce, from the moment of violation of a person’s rights. That is, when selling joint property the consent of the second owner is required. Otherwise, the transaction may be declared invalid.

Hello! The limitation period begins to run from the moment when the person learned of the violated right. In the case of division of the common property of spouses, the period begins to run from the moment when one of the spouses demanded the division of the common property.

Hello! The Family Code establishes a statute of limitations, but does not indicate on what date it begins to apply. And in this case, it is necessary to turn to the Civil Code, which clearly states that the beginning of the limitation period is the day when the person became aware of the violation of his right or should have known about it. This means that you can turn to your ex-spouse with a demand for division of property 5, 10, or even 20 years after the divorce. If you are denied and decide to assert your rights, you will have another 3 years ahead to bring a claim.

Hello, If property was not divided after marriage and more than 10 years have passed since the divorce, then the statute of limitations has already expired (it was 3 years from the date of divorce). It is also worth remembering that by the Resolution of the Plenum Supreme Court RF No. 15 of November 5, 1998, the position is established that the limitation period for the division of property of former spouses, which is joint property, should be calculated from the moment when the person became aware or should have become aware of the violation of his rights, and not from the date of divorce .

The statute of limitations applies, but it is calculated not from the moment of divorce, but from the moment. When a person learned or should have known about a violation of his right.

Good day! The statute of limitations applies, but it is calculated not from the moment of divorce, but from the moment when the person learned or should have learned about the violation of his right. All the best to you and thank you for contacting the 9111 website for legal assistance.

If I issue a permit (consent) for the sale of jointly acquired property (the property is registered in the name of only one spouse), can this permit be subsequently revoked?

Hello, once you have completed such a Consent, you will no longer be able to revoke it after the transaction. Thank you for your contact to our website. Good luck to you.

Good day You cannot withdraw, in particular when the transaction has already been registered. Good luck to you in resolving your issue.

It matters when they intend to subsequently revoke this permission... If you doubt anything (or some circumstances forced you to sign an agreement), then you should cancel it before registering the transaction.

If your spouse sells this property, then naturally you cannot revoke anything. You can only demand the proceeds from the sale from your spouse.

Yes, you can revoke it. But, if you do not trust the other party during the sale, then it is worth dividing the property and giving you your 1/2 share. Since when selling, the buyer is obliged to give the money to the owner, who is listed in the Unified State Register of Real Estate, but he will not give it to you for your share. Here are the possible consequences.

Hello, consent to sell is a one-sided transaction. You can cancel it at the notary and send a document on the cancellation of consent to Rosreestr. But in the event that the property has not yet been sold. If you simply cancel the notary’s consent and do not submit the cancellation to the Russian Register, no one will know about the cancellation.

Until the transfer of rights is registered, consent can also be revoked by a notary. Lawyer. Real estate expert. Any opportunities with real estate transactions! Bondareva N.I.tel.8-925-967-54-83 [email protected]

Please, is it possible to receive alimony from the income from the sale of an apartment? We did not divide jointly acquired property. The ex-husband sold the apartment and accordingly received more money than with division and subsequent sale.

Yes, when dividing jointly acquired property, the child’s share must be taken into account. Apply to the court with a claim for division of property. Good luck to you and all the best.

Good afternoon If your husband voluntarily refuses to pay you money, you have the right to file a claim in court. Either about the division of jointly acquired property, or about the payment of alimony. You can order this service through personal messages from any lawyer on the site.

I want to divorce. There are no common children. From jointly acquired property, a house (acquired after the sale of a joint apartment and a mortgage on the wife), a car.
Please tell me whether joint participation in repaying the mortgage works after a divorce.
Thank you!

The property is divided equally between the spouses, the loan is also divided equally. Either spouse has the right to file such a claim in court.

Dear Eduard, Rostov-on-Don! In the absence of a concluded marriage contract, ALL property acquired during the period of registered marriage relations, under compensated transactions, is jointly acquired marital property and belongs to each of the spouses in equal shares (50 to 50%), regardless of which of the spouses it is registered (Art. .34 RF IC). DIVISION of jointly acquired marital property can be made both during the PERIOD OF MARRIAGE RELATIONS and AFTER their dissolution within THREE years(Part 7 of Article 38 of the RF IC). Good luck to you Vladimir Nikolaevich Ufa 06/17/2017

For consultation, you need to look at your documents, for example, a loan agreement. To tell you how to divide an apartment, you need information about its approximate market value, what part of the mortgage was repaid during the marriage, and what the amount of debt is. For detailed consultation please contact us. Contacts in profile.

