How to file a claim for the division of property after the dissolution of a marriage. How to apply for the division of joint property after a divorce

Almost every second marriage breaks up. And there are various reasons for this. Perhaps someone did not fit in character, and perhaps someone simply could not withstand family life.

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But in any case, the situation is accompanied by the division of property. So how does all this happen?

General information

Indeed, during this period of time, witnesses forget about it, and purchase receipts are lost. They will no longer be able to prove the correctness of each of the spouses, and, accordingly, there will no longer be legal documents for confirmation.

Another reason for speeding up the process is that all property loses its value after a certain time. And the more time passes, the less money the plaintiff will receive.

As an example, consider the same car. Usually only one person in the family uses it. Accordingly, in the event of a divorce, the car goes to the person who drove it. And the other side receives nothing, only compensation from the value of the car. And if it is an old car, then the amount will be minimal.

There is no need to delay the division of property. This has to do with the expiry date. In accordance with the Russian Federation, it amounted to 3 years from the date of the divorce proceedings.

If this is a section with challenging the transaction, then the period is completely reduced to a year.

There are certain features after a divorce. For example, the sale of such property is possible without the written consent of the spouse. Prohibition of this kind of action is possible only in court. And in the best case, here you can recover half of the cost of selling the property.

As a rule, the total cost is underestimated in order to save on taxes. Often the price is below the market price.

The legislative framework

This issue is regulated by the RF IC. It is he who provides for the possibility of dividing the acquired property after the divorce proceedings at the initiative of any person, including the creditor:

• Art. 38 of the RF IC regulates the convenience of foreclosing any creditor on the total share of jointly acquired property.
• Part 7 Art. 38 of the IC of the Russian Federation stipulates a limitation period for issues of this type.
• Art. 205 of the Civil Code of the Russian Federation regulates the issue of restoring the term of the claim for specific reasons.
• Part 2 Art. 38 of the Family Code of the Russian Federation regulates the voluntary procedure for the division of property of spouses.
• Part 3 Art. 38 of the RF IC regulates the dispute and the procedure for resolving it in court.
• Article 39 of the RF IC stipulates the possibility of obtaining an additional share for a minor child or other dependent.

What is to be divided?

Article 34 of the Family Code clearly regulates the question of what exactly is to be divided between spouses. It states that all property acquired by spouses during marriage becomes the property of both parties.

Accordingly, each party has the right to claim this property. This allows the court to resolve disputes.

This can be income from employment (wages), contributions, shares in business and real estate, cars and even cutlery. And it does not matter in whose name the property was bought. All the same, everything will be considered jointly acquired property.

But each person should know that there are several nuances that limit the actions of spouses. So, for example, not everything can be divided, even if these things were acquired during marriage.

Article 36 of the Family Code stipulates these restrictions:

• all acquisitions under a donation agreement, for example, if an apartment was donated under such a document, then it remains with the person who is affixed to the document;
• of any kind under a will;
• intellectual works and personal items.

It will not be possible to share children's things belonging to a child born in wedlock. This includes toys, school supplies, underwear.

These things are not shared, but are subject to transfer to the citizen with whom the child will live. Even bank deposits belonging to the child will remain at the same level. And this applies even to those deposits that were replenished by another spouse.

Many are interested in the question of how the division of property in the form of a privatized apartment takes place. This is a very complex issue that not even many lawyers can explain.

The division of property is possible only if the basic conditions are met. If during the marriage this property was privatized, then the spouses should figure it out on their own, that is, whether the apartment will remain with one owner or will be taken over by both.

All such subtleties can be told by a highly qualified family lawyer. Often such a conflict is resolved only in court. But do not think that spouses receive only material benefits. All credit obligations are also divided equally between the spouses.

How to file for division of property after a divorce?

Many citizens who decide to take this action want to know how to file for the division of property after a divorce.

It is necessary to familiarize yourself with this issue in advance. This will avoid conflict situations and misunderstandings.

Where to apply?

You need to apply to the district or world court. As a rule, the appeal takes place at the place of registration of one of the spouses.

In the magistrate's court, consideration takes place if there is property at a cost not exceeding 50,000 rubles.

