How to divide money or bank deposits during divorce

Business division often leads to corporate conflicts and reputational losses. But there are several ways you can reduce the risks. The most common are prenuptial agreements and property division agreements.

In July 2021, the State Duma approved in the first reading a bill on the division of property in one court session (now different types of property are divided over several sessions). In this case, all income of spouses from work, entrepreneurship, social benefits and money, securities, shares in the authorized capital are considered common property, regardless of who paid for the property and in whose name it is registered. All debt obligations also become common.

A sudden division of shares in a business can lead to corporate conflicts and a drop in share prices, so the bill is designed to protect the business from fragmentation, bankruptcy and dismissal of employees and proposes to pay the second spouse the value of the share or compensation.

The bill also plans to consolidate the validity of the marriage contract and limit the possibility of its review by the court. Now the court can invalidate a marriage contract if its provisions seem unfair to it.

Although business assets cannot be divided and payment of compensation is implied instead, it can be deferred or secured by a pledge and a ban on the alienation of property until compensation is paid.

Features of the money and deposits section

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

As a general rule, any property acquired during marriage, as well as all money earned by spouses, is recognized as jointly acquired property and will be subject to division in the event of divorce.

A similar rule applies to deposits and cash.

Following the letter of the law, the following will be subject to division when any spouse files a corresponding claim:

1. Cash held by each spouse.
2. Money held in deposits in banks, in deposit accounts, in unallocated metal accounts.
3. Cash in the form of savings certificates and other securities to the bearer or to one of the spouses.
4. Money invested in consumer and credit cooperatives, microfinance organizations and other financial institutions that accept funds from the population at interest on the basis of loan agreements.

But this is all just in theory. When dividing funds, be it deposits or “cash”, it is possible that a number of problems may arise, which will be extremely difficult to overcome without the help or at least consultation of an experienced lawyer.

If the spouse did not know about the deposit

It does not matter whether the second spouse knows about the deposit or not - if the deposit was opened during the marriage and funds received as income by one of the spouses were deposited into it, then such funds will be subject to division.

Important! To identify all possible deposits when filing a claim for division of property, it is advisable to petition the court to send a judicial request to the banks at the place of residence of the defendant-spouse. You must request information about all open accounts and their balances.

If the account was closed before the divorce

It often happens that at the first sign of a serious family conflict, the spouse who has the deposit begins to “prepare” for the division of property: the account is closed, and the money itself disappears in an unknown direction.

In this case, the partner interested in dividing the deposit will have to prove the existence of this deposit through the court rather long and tediously and seek its recognition as jointly acquired property.

You will have to spend a lot of effort and not confirm the origin of the funds withdrawn by the second spouse

If the case has a positive outcome, which is impossible without the participation of experienced lawyers, it will be possible to oblige the “embezzler” to return 50% of the funds spent (withdrawn from the account).

Conclusion

As has already been said, there is no better way than a prenuptial agreement. Don’t be shy and afraid to make yourself look too calculating and low, this is not so. Considering how complicated life is and how many unpleasant surprises there are, then it will be much more difficult to prove everything, which will spoil the mood more than concluding an agreement or keeping checks.

Try to get rid of the stereotype that a contract undermines trust between husband and wife. This is not true at all and even the opposite. By distributing your rights and responsibilities, you will make life easier for both yourself and your spouse.

I hope that the article was useful and interesting for you! I want to devote the following articles to drawing up a marriage contract, as well as advice on how to prove the fact of acquiring property. I look forward to your comments and, of course, interesting cases from life.

Good mood to you all!

In what cases will deposits and money not be subject to division?

It is not always possible, even in court, to recognize funds in the form of cash or in bank deposits as jointly acquired property.

Thus, funds will not be subject to division and cannot be recognized as jointly acquired property of spouses in the following cases.

The contract was concluded before the marriage was registered

If the deposit is opened before the official registration of the relationship in the name of either spouse, then the funds on it will not be subject to division.

If, after registering a marriage, funds were deposited into the account from joint savings, then the second spouse has the right to demand recognition of these finances as jointly acquired property and, accordingly, division in equal shares.

