Statement of claim for recognition of property as joint property

During the period of legal marriage and housekeeping, all acquired property is common. Accordingly, it is divided equally between spouses upon divorce. If the status of an item is uncertain, you can change this by writing a statement of claim to recognize the item as part of jointly acquired property. You must attach the necessary documents to your appeal to prove your case.

How do you resolve the issue with claims and statements?

I compose it myself, download a sample from the Internet using a template.

46.15%

I prefer to trust the resolution of such issues to specialists. I order drafting from lawyers.

53.85%

Voted: 13

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.

Where to file a claim

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

There are cases when spouses have real estate in different localities, then the claim can be filed in court at the place where any of them is located, at the discretion of the plaintiff. Read more about where you can apply for divorce on the page - https://divorceinfo.ru/2058-kak-podat-zayavlenie-na-razvod

Some facts

If you have filed a statement of claim and it contains a demand for divorce or alimony, then you can determine the territorial jurisdiction of this case yourself. That is, you can take 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 division of property worth up to 50,000 rubles are accepted and considered by magistrates. More “expensive” claims are dealt with in courts of general jurisdiction of a district, city or constituent entity of the Russian Federation.

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.

The legislative framework

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.

The concept of civil marriage

The laws of Russia do not contain a definition of the concept of “civil marriage”, however, from the analysis of family legislation, its characteristics can be identified:

• 
  This marriage is unregistered with the registry office, and persons living in a civil marriage do not have a marriage certificate.

• Spouses live in the same living space and run the family household together. Running a joint family household means the acquisition of material assets carried out in the common interests of the spouses, the upbringing and maintenance of common minor children, the joint maintenance of living quarters, for example, carrying out repairs or paying for utilities with common money.

Settlement agreement

It's never too late to reconcile and come to an agreement. Even though the trial is in full swing. The former spouses still have the opportunity to settle the matter peacefully until the last moment.

A settlement agreement between them can be concluded at any stage until the very moment the judge retires to the deliberation room to make a final decision.

The court will analyze the agreement, and if it is convinced that it does not infringe the rights of any of the parties, it will approve it with its decision. After which the former spouses will only have to fulfill what they agreed on.

Lawyer's answers to questions about jointly acquired property

Are donated items considered joint property during division?

No. Items received as an inheritance or gift are considered sole property. The exception is an increase in their value at the expense of personal or general family funds: such things can be divided.

Are shares considered generally held?

Shares are classified as securities and are included in the total amount upon division.

I won money in the lottery, and divorce proceedings have now begun. Will the money won be considered jointly acquired?

Yes. Money received by one of the spouses is considered joint until the union is declared terminated (before the divorce decree enters into force).

Is it possible to find out what property a spouse has?

Yes. To do this, you need to order an extract from the Unified State Register of Real Estate from Rosreestr through the MFC or the official website. You will need a passport and marriage registration certificate.

Is a privatized apartment a shared apartment?

It all depends on who participated in the privatization. In case of sole registration of property, the second spouse will need to refuse to participate in the procedure, as he will lose his rights to housing. If both participated in privatization, each will retain the assigned shares upon divorce.

What should I do if, during the divorce and division, I found out that my spouse had money in the bank, but they did not participate in the division?

Before a decision is made, the initiator can change the claims to include a bank account section. After the document comes into force, it is allowed to file a second claim specifically for the division of money.

Will a mortgaged apartment purchased before marriage be considered a shared property if money was paid for it during the marriage?

It all depends on the balance of debt at the time of marriage. If it is minimal and the majority is paid by the borrower, it will remain in sole ownership.

What should we do if, before the divorce, my husband transferred our car, bought with family funds, to a friend?

For transactions with property, the written consent of the second spouse is required. If it was not received, he can file a claim to invalidate the donation or sale agreement, then file an application for division.

How to properly divide a loan during a divorce?

Credit obligations acquired during a marital union are considered common and are divided upon termination, regardless of who they are issued to, if the money was spent on family needs. The borrower must do the following:

1. Obtain a certificate from the bank about the balance of the debt and the total amount.
2. File a claim in court by presenting bank documents.
3. Obtain a court decision and submit it to the bank if a representative of the financial institution was not present at the meetings. Based on this document, the loan agreement is reissued.