But a claim with a value higher than this indicator is considered in the district court.

You can only file a claim in the district court, even if the amount of the claim is less than the amount presented. The main condition in this case is that the claim contains other requirements that are considered by this instance. For example, determining the place of residence of a common child, collecting alimony.

As a general rule, filing a claim is carried out at the place of registration of the defendant. And if the claim contains an additional requirement, for example, for the recovery of alimony, then you can file an application at the place of registration of the plaintiff.

Timing

Must be submitted as soon as possible. Otherwise, there is a possibility not to receive the property due to the limitation period.

According to general rules, such a period can be counted from the moment of registration of divorce.

Procedure

The procedure is a special algorithm that allows you to save money and time to get what you want.

The action is accompanied by several features that every person should know.

List of documents

Submission of an application for the division of property is accompanied by a mandatory application of documents. In particular, you must attach:

• a document confirming the identity of the applicants;
• birth certificate of all common children;
• certificate of divorce and marriage;
• documents of title to property acquired before marriage;
• title documents for property acquired before marriage;
• other documents;
• receipt confirming payment.

Its value is determined based on the price of claims.

Filing a claim

- the main document on the basis of which the verdict is announced. And the decision of the court depends on how it will be correctly executed.

Here you need to carefully work out the thought and argue your point of view. You need to justify and prove your case.

Writing rules:

• you must initially write a header - the name of the court, information about the plaintiff and defendant, the cost of claims;
• then follows the name of the document - a statement of claim on the division of property;
• the main part contains information about the place of marriage and divorce, about the presence of children, about the presence of previously divided property, a list of jointly acquired property;
• argumentation in the form of legislation;
• claims are described - a list of property, shares, the amount of compensation;
• the date of the claim and the signature of the plaintiff.

State duty

Naturally, such an action is accompanied by a state fee. This is a mandatory payment that is made even before filing a claim.

Without confirmation, the claim remains without movement, so it is necessary to keep a document confirming its payment. If this document is not attached, the statement of claim is automatically returned.

The cost of the procedure is calculated based on the claims. That is, the value of the property and the amount of the recovery are taken.

The formula is taken from the Tax Code. There is a possibility of deferred payment due to the impressive amount of state duty.

Judgment

The trial in 2019 is open to the public. That is, all interested persons, including witnesses, can be present.

The court listens to arguments, considers evidence, ensures the protection of property by seizing. This allows you to limit the actions of both parties. And no one will be able to sell or donate property.

The court also has the right to appoint an independent examination, which will allow to evaluate the property of the spouses and its individual parts.

How to prepare and file an application for the division of property in court? What does such a claim look like and what conditions does it contain? Is it possible to apply jointly for the termination of marriage and to divide the property acquired jointly? What can the defendant claim, and how does he claim his rights? You will learn about all the important points in the division of property between spouses from this article.

How to apply for division of property

A claim to the court for the division of property is filed (Article 38 of the RF IC):

• at the time of marriage;
• simultaneously with the application for the dissolution of the marriage union;
• when considering a case on termination in the form of additions.

Any capable spouse is eligible to apply.

It should be noted that the requirements under the section relate to property, therefore, in order to present them, it is necessary to pay a state fee. Its size is determined on the basis of paragraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. When opening a case at the same time on an application for divorce, a fee is also charged for filing a non-property claim on the basis of subparagraph 3, paragraph 1, article 333.19 of the Tax Code of the Russian Federation. Thus, the state duty will be combined.

Calculation example:

A lawsuit was filed with the court to terminate the marriage, demanding the division of jointly acquired property.
The amount of the state duty will be:

1. For a non-property dispute on the dissolution of a marriage union - 300 rubles.
2. For the division of property acquired by the family, estimated at 500 thousand rubles - 1% of the amount of more than 200 thousand rubles. plus 5200 rubles, total 3200 rubles.

Total state duty on the claim: 3,500 rubles. (300 + 3,200 rubles)

When the requirements are divided, a statement of claim for the division of jointly acquired property can be filed within 3 years from the moment the record of divorce is entered in the book of acts of the registry office (clause 3 of article 38 of the RF IC).

If the application for partition is filed outside the deadline, the court may refuse to consider the dispute and close the case.

