Time limits for division of property after divorce by former spouses in 2021

Many married couples do not divide property after a divorce, so a natural question arises: what is the time frame for dividing the property of spouses after a divorce? This is especially important if the couple, while married or before marriage, has not determined who will receive what property in the event of a divorce. Therefore, we have to look for alternative options on how to achieve division of property with maximum benefit for each party.

In order for the procedure to be successful, you can use the norms that are prescribed in the Family Code, as well as in the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and some federal laws. The division of property after divorce and during divorce is quite similar, although it has distinctive features. But there are nuances that you should definitely pay attention to, and they relate to the statute of limitations. If this period has passed, it may be virtually impossible to divide the property.

Is it possible to divide property after a divorce?

Russian legislation allows for the division of property of spouses after a divorce. More information about this can be found in Article 38 of the Family Code. According to the prescription specified there, the property of the spouses can be divided at various stages of their relationship.

For example, a couple may agree on how to divide property in preparation for the wedding. It is also possible to divide property during marriage, when the relationship has already been officially registered. Naturally, things can be divided at a time when the family relationship has come to an end and the couple is divorcing. In addition, property can be divided even after the former spouses are no longer officially bound by the ties of Hymen.

But when property is divided between spouses after they have divorced, only two procedures provided by law can be used. If both spouses are willing to cooperate, they can enter into a settlement agreement, which will help differentiate property rights. A settlement agreement can help establish almost any share for each of the former couple.

If the former spouses cannot divide the property themselves, and the deadline is running out, it makes sense to send a lawsuit to court. But keep in mind that the court works based on Article 34 of the Criminal Code, so there is a chance that it will provide the spouses with equal shares. In addition, there is a deadline that must be observed if you want the claim to be accepted in court at all.

When does the moment of divorce come?

In Art. 25 establishes two types of moments from which a marriage will be terminated. This division is due to the fact that the relationship can be terminated in the registry office (in a limited number of cases) or in court:

If the process takes place entirely in the registry office, the date of termination is considered to be the date when an entry is made in the civil registration book indicating that the divorce took place;
If the divorce procedure took place in court, then the date from which the marriage will be dissolved is considered the day the divorce decision taken by the court comes into force.

The last paragraph applies only to those marriages that were or will be terminated after May 1, 1996 (clause 3 of Article 169 of the RF IC). If the divorce occurred before this date, then the moment of termination will be considered the date of the entry of this fact in the entry book in the registry office.

If a divorce occurs in court, then it is still necessary to register it with the registry office. The law obliges the court to report information to the registry office within a period of three days after the decision takes effect. To obtain a certificate from the registry office that the parties are no longer related by marriage, the former husband and wife (or only one of them) must write an application to this body, and a document from the court must be attached to it (usually the fact of the decision is confirmed by an extract out of him).

Law on division of property after divorce

The division of jointly owned property between spouses is an important component of the lives of ordinary citizens, since a break in relationships in the current rhythm of life is not uncommon, and few people decide to give property that was bought as a couple to their ex-spouse. Even if the divorce has already taken place, the couple can continue to share the property. The protracted duration of the procedure under consideration does not surprise anyone.

The joint capital can be divided after a fairly significant period of time. The law states that the severance of marital relations is not grounds for termination of rights to property. Therefore, if the former spouses decide to divide the common property after a long time has passed after the divorce, they will succeed. Before this, the former spouses can draw up an agreement within the framework of which they determine how the common property will be disposed of. It is not necessary to change the title documents.

But it should be taken into account that after some time, you will still want to divide the joint house. Although there are exceptions. But if you apply to the court with a request for division of property, difficulties may arise. In particular, the judicial authority will refuse to accept the claim and consider the case. Or the applicants will have to provide explanations as to why they waited so long before dividing the property.

The Family Code, which governs such cases, states that to prevent a legal conflict, a former couple can use an agreement on the division of marital property. This allows the situation to be resolved peacefully without a lengthy trial procedure. You can also peacefully resolve the brewing conflict by first drawing up a marriage contract. Then the situation will be controlled by the terms of this agreement.