Good day! All transactions made during marriage are made with the consent of both spouses. The fact that the mortgage is issued to your wife does not matter; I assume you are a co-borrower in it, as a spouse. Yes, after a divorce, mortgage repayments fall on both spouses. Although, by mutual agreement, you can agree on other repayment terms.

If part of the house was purchased at your expense and this can be proven. For example, before getting married, you purchased an apartment, which you then sold, no matter whether you were married or not, and used the proceeds to purchase a house, and your spouse took part in the purchase of the house only after receiving mortgage, for which you do not act as a co-borrower or guarantor, then you can fight off the division of the loan debt in court, by at least try to do this. But! It should be remembered that the house is pledged to the creditor bank and will be encumbered until the loan is repaid! A car is an indivisible thing. The court leaves the car to one of the spouses, and to the other monetary compensation from this spouse in the amount of 1/2 of the market value. Since the title owner of the house is the spouse, if you cannot reach an agreement with a claim for division of property, you will have to go to court. It is better not to draw up an agreement on the division of property, since she may subsequently not pay the loan and the bank will take away the mortgaged house.

Please tell me, for the sale of jointly acquired property (house, car), if the property is registered in the name of one spouse, is the consent of the second required?

Yes, you definitely need the notarized consent of the second spouse from a notary; it costs 2,000 rubles and it is attached to your purchase and sale agreements

Yes, in this case the consent of the second spouse is required. Everything acquired during marriage, with the exception of inheritance and property transferred to one of the spouses, is jointly acquired property.

Hello! Yes, such consent is required, since property acquired during marriage is jointly acquired, regardless of which spouse it is registered in the name of.

Notarized consent is required for real estate, but not for a car, since it is assumed that the sale is carried out with the knowledge and consent of the spouse.

Is there a statute of limitations when selling jointly owned property? (We bought the apartment when we were married, we got divorced 13 years ago, we didn’t draw up an agreement on the division of property in writing, only in words. Now I want to sell the apartment. Do I need my spouse’s consent?)

Yes, you need the consent of your spouse if the apartment was purchased during marriage

No. No need. True, if such an opportunity exists, I would advise you to play it safe and get consent.

Yes, the statute of limitations is 1 year from the day the spouse learns of a violation of his rights (Article 35 of the RF IC).

Is a donated apartment (money for selling it) jointly acquired property? Will my spouse be able to claim rights to the money (from the sale) given to me through the court? deceased mother?

No, the RF IC will not be able to, Article 36. Property of each spouse (as amended. Federal Law dated 12/18/2006 N 231-FZ) (see text in the previous edition) 1. Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or otherwise gratuitous transactions (the property of each spouse) is his property.

Property received during marriage, but through gratuitous transactions, such as donations and inheritances, is the personal property of the spouse who received it. Thus, these are your personal funds that are not subject to division. Good luck! Please contact)

My husband agreed to the sale of jointly acquired property, can I donate this property?

No. Because consent to sale.

When dividing jointly acquired property, the court asked for a house purchase and sale agreement. The contract is with ex-husband, he does not hand over the contract. The court told me to request a house purchase and sale agreement via registered mail. After that, I sent a registered letter to my ex-husband about the need to submit this agreement to the court. Please tell me how long after I can go to court again to once again file for division of property and attach to this a notice that he received a registered letter and is ignoring it.

10 days after receiving the notification.

At the request of the plaintiff or his lawyer, the agreement can be entered into by a court from Rosreestr. Before filing a claim, you must pay a state fee. You and your lawyer can prepare the claim now and send it by mail 10 days after you send the letter. The court will recover the plaintiff's attorney's expenses from the defendant (ex-husband). If you need help, contact me.

If I execute a court decision recognizing a transaction for the sale of jointly acquired property with my ex-husband of a car (which belonged to me before the sale to my son), will the arrest of this car be canceled or are some measures needed? further actions...Or wait for the next step from my ex...?

the arrest will then be lifted

Is an apartment considered joint property of spouses if the purchase and sale agreement for the property is dated before the registration of the marriage, and the registration of the purchase and sale agreement with the state cadastre authority is after the registration of the marriage. As far as I know, ownership arises after state registration of the purchase and sale agreement.
My address: [email protected]

If the agreement was concluded BEFORE marriage, then such an apartment will not be considered jointly acquired property.

You need to look at the terms of payment in the contract. if payments were made before marriage, then no common property

Question about jointly acquired property. Let's just say I buy an apartment with money from the sale of my grandmother's house, my husband doesn't add his own money. I buy an apartment and register it in my name. In case of divorce, is it still 1/2 of the husband's share? (have no children). After all, money from grandma’s house is not jointly acquired property...