In case of dissolution of marriage by court, the period is determined from the date of entry into force of the judicial act.

The division of property can be carried out both while being in an official marriage, and simultaneously or after its dissolution in the registry office or in court.

How to apply for divorce and division of property

A sample claim for the division of property can be found on information boards in court or on the Internet. The following details must be indicated in the application (Article 131 of the Code of Civil Procedure of the Russian Federation):

1. The name of the court. When evaluating a claim up to 50 thousand rubles. should apply to the world court, more - the district court.
2. Personal data of the plaintiff and defendant: full name, registration addresses, telephone numbers.
3. List of property for division. The assessment can be determined independently by the plaintiff, by agreement of the parties, or reflected in an expert opinion.
4. Grounds for in the specified proportions. Written justification: receipts, receipts, agreements with a creditor, etc.
5. Evidence that the claim was sent to the defendant or a copy of the application. Copies of documents supporting the claim. The originals are provided for verification at the hearing.
6. The date of filing of the claim and the signature of the claimant. When submitting an application by a representative, it is necessary to attach the original power of attorney to conduct business in court.

A receipt confirming the payment of the state duty is attached to the claim. Without this document, the court will leave the application without consideration.

Mandatory attachments to the application in copies:

• Marriage certificate;
• a document on the dissolution of the family union - a court decision or a certificate of the registry office;
• birth certificates of children;
• list of property to be divided;
• if available, an agreement on the distribution of shares or property in joint ownership;
• a marriage contract, if the document was signed by the parties before going to court;
• contracts of sale, certificates of inheritance, certificates from bank accounts to justify the personal ownership of each spouse for individual items.

The form of the document can be used as the basis for drawing up a claim for the division of property.

How to apply for division of property

The claim is filed with the district court of general jurisdiction at the location of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation). In exceptional cases:

1. If the defendant is constantly abroad or his address is not known, - at his former address or the location of property, including real estate (clause 1, article 29 of the Code of Civil Procedure of the Russian Federation).
2. When a minor child lives with the plaintiff or travel to another region is difficult for the initiator of the process, - at the place of residence of the applicant (clause 4, article 29 of the Code of Civil Procedure of the Russian Federation).
3. If the main property to be divided is real estate, then the claim is filed at its location (Article 30 of the CPC PF).

The application is printed in triplicate. One for the defendant, the second for the court, the third remains with the plaintiff.

A copy of the document for the defendant or a receipt for postage is attached to the claim. An application is submitted to the court:

• personally to the office, in this case a mark with the date of acceptance is placed on the plaintiff's copy;
• through the branches of the Russian Post by a valuable letter with an inventory and notification.

When accepting the application, the court issues a ruling indicating the date of the preliminary hearing. If the requirements of the law are not met when drawing up the claim, then the application may remain:

1. Without movement (Article 136 of the Code of Civil Procedure of the Russian Federation) - the procedure for filing a claim was not followed, there are no documents substantiating the position.
2. Without consideration (Article 135 of the Code of Civil Procedure of the Russian Federation) in cases where the claim is filed:

• disabled citizen;
• by an unauthorized person - a representative in the absence of a power of attorney;
• to a court that does not consider cases of this category, for example, a district instance instead of a magistrate's court;
• the case is already pending in another proceeding.

If the trial is suspended, 10 days are given to eliminate the shortcomings when filing a claim. The term is calculated from the moment the applicant receives the court ruling. The date is established by an entry in the court about the receipt of the document in hand or by a stamp of the Russian Post on the envelope with the definition or on the notification of delivery.

If the plaintiff does not eliminate the shortcomings indicated in the judicial act, the application is returned together with all the materials, the case is terminated (clause 2, article 136 of the Code of Civil Procedure of the Russian Federation).

Judicial acts may be appealed to the appellate instance (clause 3 of article 136 of the Code of Civil Procedure of the Russian Federation).
For disputes considered in district courts, a period of 2 months is provided (clause 1, article 154 of the Code of Civil Procedure of the Russian Federation). To make a decision by the world court at a price below 50 thousand rubles. month is allocated.