While the terms of the settlement agreement and prenuptial agreement can be supervised by the Family Code, when it comes to legal proceedings, the Civil Code comes into force. This means that the statute of limitations applies and other nuances are taken into account. For example, when filing a claim you will have to pay a state fee.

Sometimes the division of property of former spouses affects certain issues that are dealt with by federal laws. The law on valuation activities (No. 135) is most often used. For example, if a car or something similar is being shared, an assessment needs to be made of how much that item is currently worth.

If an apartment or a joint house that was purchased with a military mortgage (Federal Law No. 117) or for maternity capital (Federal Law No. 256) is divided, it is imperative to take into account the laws that regulate the receipt of the benefits in question. Moreover, these acts are almost always valid, no matter whether you divide property during marriage or after you have been divorced for a long time.

The right to object: can a woman save her marriage if she doesn’t agree with the divorce?

If the spouses have reached a mutual agreement, they do not have common children and there are no questions regarding the division of property, the civil registry office handles the divorce process. If at least one party does not agree to dissolve the marriage, there is common property or a common dependent minor child, you will have to file an application with the court.

A woman has the opportunity to avoid divorce only if:

she is pregnant from her husband:
is raising a child under the age of 1 year with her husband.

If there are no such nuances, but there are disputes about property, then they will be considered in court, and the proceedings can last from several months to 1 year.

If the spouse is pregnant or gave birth to a baby from another man, the baby did not survive the birth or lived less than 1 year, the man cannot be refused to accept a divorce petition. Thus, a woman may not consent to a divorce even in the absence of property disputes and issues with children, but if the court finds that there are no grounds for rejecting her husband’s claim, the divorce will be granted. And most often there are no such reasons: after all, you can’t force spouses to live, one of whom wants a divorce?

The right to division of property of former spouses

The division of joint property of spouses can occur not only at the time of divorce, but also after it, and both former spouses have an equal right to begin the procedure. In addition, spouses have the right to continue to use this property as joint property without dividing it.

The initiative to divide property can come from anyone, and if the other party does not agree, the chances that the division will take place are very high. It’s just that if the second ex-spouse agrees to sign an agreement and divide the property that they managed to accumulate during marriage, then the terms will not be delayed. If you divide property through filing a lawsuit, the court may greatly delay the time frame of the case, which could be resolved in a few days.

Typically, the division of property long after a divorce is carried out because one of the parties violates the rights of the other. For example:

limits access to common property;
does not allow them to be used;
sells it without obtaining the consent of the second owner;
Serious disagreements arise regarding the order of use of the properties.

To prevent these disagreements from further poisoning your life, it is logical to divide your property and get rid of the irritant.

Right to demand reconciliation

If the judge, when considering the case, decides that there is no complete discord in the family and there is an opportunity to save the marriage, he can set a deadline for reconciliation.

This is also possible if one of the parties requests this. If the wife is sure that her husband’s demand for divorce is a sudden emotional outburst, she has the right to demand that a deadline be set for reconciliation.

Before making a decision, the judge may ask the following questions:

For what reason did you decide to get a divorce?
How was family life going before filing for divorce: were there any quarrels, how did you spend your leisure time together, etc.
Does either spouse have bad habits: alcoholism, drug addiction, etc.
Is it possible for spouses with children to continue to live peacefully? The child's rights and interests should not be infringed.
What is the financial situation of both parties?

The maximum period for reconciliation is 3 months. It can be extended only through the expression of the will of one of the spouses at the next meeting, if one of the spouses wants to divorce, and the second believes that it is possible to save the family and asks for more time to reach agreement in the family. But in practice, such an extension rarely occurs.

It is also possible to shorten the period for reconciliation if the judge considers that there are grounds for this:

There are reasons why divorce is inevitable (separation of spouses, the husband having an illegitimate child from another woman, infidelity, etc.).
Both spouses apply for a reduction in the reconciliation period or categorically refuse it.