If in judicial procedure prove that this apartment was purchased with funds from the sale of your personal property, then it will not be jointly acquired property.

In accordance with Article 36 of the Family Code, property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse), is his property. You will need to prove that you are buying the apartment only with the money that you received from the sale of inherited property. In this case, the husband will not have rights to this apartment.

It is enough to do this: let your grandmother sell her house, keep all the documents confirming the fact of selling the house and receiving money from the buyer, then draw up a donation agreement between you and your grandmother with a receipt for the transfer of money. Then you buy an apartment, which, when divided, will be considered your personal property, because... purchased with funds donated to you.

I was allocated a share in a 3-room apartment. Quartet from jointly acquired property. Do I have the right to sell this share if two minors are registered in the apartment?

You have the right to sell your share subject to the pre-emptive right to purchase your share by another owner. The fact that children are registered does not matter; they are not owners.

You have the right to dispose of your property at your own discretion. You are only required to send a notice to the other owners of the property that you want to sell your share, indicating the price below which you do not have the right to sell your share.

I was allocated a share in 3 apartments from jointly acquired property.
Do I have the right to sell a share if two minor children live in the apartment?

depending on what the share is, Dmitry, and how many people live in the apartment. if 1/6 in 3 rooms. you won’t be able to sell anything in the apartment, because... It is impossible to determine the order of use in this situation.

My husband and I want to get a divorce, we have jointly acquired property, a house, that is put up for sale, but there is no demand for it yet, so we have to live together. My husband has had a second family (without children) for about 20 years, but he doesn’t want to go live with them, and it’s unpleasant for me to see him and live with him under the same roof! How can we solve our problem legally? We agreed that when we sell the house we will divide it in half.

It is legally correct to draw up an agreement on the division of property.

Irina, good morning! And based on your question, you did everything right. It turns out that everything has been agreed upon. All that remains is to conclude an Agreement on the division of property. When you sell the house, divide the money. Write this down in the Agreement. All the best,

Since when is the consent of the husband or wife not required for the sale of jointly acquired property?

From the moment of divorce.

if the marriage is dissolved, it is not required by law; the consent of the spouse is required, not the ex-spouse

We are talking about jointly acquired property and the sale of a share. A relative gave my parents a 2-room apartment in 1990, and in 2001 it was privatized for me and my mother. In 2007, the parents divorced. This 2-room apartment remained privatized for me and my mother. Now my mother has her own family and it’s difficult for me to live there. I offered to sell the entire apartment, but last moment the person changed his mind, although he received 75 percent. Now all I have to do is sell the share, but the lawyer said that this involves jointly acquired property (of the parents), so there may be difficulties. And the other party may be able to challenge the decision in court. Is it so?

Hello Evgeniy, during privatization the spousal share is not allocated. If your father refuses privatization, he has the right to live in this apartment for life.

There is no jointly acquired property here, since we are talking about privatization. You need to determine the shares by agreement or in court. And then you can sell your share to third parties in compliance with the rules of Art. 250 Civil Code of the Russian Federation

How to include the consent of the spouse into the purchase and sale agreement for land, which is jointly acquired property. Owner husband.

How did you acquire the land? It is necessary to see the document, but maybe it is not needed at all.

Is real estate purchased after the sale of privatized housing, separately received by the spouse under a social improvement program after registering her with her, thereby worsening social standards, considered jointly acquired property? Everything happened during the marriage. Is this evidence of personal property in a divorce and does it matter who was the main tenant who was covered by this social housing improvement program?

If, when purchasing a new home, money was added from family budget in excess of the proceeds from the sale privatized apartment then the new housing is jointly acquired property

Good afternoon, an apartment purchased during marriage is jointly acquired property and is subject to division by 1/2 share. If the spouse proves how much money was used to purchase the apartment, then this property will not be divided. You need to know the details; with competent legal support of the case in court, you can divide the apartment.

Is money after sale considered joint property?

Cash, received from the sale of property acquired during marriage, are considered jointly acquired property.

Is an apartment purchased with money from the sale of another apartment, which was the property of only the husband, jointly acquired property (property before marriage)

Hello! There is no joint ownership.

If there was no difference in money when selling the old one and buying a new one, then this is only the husband’s property.

Jointly acquired property is an apartment purchased with funds from the sale of a donated apartment jointly acquired property, and is a four-room apartment subject to exchange during a divorce if I, my husband and child are the owners in equal shares?

1. If the apartment was purchased during marriage, it is jointly acquired property. Accordingly, the other party must prove that the apartment was purchased with his money from the sale of the apartment given to him. 2. Changing your apartment, or selling it, or living together with the entire “collective farm” is not regulated by law. It all depends only on your desires and capabilities.