Consideration of an application in court for the division of property

After accepting the claim, the court sets a date for the preliminary hearing. The parties are summoned by subpoena.
During the conversation, the requirements of the party, the arguments of the defendant are clarified. Copies of documents attached to the application are verified with the originals. They are marked by the secretary of the court about their identity, then they are filed with the case materials.

The court checks the valuation of the property. The judge asks questions to the parties, analyzes the documents for the fact of identifying common objects purchased in marriage. Finds out whether personal property is included in the list of property subject to division.

The judge of the first instance considers the claim on the merits. This means that all the circumstances of the section and the evidence are evaluated in the aggregate. Even if the claims are based on the award of certain types of property or part of it to one of the parties, the court has the right to make a division at its own discretion, based on the situation.

At the request of the parties or in case of their failure to appear, the court may postpone the date of the court session. In the absence of the parties twice when considering the case without warning and good reason, the court has the right to leave the claim without consideration. The case will then be terminated, and the applicant will be deprived of the opportunity to file a similar claim a second time on the same grounds.

The operative part of the decision shall be announced at the court session. The full text of the judicial act with the motivation component is made within 5 days. You can pick up the document from the secretary of the judge, in the office or receive it by mail.

The decision explains the procedure for filing an appeal and a cassation complaint in case of disagreement with the conclusions of the court. The expiration of the period for filing an appeal, equal to 30 days, means the entry into force of the decision (clause 2 of article 321 of the Code of Civil Procedure of the Russian Federation). The parties may file a complaint against the existing judicial acts with a higher court in the procedure of cassation proceedings.

Counter claim for the division of property: filing rules

A statement of claim with counterclaims is submitted at any time before the final decision on the case is made (Article 138 of the Code of Civil Procedure of the Russian Federation). The document is sent through the office of the court, by mail or provided at the court session when considering the main claim.

The form of the counterclaim is the same as that of a regular application. It is distinguished by a note about new requirements and a reference to the case in court on the same subject of the dispute. Copies of documents, a receipt for payment of the state duty and proof of sending a copy of the application to the other party are also attached to it. The counterclaim may contain a new list, as well as the same items as in the main requirements.

Until the resolution of the case, the parties have the right at any time to come to a mutual decision and conclude an amicable agreement.

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

There are the following solutions for the division of property:

• Negotiated - a peace agreement is concluded;
• Judicial.

It is necessary to go to court if the divorcees have not agreed how to divide their assets on their own. In this situation, one party that does not agree with the other's division plan must file a lawsuit in court. This option is more costly and time consuming compared to the conclusion of a peace agreement, but helps to resolve the conflict situation. A divorce suit must also be considered in court if there is a child.

It is important to know where to file for property division. 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 the place of its location. If there are several objects located in different settlements, the application can be submitted at the location of any.

Applications worth up to 50 thousand rubles. considered by the justice of the peace. Claims with a higher value are filed in the courts of general jurisdiction of subjects in Russia.

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

Most often, the division of property is carried out at the same time as the divorce process. But situations are not rare when a lawsuit is filed after a divorce. For such cases, there is a statute of limitations of 3 years. During this period, you can file a lawsuit and divide the property through the court. The term can be extended if there are good reasons provided for in the law.

How to divide property without dissolution of marriage

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

• A prenuptial agreement is the best way to demarcate property in a marriage. It will take an hour to sign it at the notary. It is very important to write it correctly. How to draw up a document so that the rights of a husband and wife are not violated, a lawyer will tell you;
• An agreement drawn up regarding a specific subject 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 during a divorce;
• An application for the division of an apartment is submitted by a husband or wife in case of disputes, when one of the parties claims its share in it.

What is the deadline for the division of property?

Submission of documents is carried out:

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

statute of limitations

According to paragraph 7 of Art. 38 of the RF IC, a three-year limitation period applies to property claims. It begins from the moment one party has violated the other's rights to property.

Such violations may be related to:

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

The judge assesses the violation of rights, and the decision may depend on his inner convictions.

The statute of limitations may be temporarily suspended if the injured party could not defend the rights in the process for a good reason. A list of such reasons is spelled out in Art. 202 of the Civil Code of the Russian Federation.