Terms of division of property after divorce

The deadline for dividing property after a couple divorces can occur in many cases, including if the critical factor occurs several years after the couple separated. For example, ex-spouses may divide property decades after a divorce. Nobody forbade them from doing this. Especially if they do not intend to involve the court, but plan to make do with a settlement agreement. In family law, the issue of deadlines is practically not addressed, which cannot be said about court proceedings.

Of course, division of property is possible even after a long time, but you will have to prove why it was delayed for so long, even though the divorce took place. Especially if both spouses continued to use the property and suddenly decided to divide it. It is still better to complete the section “hot on the heels”. It will be easier this way, because the longer you delay, the smaller the evidence base. This means proving where and whose share will be much more difficult.

A spouse who has not used the common property for a long time and then filed a claim for its division may also be denied. Especially if this concerns an apartment where major repairs could have been done over the decades, utilities paid and maintained. And all this at the expense of the second owner, who remained to live here.

Consent to travel outside the country

What else does a husband have the right to during a divorce? If the father is not deprived of parental rights, he has the opportunity to decide all important issues that concern the baby. For example, a trip abroad should only be with the permission of the father.

If a woman needs to leave the country with a child, the first thing she must do is provide the OVIR with permission from her ex-spouse. Both in the case of permanent residence and a short stay in another country, departure is possible only if there is such a document. The father may refuse to let his son go, and in such a situation the mother will not be able to do anything.

Limitation period for division of property after divorce

The couple can get by with a settlement agreement, but if this fails, they will have to go to court. But in this case, you need to pay attention to the deadline for dividing the common property of the spouses.

Since cases are supervised by the Civil Code, the terms are regulated according to the same procedure as other civil claims. It is three years. But there is a nuance here regarding the starting point. It begins not from the moment when the spouses divorced, but when the plaintiff realized that his rights were violated.

An example would be a situation where ex-spouses used a joint dacha for many years, but one day the wife found out that her ex-husband had sold the common dacha without asking her permission. As soon as the wife finds out about the violation, the statute of limitations begins to count.

Refusal to divorce if there is a child under one year old or pregnancy

Features of divorce when the wife is pregnant or if there is a child under 1 year of age are regulated by Art. 17 of the RF IC and Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 No. 15.

According to the law, in such a situation, the husband cannot initiate divorce proceedings if the wife does not agree to it. The exception is the circumstances provided for in Art. 19 of the RF IC, when divorce is possible unilaterally: one of the spouses serves a sentence of at least 3 years, or is declared incompetent or missing by the court.

A man who decides to divorce his pregnant wife, or if he has a minor under the age of 12 months, can go in two ways:

Wait until the baby is 1 year old.
Agree with your wife.
Challenge paternity if the child is not his.

There are no other options for divorce and the result of divorce depends entirely on the opinion of the wife.

The divorce procedure in the presence of minor children is handled by the magistrate's court at the place of registration. If a man files for divorce and his wife does not agree, he will be denied the request.

Skipping the statute of limitations for division of property

There are situations when division of property is required after the statute of limitations has passed. Such circumstances are also not hopeless. If there is a significant reason, you can file a lawsuit in order to restore the statute of limitations, and only after that begin the main procedure.

Serious reasons for reinstating the deadline for dividing the common property of spouses may be:

the plaintiff himself was ill or one of his relatives was ill;
business trips;
illiteracy or ignorance of Russian.

If the terms are seriously overdue, it will be almost impossible to file a claim against the joint home unless they are reinstated.

Last name change

What rights does an ex-husband have during a divorce regarding changing the surname or name of his child? After breaking up with a man, a woman can keep his last name. Sometimes the mother is determined to change. In the second case, the procedure involves a joint application to the guardianship authorities and the registry office.

You will need to draw up an application and submit it to these authorities. If a man is against his child having a different last name, he may not put his signature on the paper. This will be enough to close the issue.

Sometimes women do not know what rights the husband retains after the divorce is completed, and react quite aggressively to the wishes of the other party. This approach will only have a negative impact on the mother’s situation. The best strategy is correctness and a favorable attitude. Finding compromises will allow you to achieve the desired result.