Also, if a bank deposit opened before marriage was closed during the marriage, and the funds in the account were transferred to another bank, then the second spouse does not have the right to claim his share in this property - all this money is also considered personal to one of the spouses.

The money was gifted or inherited by the spouse

Inherited property or property received as a gift, including money, cannot be recognized as joint property.

Such money was and remains personal property, regardless of the amount, date of donation (inheritance), financial situation and other factors.

To confirm this fact, the spouse who is not interested in the division must present to the court a certificate of the right to inheritance, account statements and other documents indicating the nature of the origin of the cash deposit in the bank.

The deposit is opened in the name of the child

Funds placed in bank accounts opened in the name of a minor child are not subject to division, regardless of who contributed funds to this account.

Such property will be considered to belong exclusively to the minor in whose name the account is opened.

Taking it into account in whole or in part when dividing jointly acquired property is not permitted under any circumstances.

How to hide money without using banking services?

The simplest thing is to accumulate funds without your husband knowing about it. In this case we are talking about a nest egg. Since a person does not know about money, he cannot claim it. You can find a secluded place at home or entrust storage to your parents or friends.

If the funds were received as a result of an inheritance or a gift, then you don’t have to hide the money at all. They will be considered your personal property, so they will not be divided in a divorce.

In conclusion, we note: often questions about the financial component are resolved in court. Proving that money in a bank account was a gift can be difficult. Difficulties will also arise if money is withdrawn from the account before the divorce. With a careful approach and a quality lawyer, it is possible to prove a cause-and-effect relationship between the disappearance of money from an account and a divorce. Therefore, you should act in a situation of divorce proceedings after receiving competent legal advice.

Double insurance

There are only two types of investments that are definitely not subject to division, cannot be subject to arrest or foreclosure. These are savings funds (NSH) and investment life insurance (ILI), as well as individual pension plans in non-state pension funds, that is, a private pension that you organized for yourself. “Life insurance funds are not subject to division and are included in the estate only if the beneficiary is not specified in the contract. The NJ/IZH agreement can be concluded in favor of any person (beneficiary), not necessarily a relative, and in the event of the risk of “death”, the payment will be received by the beneficiary, and not the heirs.

Imaginary donor

There is also a third option, but it is somewhat risky. You can find a person who will issue a gift for you for the accumulated amount of money - then the wife/husband will not be able to claim it, but the bailiffs will remain in their right. In addition, the gift agreement can subsequently be canceled through the court if the imaginary donor proves that at the time of drawing up the document he was insane or you behaved inappropriately, for example, you attempted to kill him or caused him bodily harm.

Sources

• https://law-divorce.ru/kak-razdelit-dengi-ili-bankovskie-vklady-pri-razvode/
• https://www.planeta-zakona.ru/blog/razdel-deneg-i-vkladov-pri-razvode.html/
• https://prozakon.guru/semejnoe-pravo/razvod/razdel-imushhestva/delyatsya-li-scheta-v-banke-pri-razvode.html
• https://YaiZakon.ru/razdel-imushhestva/dengi-i-vklady
• https://allo-urist.com/kak-razdelit-dengi-ili-bankovskie-vklady-pri-razvode/
• https://dom-i-zakon.ru/grazhdanskoe-pravo/razdel-denezhnyx-sredstv-pri-razvode.html
• https://forma-prava.ru/dolgi/kak-delitsya-kredit-pri-razvode-suprugov/
• https://ros-nasledstvo.ru/razdel-deneg-i-vkladov-pri-razvode/
• https://www.kakprosto.ru/kak-949011-kak-spryatat-dengi-ot-muzha-pri-razvode
• https://LegalForex.ru/kak-spryatat-dengi-ot-supruga-i-zashhitit-ih-ot-razdela-pri-razvode.html

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Division of money and deposits of spouses after divorce

The section of both cash and deposits has a number of features and nuances. Knowing them, the spouse has every chance to recognize it as jointly acquired property and receive the share due to him. The hardest part is dividing cash.

The reason for dividing money or deposits is only a statement of claim with the corresponding requirement. If a spouse filed a claim for division of an apartment, the court is not obliged to search for all possible property, including deposits.