Application for division of property sample

The application must clearly state the requirements and include:

1. Full name of the judge/name of the court;
2. Name of the plaintiff, address of residence;
3. Full name of the defendant, his place of residence;
4. The amount of the claim;
5. Date, place of registration of marriage;
6. Information about the beginning of separation;
7. Data on whether the defendant agrees to the divorce;
8. Information on the number of children, their age, with whom they will live after a divorce.

The main part states:

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

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

In addition to the application, the following documents must be prepared:

• List of common property, its value;
• Papers that confirm the right to ownership;
• Receipt of paid duty;
• Divorce certificate;
• marriage certificate;
• Papers on the birth of children, certified by a notary;
• The passport.

More information about the claim can be found at the link.
You can download below.

Claims and disputes

After filing the application, preparations are made for the consideration of the case, evidence is collected.

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

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

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

For family matters not regulated by the UK, civil law applies. Resolution of the Supreme Court of Russia No. 15 dated November 5, 1998 clarifies certain rules for the division of property of the Family Code.

In order for property disputes to be resolved fairly, all points must be foreseen. A lawyer will help defend the rights of a wife or husband in court.

What property is divided

Not all property acquired by a married couple in marriage will be divided after marriage into equal parts between them. The law divides property into:

• Personal, not subject to division after;
• Jointly acquired - it 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 in marriage.

According to Art. 39 UK joint property is divided in half between the divorced. Judicial practice shows that in most situations, the court decides on the allocation of equal shares to each spouse. Even if someone in a married couple did not earn for a good reason (cared for children, took care of the household), he will receive his half of the property. The division of property registered in the name of one spouse also takes place 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 in the division of 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 associated with family responsibilities. For example, in order to earn a living, the husband was forced to go to several jobs, because of which he acquired a chronic disease, which now requires expensive treatment;
• Fulfillment of debt obligations by only one of the spouses.

Reducing the share of the spouse

Reasons that reduce the share of the spouse may be:

• Not receiving income by a husband or wife, avoiding employment if they have the strength and ability to work;
• Careless attitude of one of the parties to the common property, which led to its breakdown, reduction in price or loss;
• Concealment of expenses that were not used for the benefit of the family;
• Alcoholism, drug addiction, or immoral behavior that has caused family debt.

Partition debts

In a divorce, not only jointly acquired things are divided, but also debts. The total debts are:

• Liabilities in which both spouses are borrowers. Examples of such loans: a husband and wife are co-borrowers on a loan, or one of them is a borrower, and the second is a guarantor;
• The debts of one of the spouses, with the condition that the money received on 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 the purchased items, a ticket. It is more difficult to prove that the loan money was not spent on the family. Evidence can be a certificate of income, bank statements or otherwise.

There are situations when a loan is taken after the end of the relationship. In this case, the second spouse must prove the actual end of family relations before the 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 is slightly different from the litigation 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;
• Music instruments;
• School materials;
• Sports tools.

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 affect the decision of the judge to increase the property of the spouse with whom they remain. But this solution is more the exception than the rule.

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

Property that is not divided in a divorce

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

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

Agreement on the division of property, how to draw up

The division of property will be faster and easier if the divorcing parties agree among themselves and write down the agreements reached on paper, notarized.

The conclusion of a peace agreement relieves the parties from paying state duty 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 takes place (1/2, 1/3);
• List of things passing into the possession of the wife and husband;
• An indication that the property has not been seized or otherwise restricted;
• Effective date;
• Number of copies;
• Signatures of the parties.

When dividing real estate, the agreement specifies its characteristics: footage, floor, location. If the car is divided, then its number, brand, color is written. The agreement can prescribe the division of total debts (loans, mortgages, etc.).

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

Hiding property from a spouse how to identify

Practice shows that the lack of agreement between husband and wife leads to conflicts. Against this background, an unscrupulous party may try to hide the 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 the sale of a vehicle or other property before the division by the court, these things are seized before a decision is made.

What to do if the property is registered to another person

In case of illegal registration of the right of ownership to 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 thing;
• He did not have the financial means to acquire it;
• Things were used by family members, and the costs of its maintenance were paid from the family budget.

For the duration of the proceedings, it is worth suspending the case on the division of property, since the results of a new lawsuit may affect the size of the shares received by the divorced.