The procedure for dividing joint property voluntarily or through the court

The division of property for spouses whose divorce has taken place is carried out practically according to the same scheme as for couples who are just divorcing. Of course, there are changes, but they are minor. In particular, the problem can be solved not only in court, but also peacefully.

If you want to divide property voluntarily, you should draw up a settlement agreement. Samples of such an agreement can be found on the Internet, and there are no clear instructions for writing this document. But there are principles from which you should build when drawing up a document:

the terms of the sample agreement must comply with current legislation;
within the framework of the agreement, the rights of interested parties (for example, children) must not be violated;
all conditions must be feasible without ambiguous interpretations.

Interestingly, an agreement on the division of property between spouses after a divorce allows you to divide everything not only in equal shares. The share can be significantly larger or smaller - if both parties to the agreement agree to this, there will be no problems. If there is no agreement, the document can be declared illegal in court. It is important that the agreement lists and describes all divisible property in as much detail as possible. After preparation, the document samples must be registered with a notary.

It is not always possible to divide property peacefully. Then you should go to court by filing a claim. In order for the claim to be accepted, you will have to pay a state fee. But the procedure is carried out taking into account the equality of the share for everyone.

The division of marital property in court can take place according to the following scenarios:

the court will establish rules for ownership of common property;
things that the spouses managed to acquire are sold, and the money is divided;
if the spouses were able to acquire indivisible property, it remains with one of the owners, who will have to pay compensation to the second for its part.

When it is necessary to divide monetary assets, the easiest way is to divide them in half. The apartment and other property are usually sold to obtain money or compensation is paid to one of the owners.

Alimony

If a woman is disabled (pregnant or on maternity leave for a child under 3 years old), has a dependent disabled minor or a common disabled child of childhood assigned to the first group, she can demand alimony from her ex-husband for her maintenance (Art. 90 RF IC).

In this case, alimony is awarded in a fixed amount, in accordance with the provisions of the Family Code.

There are two options here:

Enter into a voluntary agreement with your spouse.
File a claim in court.

When considering the case, the judge will examine whether the woman really needs financial support and whether her ex-husband has the appropriate financial capabilities.

The procedure for providing alimony and its amount must be specified in the agreement between the spouses. The woman can decide for herself how much she needs, or her husband will pay her a share of the amount transferred for child support, but not more than 50%. For example, if he pays 20,000 rubles. alimony per month, then the woman will receive no more than 10,000 rubles.

Alimony for spousal support can be notarized by mutual agreement, as well as by court order or lawsuit.

In addition, a woman, if a child remains with her, retains the right to file a claim for child support if her husband refuses to support him voluntarily.

Sample claim for division of property after divorce

The court accepts claims when the divorce has already been completed, but they must be drawn up according to certain rules. This applies to the content of the document. For example, it should contain information about which authority the claim is being filed and who is filing it (full name and passport details).

It is also important to describe the essence of the appeal and references to regulations that allow you to demand division of property. It is also important to calculate what amount should be divided. This is the price of the claim, on which the state duty will depend. Therefore, it is impossible to do without calculation. It is necessary to indicate a list of documents that are attached to the claim. The date and signature are also indicated.

In order to correctly divide the property of spouses after a divorce, a sample document is needed. It will allow you to correctly navigate and draw up a document without errors.

In addition to the fact that there must be a claim itself, a set of documents is required to confirm the legality of the request when the divorce has already been filed. The following documents must be attached:

a copy of the receipt for the state duty (will confirm that you paid it);
copies of participants’ passports;
birth certificate of children who are also owners of the property;
papers to confirm rights to divisible property.

You can add additional documents that you think can prove your right to some property. As for the state duty, its size is not a fixed amount. This is a percentage of the value of the property being divided, which must be calculated using the formula presented in Art. 333.19 Tax Code of the Russian Federation. But this amount cannot be less than 400 rubles and more than 60 thousand rubles.