To request information from banks, you need to petition the court. Such a request can be made both when filing a claim and during the proceedings.

The best way to divide finances between spouses is to enter into an appropriate agreement. This will save time, nerves and money, which would otherwise have to be spent on legal proceedings.

Cash

The main problem when dividing cash is not just recognizing it as jointly acquired property, but also proving the very fact of its existence.

That is why cash is an ideal property that is almost impossible to divide and discover in the event of a divorce, especially if the second spouse does not have information about its exact amount.

Unlike real estate, vehicles or deposits, information about which can be obtained from registration authorities or banks, “cash” does not appear anywhere.

Its existence is initially confirmed only by the text in the statement of claim and indirectly related documents.

In addition, the spouse interested in the division will have to additionally prove that the money is jointly acquired property.

In all other respects, the division of property in the form of money is no different from the general procedure for dividing property between spouses.

Deposits

The mechanism for dividing funds held in bank accounts (deposits) is no different from dividing any other property of spouses.

Perhaps the first requirement in the statement of claim will be to recognize these deposits as jointly acquired property of the spouses, if the second marriage partner categorically denies the involvement of the second spouse in the accumulation of these funds.

During the court hearing, the plaintiff insisting on dividing the deposits will need to prove the following facts:

• money is the jointly acquired property of both spouses;
• the contribution was formed exclusively from general earnings and savings;
• The personal funds of each spouse (donated, inherited, etc.) were not contributed to the contribution.

If there is proper evidence, the court recognizes the savings in deposits as jointly acquired property of the spouses and division is made.

Like any other property, contributions and deposits are subject to division in equal shares between spouses. They can also be used to offset the value of the second spouse’s share of property (for example, the husband receives a car, and the wife receives a bank deposit if their value is equal).

Are bank accounts divided during divorce?

According to civil law, cash and money stored in deposits and accounts are divided according to the same rules as the rest of the property of the spouses.

That is, if the funds in bank accounts were earned during the existence of the marriage, they are distributed equally, in the absence of a concluded agreement on the division of property or a judicial act with a contrary decision.

At the same time, money has its own specifics, since no government agency or notary registers ownership of it (unlike the purchase of a car or real estate).

Cash is indivisible by force, since it is difficult to establish its total amount. If the money is in a bank account, it can be divided fairly between the former spouses.

Funds are subject to division only if the accounts were opened during marriage and cohabitation, if there is evidence of this fact (receipts, agreements, bank account statements, receipts and other documents).

Legal grounds

The law classifies funds, both in cash and in bank accounts, as jointly acquired property (Clause 2 of Article 34 of the Family Code of the Russian Federation). In this case, it does not matter in whose name the account is opened and who specifically deposited money into it during the marriage.

The division of funds in the event of a possible divorce is carried out according to the general principle, in which the shares of the spouses are equal (clause 1 of Article 39 of the Family Code of the Russian Federation).

However, life is not as clear-cut as legal provisions. The cash deposits section has many nuances in practice, the most common of which will be discussed below.

Statement of claim for division of spouses' funds

The procedure for drawing up a claim and the requirements for it are prescribed in Articles 131-132 of the Code of Civil Procedure of the Russian Federation and are required to be observed when filing a statement of claim for the division of spouses’ funds.

Failure to comply with the requirements in the above articles will result in the claim being left without progress, with a deadline provided for correcting the deficiencies.

In some cases (for example, in case of violation of jurisdiction), the claim will be immediately returned to the person who filed it. The claim is also subject to return if the applicant does not comply with all instructions within the period established by the judge.

The statement of claim must contain the following information:

1. Addresses and name of the court, full names of the parties, their addresses and contact information.
2. The name of the third party - this will be the bank in which the disputed deposits are located.
3. Information about the circumstances of the dispute: date of marriage, period of marriage, date and reason for divorce; absence (or partial presence) of consent to the division of property, etc.
4. Information about deposits and funds, their amount, nature of origin, location, etc.
5. Position regarding the order of division and the shares due to each of the spouses, as well as the rationale for this position.
6. Links to legislation and regulations (preferably).
7. The requirement to recognize contributions as jointly acquired property and the requirement to divide this property.
8. Signature, date of signing and list of attachments to the claim.

