What property is divided between former spouses?
Common property is divided equally. The main requirement is that it was purchased as a marriage. In the statement of claim for division of property, you include everything that you bought with your total income. This is real estate: apartments, garages, dachas. Cars, household appliances, securities, and deposits are divided. Dear ladies, diamonds are not considered the exclusive property of the wife; half must be given away.
Indivisible property
Everything that belonged to you before marriage will remain yours. Gifts, personal belongings, copyrights and results of intellectual activity are not shared. If you receive a fee for poetry, no one except you has the right to claim it. Even a former muse, that is, a wife.
The inheritance and things that the spouse uses in his activities are not divided. In short: a piano to a pianist, a car to a taxi driver. Children's belongings cannot be divided; they are given to the person with whom the child lives. There is no compensation for them.
You must justify all this in court. It's especially difficult with gifts. There is a rule - a transaction exceeding 10,000 rubles must be formalized in writing. If there is a gift agreement for a dacha, it is a gift. If not, it is common property. Keep this in mind.
Is it possible to file a single claim for divorce and division of property?
Can. The termination of a marriage in court occurs on the basis of a claim by one of the spouses. In addition to demands to terminate the marriage, the interested party may include in the content of the petition:
- division of joint property;
- determining the place of residence and custody of children;
- assignment of alimony for a child and a woman;
- establishing a schedule for meetings between children and the non-residing parent.
If there is a child, then the issues of his upbringing and maintenance are necessarily resolved along with the satisfaction of the decision for divorce. The division of property can be carried out at any time before the expiration of the statute of limitations.
Benefits of combining requirements
The advisability of simultaneous resolution of property disputes depends on the circumstances and reasons for the divorce. The law does not require immediately dividing values, but until the completion of the division procedure, the property will be considered common, therefore the spouses will not be able to dispose of it without obtaining the notarial consent of the other.
Other benefits of dividing joint marital assets as quickly as possible:
- conflict prevention (over time it will be more difficult for the parties to resolve the dispute);
- eliminating the need for a follow-up appointment;
- obtaining the right to freely use/dispose of benefits.
Procedure for drawing up an application
The claim is submitted to the court office. There are no special requirements for filing a claim for division of property. The courts are guided by Art. 131 – 132 Code of Civil Procedure of the Russian Federation. Please indicate the name of the court first. Then personal data and information about the defendant.
Describe the circumstances of the case: when the marriage was concluded and dissolved, whether there are children, with whom they live. Next, list the disputed property indicating its price. If agreements were signed, please attach them too. The next part is the requirements themselves and their rationale. At the end there is a list of attached documents and evidence, then a signature and date.
Filing a claim in court
The plaintiff - any of the spouses - files a statement of claim with the magistrates' court (if the price of the claim, i.e. the value of the common property, is less than 50,000 rubles). Or to the district (over 50,000). The claim is filed at the place of residence of the defendant (they often coincide).
If the claim includes division of real estate, the spouse files the claim at the location of such property. You must pay 2 state fees. One for divorce (600 rubles). And another - and from the price of the claim for the division of property.
When considering such cases, the court can simultaneously resolve the issue of determining the child’s place of residence (when there is no agreement between the spouses), assigning alimony, etc.
Statute of limitations
Within three years after the spouse finds out that his property rights are being violated, he can demand their restoration. For example, after a divorce and division, the husband left two apartments to his wife. Four years passed, he came to court, demanding to divide one of them. The court rejected him, citing a missed deadline.
The Supreme Court overturned this decision. The statute of limitations begins from the moment one of the spouses learns of a violation of their rights. The agreement stated that the wife was renting out the apartment, and the man thought that she was acting by agreement. When he found out about the sale, he came to court with a lawsuit. The three-year period has not expired, therefore, the ex-husband has the right to demand division.
If you find out that your spouse has hidden some part from the division, feel free to go to court. But you need to prove that you learned the news recently.
Court decision on divorce and division of property
The court considers the case within 2 months. True, he often postpones meetings due to the demand for evidence, calling witnesses, etc.
The parties to the case have another month after the court decision to appeal. Then, in court, the parties receive a note on the court decision about its entry into force. And, if necessary, they receive a writ of execution.
If, after filing a claim for divorce and division of property and making a decision, it turns out that some property was not included in the claims, file a claim in court for division of property after the divorce.
Determination of the claim price
The most difficult part for most claimants is the process of determining the value of the claim. In reality, everything turns out to be simple. It is enough to take the market value of a property. Additionally, various defects that reduce the price may be taken into account. The defendant, in turn, can protest one or another value of a particular property.
Some types of property cannot be divided equally. Then the party can claim to receive monetary compensation from the defendant.
It is important to remember that during a divorce, not only property is divided between spouses, but also their common debts. Sometimes unscrupulous husbands and wives, knowing about the impending divorce, take out a loan for themselves and use the money for their own needs. Such debts cannot be divided, but on the condition that the other party proves that they had nothing to do with this money.
Sample statement of claim for division of joint property of spouses
| In ___________________________ (name of the court) Plaintiff: _______________________ (full name, address of residence) Defendant: ____________________ (full name, address of residence, place and date of birth, place of work (if known), one of the identifiers, if known to the plaintiff, is a passport, SNILS, INN, driver's license details) Cost of claim: ____________________ (the entire amount of the claims) Statement of claim for division of jointly acquired property of spousesThe plaintiff and the defendant _________ (full name of the defendant) since “___”_________ ____ were in a registered marriage. Record No. ___ of marriage was made by the Civil Registry Office ______ (name). “___”_________ ____ our marriage was dissolved on the basis of _________ (indicate how the marriage was dissolved, by the decision of a magistrate or through the registry office). To date, we have not carried out a division of jointly acquired property. Agreements on the division of property cannot be concluded voluntarily. The plaintiff and defendant cannot reach an agreement on the procedure for dividing property acquired during marriage. During the marriage, we jointly acquired the following property: _________ (give a list of property; indicate the dates of acquisition of the disputed property; types of transactions under which the property came into joint ownership; the value of the property subject to division; indicate which of the parties the disputed property was registered in the name of), for a total amount of _______ rub. In accordance with Article 39 of the Family Code of the Russian Federation, when dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses. I believe that the following property is subject to transfer into my ownership: _________ (give a list of property to be transferred into the ownership of the plaintiff) in the amount of _______ rubles, since _________ (indicate the reasons why the listed property is subject to transfer to the ownership of the plaintiff, why it contains more needs or is interested in using this property). The following property is subject to transfer to the ownership of the defendant: _________ (give a list of property to be transferred to the ownership of the defendant) in the amount of _______ rubles, since _________ (indicate the reasons why the listed property is to be transferred to the ownership of the defendant, why he needs it more or is interested in it) in the use of this property). According to Article 38 of the Family Code of the Russian Federation, the division of property between spouses is carried out during marriage and after divorce. Any spouse can make such a claim. When dividing property, the court determines what property is to be transferred to the spouses. If one spouse is given property that is worth more than their share, the other spouse may be awarded compensation. Since the value of the property to be transferred to the plaintiff is greater (less) than the value of the property to be transferred to the defendant, on the other hand, compensation for the excess value of the share in the amount of _______ rubles is subject to recovery. based on the following calculation _________ (give calculation of compensation). Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation, Ask:
List of documents attached to the application:
Date of application “___”_________ ____ Signature of the plaintiff _______ |
statements:
Statement of claim for division of jointly acquired property of spouses in marriage
Statement of claim for divorce and division of property
Statement of claim for division of property after divorce
Statement of claim to determine the spouses' shares in the apartment