Registration of a court decision in the registry office

In Art. 25 it is noted that a new marriage cannot be concluded if the registry office does not issue a certificate of termination of the old one. Even if there is a valid court decision, it must be registered at the registry office and obtain a certificate there. The procedure for carrying out this procedure is established in Chapter. IV RF IC.

To register a divorce, having in hand a document confirming the court decision, it is necessary (Article 35 of the RF IC):

Contact the registry office with an application (from one or both parties). This may be the department in which the marriage was once celebrated or located at the place of residence of one of the applicants;
You must attach a document from the court (an extract from its decision) stating that the divorce was recognized as completed;
You also need to provide a document confirming the fact of transfer of the state fee (each applicant pays it for his copy of the certificate);
You must take your passport with you.

It should be borne in mind that the decision, when it comes to divorce, takes legal force only a month after its adoption. You need to contact the registry office at this very moment (one month after receiving the decision). It often happens that people apply for a certificate after a certain time has passed. In this case, you will first have to request an extract from the court, and then apply to the registry office with it. If an entry has already been made based on an application filed by one of the parties, then there is no need to re-submit the document from the court.

Property claims after divorce

After the official separation of the relationship, spouses may leave unresolved property claims. They can be resolved by concluding a settlement or going to court. Moreover, even a spouse who, when filing a divorce, indicated that he has no claims against his ex-spouse can restore property claims. While the statute of limitations is still valid, you can demand division of property in court. To avoid such “surprises”, it is advisable to immediately divide the property. Moreover, this can be done even without getting a divorce, but while being married.

You can get legal assistance regarding the division of property after a divorce on our website.

Arbitrage practice

In order for the judge’s decisions to be made in favor of the plaintiff, it is advisable to obtain the support of a lawyer, at least receiving advice to understand whether he has a chance when filing a claim for division of property, for example, 5 years after the divorce.

An example of a positive decision for a plaintiff

Ms. Karpova filed a claim with the Bobrovsky District Court of the Voronezh Region for the division of a three-room apartment, which was acquired in marriage with Mr. Karpov. During the hearing, it was established that Ms. Karpova, together with her husband, purchased an apartment during marriage and registered it in her husband’s name. After the divorce, the husband moved to another city. Didn't pay child support. After 4.5 years, the ex-husband returned and demanded that he give up 2 rooms in the apartment for living.

The court decided to divide the apartment in equal shares between the spouses and to assign alimony payments for children in the amount of 25% of the defendant’s income.

Example of refusal due to expiration of time for filing a claim

Citizen Fedchun filed a claim with the Sergiev Posad City Court for the division of a house located in the Khotkovo settlement.
The claim stated that the plaintiff purchased a house with her husband during her marriage. After the divorce, the plaintiff created a new family and moved to live with her new husband, but at the same time remained to live in Khotkovo. After 3.5 years after the divorce, the plaintiff decided to buy an apartment, so she applied for the division of joint property acquired with her first spouse. The consideration of Ms. Fedchun’s case was denied because the court did not find any violation of the plaintiff’s rights, because she knew that only her ex-husband used the house, ran the household, carried out its repairs, and had not previously interfered with the division. If there is a need to divide property after a divorce, then it is advisable for the spouses not to delay resolving this issue. The sooner the process takes place, the greater the chances of a painless resolution of the situation.

In what cases does the child stay with the father?

Sometimes the baby stays with the man. This option is possible if the mother does not mind and believes that the child will be better off with the father. The court can support the father when he has more opportunities (more income and more comfortable housing), which allow the minor to live more fully. To do this, you must provide the relevant documents.

The baby will remain with the man if the mother uses drugs or drinks. A woman’s immoral lifestyle is also a reason to leave the children with the father. If the mother is declared incompetent, she is unstable or offends her offspring, the court will support the other side.

Another reason to leave the child to the father is a situation when a woman is busy with her career. Constant travel usually does not allow for full-time parenting. Therefore, the best solution would be to leave the child to the man.

There are also situations when the baby has no attachment to his own mother. He prefers to spend time with his father and the child makes a choice in favor of a man. According to statistics, approximately 7% of children stay with their fathers. The rest prefer to be with their mother.