Results

If the spouses decide to get a divorce, then you need to consider the following tips:

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

Filing an application-claim for the division of property in court is the only way out for spouses who have not been able to peacefully agree on who and what will get from the jointly acquired property after the divorce. The reason for this impossibility to agree can be that one spouse wants to receive more than half, and is completely sure that he has the right to it. Or something from the common property is so dear to both spouses that they are ready to fight in court for the right to possess it after a divorce.

Before applying for the division of property after a divorce, the spouses need to think carefully about their actions, remember what common property they have, when and how it was acquired, what exactly they want to claim, assess their chances.

What is shared and what is not

Article 34 of the Family Code of the Russian Federation states that all property acquired by spouses during their marriage is their joint property. This includes income from employment, and cash deposits, and securities, and shares in a business, as well as all material assets, from apartments and cars to glasses and spoons. It doesn’t matter if they are in the name of the husband or wife, they will still be considered common. Even if one spouse did not work and did not receive his own income for the entire time of cohabitation.

Spouses also need to take into account that in almost any family there is property that cannot be divided during a divorce, because it will be the personal property of one of them, even if it was acquired during the period of joint life (Article 36 of the RF IC):

• acquired under a donation agreement (so, the question worries a lot of people),
• left as a legacy
• items for personal use (clothes, shoes, hygiene products..), with the exception of jewelry and luxury items,
• the result of individual intellectual labor.

You cannot share things belonging to children born in wedlock - toys, clothes, school supplies, etc. This property will not be taken into account when dividing property, but is subject to transfer to the spouse with whom the child will live. Even the money in bank accounts in the name of the children will remain theirs.

When to File a Property Division Claim

No need to delay the division of property! Time is money, and the more it passes from the moment of divorce, the more illusory the chances of success in suing property are more illusory.

Some spouses, already divorced, are in no hurry to decide the future of the property acquired together: they cannot agree on the division, they still hope for reunification, they do not want to get involved in paperwork, etc. Everyone has their own reason. Meanwhile, the law (Article 38 of the RF IC) does not prohibit filing a claim for the division of property:

• after a divorce, when the dissolution of the marriage has already been registered, and the property is still common,
• in the course of divorce proceedings, when issues of divorce and division of property are simultaneously resolved in court hearings,
• at any time during the marriage.

Spouses who have already divorced, when submitting an application, must take into account the limitation period for the division of property in a divorce. It is three years and does not prohibit filing a lawsuit for the division of property even after its completion, but does not guarantee its acceptance by the judge in proceedings.

Limitation period for the division of property after a divorce: from what moment

As a general rule, it is customary to count it from the moment the divorce is registered. That is, after the expiration of three years from the date of receipt of the document on divorce, it is too late to file a claim for the division of property in court.

It is worth considering: the statute of limitations begins to be calculated when access to property is obstructed. From now only!

In paragraph 19 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 15 “On the application by the courts of legislation when considering cases of divorce” dated November 05, 1998, the time when one of the spouses found out or could find out that his the right to own joint property has been violated. And in practice, when calculating the limitation period for a claim, the courts refer precisely to this Plenum.

Sometimes the moment of divorce coincides with the moment of violation of the right to property, but not always. Then the spouses have the opportunity to file a claim for the division of property after a divorce and more than three years later, if they prove that they learned about the violation of their rights much later.

Where to file a claim

The application-claim for the division of property is sent by territoriality to the judicial body in the area where the defendant lives. If real estate is planned to be divided in court, then the application is written at the location of this property.

Some facts

If you filed a statement of claim, and it contains a requirement for divorce or the recovery of alimony, then you yourself can determine the territorial jurisdiction of this case. That is, you can refer the statement of claim to your place of residence. (this is regulated by paragraphs 3, 4 of article 29 of the Code of Civil Procedure of the Russian Federation)

All claims for the division of property worth up to 50,000 rubles are accepted and considered by justices of the peace. More "expensive" claims are dealt with in the courts of general jurisdiction of the district, city or subject of the Russian Federation.