The list of documents attached to the application for division of the deposit is specified in Art. 132 of the Code of Civil Procedure of the Russian Federation, however, it is of a general nature and is applicable to all claims.

As for the application for the division of funds, the following must be attached to it:

1. A copy of the applicant's passport.
2. A copy of the claim for the defendant and the third party (if any).
3. A copy of the marriage certificate, as well as its divorce (or the corresponding certificate from the registry office).
4. Certificates from the bank about the flow of funds, copies of agreements for opening deposits and other documents confirming the amount and availability of funds.
5. Certificates of income of the applicant (if required to confirm his participation in replenishing the deposit).
6. Original receipt for payment of state duty.

The claim is submitted to the court at the defendant’s place of residence in person or sent by registered mail through a postal service.

Sample claim

The presented statement of claim demonstrates a typical and extremely simple situation without possible disputes and disagreements. In reality, every dispute is a huge field of activity for lawyers on both sides.

The form of the claim will be significantly different if not only deposits are subject to division, but also, for example, a car or an apartment. All this property will need to be indicated in one statement of claim.

When drafting a statement of claim on your own, it is strongly recommended that you consult with an experienced lawyer. Our website specialists are ready to answer all your questions right now for free.

How money is divided in bank accounts during divorce

In the same way as all property is divided into shares of husband and wife, funds can be distributed either by voluntary agreement concluded by the former spouses or by court decision.

Settlement agreement on the division of funds

This is a document in which a man and a woman prescribe the conditions and procedure for dividing joint financial savings.

Such an act is concluded only on the condition that there is no dispute between the spouses and they are both ready to sign it.

Spouses have the right to draw up such an agreement both during the marriage and after they have decided to divorce (including during the trial).

If the court has already made a decision on the division of bank accounts in a certain way, the written agreement of the spouses drawn up after its announcement will not be valid.

The agreement must include the following information:

• date and place of drawing up and signing of the agreement;
• information about spouses (full name, address, passport details);
• information about the marriage or its termination (if it has already taken place);
• a specific amount of joint cash savings and those stored in bank accounts;
• the entire list of bank accounts (deposit and savings) in which general funds are placed (indicating the banking organization, the number of the deposit or other agreement, the full name of the spouse in whose name it was concluded, other information);
• methods, timing and procedure for dividing savings (you must indicate the exact amounts due to each spouse);
• time and method by which the money will be transferred (via mail or bank or in cash against receipt);
• additional provisions (dispute resolution methods, sanctions in case of failure to comply with the terms of the agreement);
• signatures of the parties.

Former spouses can specify in the agreement any methods of division; it is not necessary for each of them to receive half of the total amount. The ratio of shares can be set in any proportion, the main thing is that the husband and wife agree with their decision. For example, a wife with whom children remain after a divorce will receive 70% of all joint savings, and the husband – 30%.

Division of property through court

When there is a dispute between spouses that does not allow reaching a common agreement, each party has the right to file a claim in court about the division of funds in bank accounts (deposits).
The court applies a similar resolution procedure when dividing other property of the spouses.

If one of the spouses denies that these funds are jointly acquired property, the other party must first put forward a demand to recognize the bank accounts as common, and then declare participation in their division.

During the proceedings, the plaintiff insisting on the division of deposits will need to prove the following circumstances:

1. Money belongs to jointly acquired property.
2. Money earned and saved by both spouses was transferred to the bank account.
3. Donated or inherited funds of each spouse were not included in the contribution, as they are personal.

If the court has enough evidence to support the plaintiff’s position, it will recognize the accounts as property jointly acquired by the spouses during marriage and will divide them according to law and justice. Both husband and wife should get a share equal to 50%.

To begin legal proceedings, you must write a statement of claim and then submit it to the court office.

The claim must contain the following information:

• judicial authority where it is submitted (name);
• basic information about the plaintiff and defendant (full name, official residence address, contact details);
• the cost of the claim;
• title of the document “Statement of Claim for the division of joint property (deposit, funds in a bank account)”;
• circumstances of the case (dates of marriage and divorce, opening of a bank account, amount and origin of funds) indicating supporting documents;
• a petition to the court to divide the accounts, indicating the specific amount that should go to the applicant;
• application;
• date of filing the claim;
• plaintiff's signature.