I ASK THE COURT:

1. Recognize the ownership of S.T.I. for apartment 66, building 3, Sukromka Street, Mytishchi;
2. Recognize the ownership of S.T.I. for a garage box with an area of ​​16.7 sq.m., located at Mytishchi, Sukromka St., 3, box 12;
3. Recognize the ownership of S.V.Yu. for a plot of land with an area of ​​20__ sq. m with Cadastral number 69:15:020__01:49 Cadastral value 833040 rubles located at the address: Tver region, Konakovsky district, Kozlovskoye village, Ivanovskoye village, 6.; for a building in the form of a residential building suitable for year-round living, as well as ancillary buildings located on the same site;
4. Recognize S.V.Yu's ownership of the following property: MERCEDES-BENZ-260E car, year 20__; RANGEROVERSPORT car manufactured in 2008; Car TOYOTA-LANDCRUISER 20__ year of manufacture; Motor boat 20__ year of manufacture; Motor boat 20__ year of manufacture;
5. Recognize the ownership of S.T.I. for a Share in the authorized capital of LLC "F." worth 20__0; share in the authorized capital of LLC "T." worth 500 rubles; share in the authorized capital of CJSC F.” costing 375 rubles;
6. Recognize the ownership of S.V.Yu. for a Share in the authorized capital of LLC "K." costing 8400 rubles; share in the authorized capital of CJSC "T." costing 4200 rubles;
7. Please notify the legal bureau “Moscow Legal” of the date and time of the court hearing, Moscow, st. Maroseyka, 2/15,

Applications:

1. Receipt for payment of state duty;
2. A copy of the counterclaim;
3. Cadastral extract of a land plot with an area of ​​20__ square meters. m with Cadastral value of 833,040 rubles located at the address: Tver region, Konakovsky district, Kozlovskoye village, Ivanovskoye village, 6.
4. A copy of the certificate of ownership of land dated October 23, 20__ for a land plot with an area of ​​0.15 hectares located at the address: Tver region, Konakovsky district, Ivanovskoye village.
5. Extracts from the unified state register of legal entities in relation to: LLC "F.", LLC "T.", LLC "K.", CJSC "T.", CJSC "F."
6. Extract from the Unified State Register of Legal Entities (7 pages) (https://msk-legal.ru)

February 16, 20__________________________________S.T.I.

State duty for divorce - we calculate it ourselves.

The calculation of state duty is influenced by factors such as:

• whether both parties agree whether you have young children or not;
• How to submit an application: through the registry office or court;
• by whom the application is submitted: one spouse, or two;
• in what order the distribution of common property will be decided.

1. In case of consent of both parties and divorce in the registry office, subject to the conditions being met (no minor children, property does not need to be divided, the agreement was mutual), the cost will be 650 rubles for each spouse.

1. In the case of a divorce through the court, the state fee is paid twice: for filing an application and for registering the divorce in the registry office after the court decision. It will cost 600 and 650 rubles per person, respectively. If one of the spouses is disabled, declared missing or imprisoned for a period of 3 years or more, then the cost of the state duty will be 350 rubles on one side.
2. In the case of a divorce with division of property, the minimum amount per application is 400 rubles (for property < 20 thousand rubles). Also, you will need to pay a state fee of 650 rubles on each side.

If you decide to change your last name after a divorce, an additional 1,600 rubles will be charged, including changing your passport.

If the value of the property is more than 20 thousand rubles, then the calculation takes a different turn:

Payment of the fee is made at the end of the court decision, and not before it begins.

Reasons

So, if, during a registered relationship between two people, individual objects of personal property of one of the spouses were transformed or subject to repair, which contributed to a significant improvement in their quality, then this property can be transformed into a general category.

In Art. 37 of the RF IC clearly states: the basis for changing the status of an object may be the establishment of the fact that one of the spouses has committed actions to increase the value of an item that belongs exclusively to the other party to the relationship. In this case, both personal and general investments are taken into account.

This applies not only to real estate, but also to less valuable items, be it a personal computer or a vehicle. Let's say a woman purchased a car before marriage. During the relationship, her husband made major repairs, replaced some parts, and painted it - all this led to an increase in market value. Given these circumstances, he gets the opportunity to claim part of the property.

At the same time, it is important to take into account clause 2 of Art. 256 of the Civil Code of the Russian Federation , which specifies that a marriage contract can change the conditions for changing the status of property.

Enforcement proceedings

If the division of property was carried out simultaneously with the divorce, the former spouses still have to obtain a divorce certificate. If the case of division of property was considered later, the divorce documents are already in hand.

All that remains is to actually take possession of the divided property and re-register real estate or shares in them, guided by a court decision.

If the ex-spouse prevents this action, it is necessary to contact the FSSP and open enforcement proceedings. The bailiffs will collect from him everything that is due in court, forcibly.