Everything for the sake of the children: when property is not divided equally during a divorce

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The number of divorces is growing daily, and the issue of dividing jointly acquired property is becoming urgent. In the article we will consider the features of the procedure, as well as the procedure for conducting an expert assessment of a car upon divorce and determining the share in the property of the spouses.

Features of the procedure

In accordance with Russian legislation, the property of spouses is jointly acquired and is divided in half upon divorce. Such a division may seem unfair, especially if one of the family members earns an income and the other does not work. Equal division can be avoided if the spouses have drawn up a marriage contract, but practice shows that the legal document is not particularly popular in our country.

The jointly acquired property of the spouses, which is subject to division, means any things that have material value, for example:

• antiques and art objects;
• jewelry;
• monetary assets (bank account, benefits, etc.);
• valuable documents (agreements, shares, bonds);
• real estate (apartment, country house, company);
• movable property (household appliances, cars).

The issue of division of property often leads to conflict situations. The dispute can only be resolved in court. To do this, the interested party must submit a statement of claim in two copies and pay the state fee.

When dividing movable property, such as a car, spouses must remember that the car cannot be divided into shares. In accordance with the legislation of the Russian Federation, the spouse has the right to receive compensation commensurate with half the cost of the car. To do this, the plaintiff needs to make an assessment of the car for the court .

When filing a claim, a mandatory state fee is paid, which is assessed based on the value of the property. Often the amount can be huge, so it is advisable for the spouses to come to an amicable agreement.

The peace agreement should indicate:

• detailed description of the car (brand, country of manufacture, engine size, color, additional equipment, as well as registration numbers);
• list of documents for the car (registration with the traffic police, technical passport, various permits, for example, a certificate for the installation of LED lamps, etc.);
• car cost;
• Full name of the spouse to whom the ownership will be registered, etc.

As a general rule, the debts of the spouses are divided in equal shares, so a car purchased on credit is registered in the name of one spouse.
The second should be paid monetary compensation. Subsequently, the debt is paid by the one who uses the vehicle on the basis of ownership.

Why evaluate a car during a divorce?

Any vehicle is movable property. If the car was purchased with funds from the family budget, then in the event of a divorce it will be part of the jointly acquired property. It is necessary to appraise a car during a divorce in order to fairly divide it between the divorcing parties.

Options for dividing a car during a divorce:

1. Sale of a car with subsequent division of the proceeds between spouses.
2. Concluding an agreement that states exactly how the spouses will use the car together.
3. The car is transferred to one party, and the other party receives compensation.

An assessment will have to be carried out even if the spouses have entered into an amicable agreement. An assessment is necessary to determine the fee to be paid for notarial acts.

Assessment is also needed for:

• entry into inheritance;
• drawing up a gift agreement;
• preparation of a purchase and sale transaction.

During a divorce, the valuation of the disputed car can be carried out before the court, during meetings, before contacting a notary (if a voluntary agreement is used), during the signing of the agreement.

How is a car assessed when dividing property?

A car is a valuable movable property that is most often the subject of dispute in divorce proceedings. If the parties cannot reach a mutual agreement, the court determines the owner based on the following questions:

1. Who initiated the purchase?;
2. Which spouse most often used movable property and for what purposes?;
3. To whom are the title documents issued?;
4. Who invested more money into car maintenance?

In this case, the court can determine a larger or smaller share in the property, however, neither party should be at a disadvantage. If children are born in the marriage and the car is the only property of the family, law enforcement agencies will assign the wife more than half the share of the vehicle or even register the car as the property of the minor children.

An expert assessment of the car for the court is required if the spouses cannot agree on who will own the car. Based on the results, the state duty is paid and the amount of compensation to be paid to the other party is determined. The plaintiff can contact a private organization or request an assessment of the car in court.

The procedure for assessing a vehicle when dividing property of spouses:

1. Without technical inspection of the car. If the defendant refuses to provide the car for examination, appraisers can determine the value from the documents for the car. Based on the results of the primary analysis, the average price level on the market is established. Afterwards, the age of the vehicle, the degree of wear, as well as existing breakdowns, external and internal defects are taken into account. If the car has been in an accident, the value of the car can be reduced to a minimum level. Based on these principles, the final amount of movable property is determined. The expert must document the results and affix the company's seal. Such an assessment of the vehicle, carried out in accordance with legislative norms, is taken into account by the bailiff.
2. If the car is sold to a third party, the value is estimated based on the surviving documents. However, such an examination is rarely reliable.
3. Independent forensic examination - in this case, a detailed assessment of the vehicle is carried out. The service department checks the actual damage to the car (external and internal), the cost of repair and the demand for the car brand in the modern market. Such an examination cannot be contested.