All evidence is recommended to be attached to the claim, they are considered:

• certificates reflecting the movement of finances in the account (namely, withdrawal of large sums of money);
• papers on the sale of large property and the transfer of funds for it to disputed bank accounts;
• testimony of witnesses (rarely taken into account, but it is better not to neglect such evidence).

In addition, copies of documents related to the case must be attached to the application:

• statement of claim with annex for the defendant;
• plaintiff's passport;
• marriage or divorce document;
• agreement with the bank on opening an account;
• check for payment of state duty.

The plaintiff can also file a petition in court to seize the accounts containing the funds in dispute. This measure serves as security for the claim and will allow the plaintiff to keep the money so that the defendant does not cash it out until a court decision is issued.

How to file a claim

To do this, it is better to contact a lawyer. You will have to independently study many norms and regulations of civil procedure legislation. It will be difficult for a person who has never done this.

Whatever side of the dispute you are on, the statement of claim must describe in detail all the circumstances, attach checks, receipts, witness statements, account statements, loan documents, attempts at agreement. The claim must also contain the following:

• Information about the court, its address.
• Data of former spouses, as well as third parties (credit institutions) - contact numbers, names, place of residence.
• A description of all the circumstances of receiving the debt - who took it, when, what amount, what conditions, how to repay it, how much is left. Additionally, you need to confirm this with documents from the bank with a seal.
• Your requirements for the section.
• References to laws, regulations and practices that support your case.
• Date and signature.

Sample statement of claim

It must comply with the requirements of the Civil Procedure Code. If it contains a violation and is recorded incorrectly, it will be returned for revision. Most often, if you file a claim yourself, it will not be accepted the first time. Therefore, it is better to get legal help from professionals.

What documents are required

Along with the statement of claim, you must submit personal information and all documentary evidence. You will be asked to attach copies of:

• passports;
• claims by the number of participants in the case;
• certificates of marriage and divorce, birth of children;
• loan agreements, receipts, checks;
• data on the amount of debt;
• duty payment receipts.

This is not a complete list. The final list depends on the specific circumstances. However, keep in mind that all your words must be documented. Everything that you wrote in the application or are going to say must be proven with the help of laws and extracts.

State duty amount

Without payment, your papers will not be accepted into court. Since the court hearing deals with property, the amount of the state duty depends on the value of the claim. This is determined by the plaintiff’s share; this is regulated by the Tax Code of the Russian Federation. Let's look at examples of what this means and what kind of dependence exists:

• If the claim price is less than 20 thousand, you will need to pay 4%, but not less than 400 rubles.
• From 20 to 100 thousand - 800 rubles and 3% of the amount over 20,000.
• From 100,000 to 200,000 - 3200 and 2% of money over 100 thousand.
• If from 200 to a million, then 5200 and 1% of what is above 200 thousand.

It happens that the person submitting the application is in a difficult financial situation. He can't pay the fee. Then he will need to file a petition with the court to reduce the amount of the fee, attaching reasons - a salary certificate, the presence of minor dependent children, a document on disability or loss of ability to work.

The supporting words of the paper are provided in the original. Self-printing without the bank's seal will not be considered.

Where to file a claim

The plaintiff sends an application to the place of temporary or permanent registration of the defendant. Disputes are considered by the district court if the amount exceeds 50 thousand, and the world court if it is less.

It is also worth considering that if the issue concerns real estate, then the claim must be sent to the location of the house or apartment.

You can submit an application in person at the office, by registered mail, or through another person who has a notarized power of attorney. After checking and accepting all documents, the case is prepared for hearing. If there are errors in the papers, the person will be informed about this, and you will be expected to correct the shortcomings.

Seizure of funds in bank accounts when dividing deposits

Many plaintiffs forget to perform an important step, which all lawyers strongly advise to take at the same time as filing a claim for the division of monetary deposits. We are talking about seizing accounts containing disputed funds.

Timely seizure of the account will prevent the spouse from hiding this money or spending it while the court hearing is ongoing, which can last up to 2 months or more if other property is involved in the case.