How to properly file a claim

In form, a sample application for the division of property in a divorce resembles a divorce claim, but it is very important to draw it up correctly and reflect the necessary information. Therefore, spouses often turn to the help of experienced lawyers on this issue. After all, one wrong word or a composed phrase in a lawsuit can distort the claims of the plaintiff and make it impossible to get what they want.

The name of the court, last name, first name, patronymic, address of residence of the plaintiff and defendant, the price of the claim (the total value of all property that is supposed to be divided) are indicated in the upper right part.

The text of the statement contains the following information:

• date of marriage
• the date the marriage was dissolved (or when a divorce suit was filed, what stage the divorce process is in),
• the division of property has not been previously made, the agreement has not been concluded, the spouses cannot independently agree on the division of property,
• list of property acquired during the marriage, subject to division: name, distinguishing features, references to acquisition documents, the value of each item, the total value of all property,
• a reference to Article 39 of the RF IC that property must be divided in equal shares, or a requirement for division in other shares with justifications (living with common children, disability, etc.),
• a list of property that the plaintiff wishes to receive in his ownership, name, total cost, giving reasons indicating that he needs it more and is interested in receiving it,
• list, names, total value of the property that should go to the defendant, an indication of the reasons why it should go exactly to his property,
• reference to compensation in case the value of the share of the property of one spouse exceeds the value received by the second,
• in the operative part - the claims of the plaintiff, set out in the text of the application, a list of documents attached to the claim, signature and date.

You will find a sample application for the division of property during a divorce when you read the material to the end.

The application must be accompanied by the following required documents:

• marriage certificate (or a copy of the marriage record, if it has already been terminated),
• certificate of dissolution of the marriage union (if already obtained), or
• divorce court decision
• documents for property subject to division specified in the claim (registration certificates, title deeds, sales contracts, coupons, checks, etc.),
• report on an independent property valuation (if any),
• receipt for payment of state duty,
• other documents at the discretion of the plaintiff or at the request of the judge.

What does the court consider when considering a claim?

The courts have a long established practice of considering cases on the division of property, enshrined in law in Article 39 of the Family Code of the Russian Federation - all of it is divided in equal shares for each of the spouses. And if it is not possible to divide exactly in half, then from the one who receives a large share, compensation is collected in a similar amount in favor of the deprived.

There are cases when it is possible to convince the judge that one spouse has the right to more than half of what has been acquired. But such cases are rare and even unique. This is associated with the upbringing of common minor children or the misappropriation of common funds during marriage (Article 39 of the RF IC).

When determining which of the spouses and what will get from their common property, the judge must hear both parties as to which of them and what needs more. The following will be taken into account:

• income of each spouse
• accommodations,
• occupation,
• with whom did the children live after the divorce,
• health status,
• participation of each spouse in the cost of acquiring common property, etc.

The court will also divide the debts of the spouses that appeared during the marriage, in proportion to the shares of the property inherited by each of the spouses.

The ideal option for resolving a claim for the division of property after a divorce is a settlement agreement.

It can be concluded at any stage of the judicial review of the claim before the removal of the court to the deliberation room. A settlement agreement is concluded when the spouses, in the course of litigation, come to a unified decision regarding the division of property, to an option that suits both parties. In this case, it is not at all necessary to divide the jointly acquired strictly in half, it will be divided in a way that suits both spouses.

Help from lawyers is welcome

Court cases on property disputes, including cases on the division of property of spouses, are the most difficult category of cases. Judicial consideration on them can drag on for many months. And often the reason for this is insufficient knowledge of the laws, the inability to see the nuances, and simply the lack of practice.

Therefore, it will be useful to seek the help of experienced lawyers when filing a claim for the division of property. Or you can even issue a power of attorney for the right to represent your interests in court in a case.

A lot needs to be foreseen: so that the divisible property is not sold, lost, destroyed by an unscrupulous spouse before the court decision is made; so that the value of the share of the property of the second spouse is not artificially underestimated or its share is overestimated due to cohabitation with common children, etc.

Spouses, although former, sometimes continue to have good feelings for each other, and one of them will be able to play on this, trying to get what he wants from the common property. Participation in the case of a representative will help to avoid such situations.

If you still have questions about how to properly file a claim for the division of property in a divorce, then ask them in the comments.