When filing a claim in court, you can be guided by the average cost of a car brand on the market, and request an expert examination at the time of consideration of the case.

Download the statement of claim to the court for the division of the car using the link.

Price

The cost of appraising a car for court depends on many factors, such as:

• tariffs of the appraising company;
• the region in which the car is independently assessed ;
• damage and access to internal parts of the machine;
• average cost of a vehicle brand on the market.

Basically, the work of experts is paid in the amount of 5 to 15 thousand rubles. The exclusivity of the vehicle and its demand in the modern market are also taken into account. The plaintiff needs to remember that not every vehicle appraisal firm is independent. To conduct an examination, the organization must have the appropriate license.

The procedure for assessing a car is carried out in the following order:

• conclusion of an agreement for the provision of services;
• setting a date for an independent examination;
• notification of interested parties (bailiff, plaintiff and defendant);
• conducting an examination;
• drawing up a documentary report;
• sending the paper to the court.

Drawing up a car valuation report

By signing a cooperation agreement between the plaintiff and the property appraiser, a date for the examination is set. In this case, you should prepare the vehicle for inspection (remove unnecessary things from the interior, wash the car). The car is inspected visually: defects and internal damage are identified, the mileage is determined, as well as the percentage of wear of the vehicle. The assessment report is drawn up in three copies, certified by the seal of the organization and the signature of the responsible person.

The contents of the car valuation report during a divorce contain the following information:

• the purpose of the examination;
• cost identification methodology;
• inspection method;
• car license plate;
• identification number of the technical passport;
• make, color, model and equipment of the vehicle;
• presence of significant damage;
• car information;
• the relevance of transport in the modern market;
• assessment result, etc.

Download the car valuation report here.

Who carries out the vehicle assessment

Vehicles for trial are assessed by independent companies. When ordering services from such organizations, it is necessary to check the availability of the appropriate license. The appraiser must be a member of a self-regulatory organization of appraisers (SRO).

Lists of SROs can be found on the Rosreestr website. Opposite each name you will find links where personal information of each member of the company is indicated. Even before the assessment, the professional must provide documents about his education, as well as a valid insurance contract for his work.

What documents are submitted to the appraiser:

• PTS;
• vehicle registration certificate;
• documents on additional equipment;
• documents that confirm the technical condition of the vehicle;
• other documents, if there is reason to believe that they will affect the final expert’s conclusion.

Cost and terms

Federal Law No. 135 of July 29, 1998 does not establish an exact period during which the company is obliged to provide the results of an assessment of the value of the spouses’ property. There is also no information on prices for the services provided. The specifics of the work of appraisers depend on the internal policy of the organization, the complexity of the task, and the type of real estate that needs to be appraised. The cost of specialist work starts from 5,000 rubles. On average, obtaining the result of assessing the value of the spouses’ property during a divorce takes from 2 to 5 days.

Problems and nuances

Only the joint property of the spouses is subject to division and assessment of value during a divorce. Property recognized as personal cannot be divided (Article 36 of the RF IC). Therefore, there is no need to evaluate such objects. It is unlawful to include personal property in a claim seeking distribution between spouses. If the defendant proves that the property belongs only to the husband or wife, the property will be removed from the list. The costs of appraising such property will be in vain. Therefore, you need to be careful when creating a list of property that is subject to assessment and division upon dissolution of the marriage.

Valuation of property during a divorce is not mandatory. However, you need to invite a specialist to determine the amount of the state duty and minimize the risk of encountering disputes during the distribution of real estate. The assessment can also be carried out during the trial. Any of the parties to the divorce can initiate the process. If a citizen is not satisfied with the result of the examination, the person has the right to challenge the conclusion by preparing a complaint.

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Normative base

The process of dividing and assessing the value of spouses’ property is regulated by the Family Code of the Russian Federation. It is necessary to pay attention to the following articles:

1. Article . Reflects a list of property of the husband and wife, which is recognized as jointly acquired.
2. Article . Determines the list of property of spouses that is not divided.
3. Article . Fixes the rules for the distribution of property upon the divorce of a married couple.
4. Article . Fixes a set of rules according to which the shares of husband and wife in jointly acquired property are determined.

If a married couple cannot reach an agreement on their own and plans to go to court to divide property, it is necessary to pay attention to the provisions of the Code of Civil Procedure of the Russian Federation. It is important to study the following articles:

1. Article 131. Determines the form of the claim and fixes the rules for filling out the application.
2. Article 132. Determines the list of documents that spouses must provide in order for property to be divided.
3. Article 154. The amount of time it will take to consider the case in court.

The property division procedure itself is carried out taking into account the provisions of Federal Law No. 135 of July 29, 1998.