Seizure of an account is a measure to secure a claim, aimed at further possible enforcement of a court decision, if one takes place in favor of the plaintiff. This measure prevents the waste, damage or sale of the disputed property, and in this case, money.

A petition to seize the deposit can be submitted:

1. Simultaneously with the claim, both as a separate petition and as a separate demand in the “pleading” part of the claim.
2. At any time during the trial before the court retires to the deliberation room.

The request for seizure must indicate:

1. Name of the court, parties, their addresses.
2. A brief summary of the claim filed in court.
3. Describe the threat of loss of funds and the impossibility of enforcing a court decision in the future.
4. Indicate the account details or, at a minimum, the bank in which they are located.

Important! In the absence of accurate information - amount, account number, etc., it is necessary to petition the court to request this information from the desired bank.

At the same time, the court is unlikely to consider a request to freeze the account without its exact details, refusing to satisfy it on this basis. After clarifying all the necessary data, you can again apply for arrest.

Arbitrage practice

Judicial practice on the division of funds and bank deposits is quite extensive. Each claim has its own nuances and pitfalls. Let's look at a few of them.

Example 1 . Spouses Anna and Kirill R. They were married for more than twenty years, the husband worked, the wife did housework. The relationship did not work out and the couple decided to divorce. Of their common property, they had a three-room apartment, which they sold and divided the money in half.

Two years after the divorce, Anna accidentally found out that during the marriage, her ex-husband opened a bank account and secretly replenished it; a substantial amount had accumulated in the account, which she knew nothing about.

Anna R. Filed a statement of claim in court with a request to identify the “secret” account of her ex-spouse and divide the funds in the account. The court made a request to the bank, from the extract received it became clear that Kirill R. Throughout the entire period of the marriage relationship, he replenished the account; by the time of the divorce, funds in the amount of five million rubles had accumulated there.

At the hearing, the court issued a ruling on the division of the bank account and payment by the defendant to the plaintiff of compensation in the amount of 2.5 million rubles.

Example 2 . After marriage, spouses Natalya and Maxim K. opened a bank account, into which they contributed funds from the sale of Natalya’s personal car in the amount of 550 thousand rubles as a down payment. Subsequently, they periodically replenished the deposit and at the time of the divorce there were funds in the account in the amount of three million rubles. Before the divorce procedure, Natalya K. closed the account, withdrawing all funds from it. She motivated this by the fact that the account was opened in her name and her husband had nothing to do with the money.

Maxim K. filed a statement of claim in court with a petition for the division of that part of the amount that had accumulated during the marriage, namely: 2 million 450 thousand rubles. At the same time, he reported that during the three months before the account was closed, the former spouses were not actually in a marital relationship, and the money withdrawn could not be spent on joint needs.

The court, having examined all the documents presented, made a decision to divide the jointly acquired funds equally between the spouses and ordered Natalya K. to pay Maxim K. monetary compensation in the amount of 1 million 225 thousand rubles.

Here are some examples:

1. The husband and wife lived separately, but did not file for divorce. When they decided to officially separate, the wife laid claim to the house that her husband had built during the period when the couple was already living separately. The lawyer managed to prove this in court, and the right to the house was left to the husband.
2. A housewife wife demands half of the property from her husband. He is indignant: while he was working, his wife was sitting at home. The court recognized that the woman was right: she had a valid reason for refusing to work: she was caring for children and running a household.
3. The dacha was purchased when the couple lived in peace and harmony. But as soon as there was a hint of divorce, the husband secretly executed a deed of donation of the dacha to his mother. Somehow he managed to do this without his wife's consent (as required by law). The wife hired a lawyer who proved her rights to the “donated” dacha.

Conclusion

Tolstoy’s brilliant idea that all happy families are equally happy, and each unhappy one is unhappy in its own way, is confirmed by divorce and division of property. After all, human relationships are so multifaceted that there are no identical divorces. Spouses divide different property, refer to different evidence, try to deceive each other and circumvent the law in different ways. To avoid a money divorce when divorcing your significant other, seek help from a lawyer. Better yet, take care of the prenuptial agreement right away.