The procedure for dividing a car in case of divorce proceedings

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Unfortunately, divorce is most often associated with the process of dividing property. In Russian legislation, this issue is largely regulated by the Family Code. Its articles establish what type of property can be divided, in what shares, as well as possible participants in such a transaction. The topic of dividing a car during a divorce in 2021 deserves special mention, given that the vehicle falls into the category of indivisible property.

If the car was purchased before marriage

When dividing the property of former spouses, it is necessary to focus on the articles of the Family Code. So Art. 36 strictly states that all property acquired by husband and wife before marriage is considered their personal property. This means that it will not be possible to divide it during a divorce. But there is one exception to this rule.

The second spouse has the right to claim, for example, the division of a car or other property if funds from the family budget or personal savings of the second spouse were invested in its improvement. The best example would be this situation. Let’s say a citizen bought a used car before marriage, then got married, and a few years later the family decided to get a new, spacious car. For this purpose, the old car was sold, and then a new car was purchased, money from the family budget was invested in the purchase. Or a new car was not purchased, but the old one was repaired at a shared cost.

If the owner is the husband

If only the husband is the owner of such an improved car, then the wife still has a chance to get her share. To do this, she will need to collect all documentary evidence that confirms the fact that the general money or her savings were contributed to improve the car.

Receipts from a car repair shop or car dealership are suitable for this. A bank printout of the movement of money from an account or bank card may also be useful. The most ideal option is a check that shows, for example, that the invoice issued by the auto repair shop was paid from the wife’s bank card, etc.

Having collected all payment documents and filed a claim, the wife needs to file them in a court of general jurisdiction. It would be a good idea to obtain prior legal advice.

You can download a sample statement of claim for the division of a car during a divorce on our website.

In this case, the spouse cannot necessarily count on dividing the car in equal shares. Perhaps the court's decision will be an order for the payment of some monetary compensation. During the hearing, they will probably request a certificate of valuation of the car. Then the judge will compare the cost of the car at the time of purchase and divorce, and divide the resulting price difference in half. This will be the amount of compensation payments. But there are many options here.

When the owner is the wife

When dividing a car in 2021 between spouses, Russian law in no way focuses on gender. If the car belongs to the wife, then it will remain her property. If it is jointly acquired property, it will be divided in equal shares. Those. all of the above about the owner-husband is equivalent to the owner-wife.

How will property be divided if there is a child(ren)

All property and property rights acquired by spouses during marriage are their joint property.

Common children of a husband and wife can also acquire ownership of movable and immovable things if such a decision was made by the parents (a typical example is the purchase of housing in shared ownership of all family members).

The presence of common children may affect the determination of shares in the division of property if such a decision is made by the court.

Article 39 of the RF IC allows for a derogation from the equality of rights of spouses to property if the interests of minor children so require. When dividing a vehicle, such a rule may increase the amount of compensation that the spouse who received the car will be required to pay. Another example: The court has the right to leave the car to the spouse who needs it most - for example, to the mother with whom the child remains due to the fact that she needs to take him to school, hospital, etc.

If the car was given to one of the spouses

According to Art. 36 of the RF IC, property received as a gift by one of the spouses remains his property even during a divorce. It does not matter in what period the gift was presented: during the marriage or before it. The main thing is that the gift deed is executed in compliance with all formalities and the new owner assumes his legal rights.

Division of a car given to one of the spouses during a divorce.

If the ex-spouses are concerned about dividing the car, then all of the above applies to them as well. There are often situations when relatives of one of the parties give a car for a wedding, declaring that it is a gift for both newlyweds. However, if the deed of gift and documents confirming ownership are issued in the name of one person, then it will not be possible to divide the car during a divorce. The exception, again, will be improvements for the car or its repairs, which were paid from the family budget or from the personal funds of the second spouse. Then the second party, if there is evidence, can claim compensation.

Estimation of the market value of the car

When dividing a car, when one of the spouses is entitled to a compensation payment, an assessment of the value of the car is necessary. You can order a car assessment at any stage: before going to court and during court hearings.

Required package of documents for expert assessment:

• car registration certificate
• technical equipment passport
• documents for installing additional equipment on a car
• technical inspection documents

The assessment is carried out by an independent expert. After the examination, the specialist draws up a report. The act indicates the cost of the car and evaluation criteria.

When dividing two or more cars, their total value is taken into account.

Example: There are two cars in a family. A truck worth 3 million rubles and an SUV worth 1.5 million rubles. The court may leave the truck to the husband as a source of income, and the SUV to the wife. In order to maintain equality of shares, the husband is obliged to pay his wife compensation in the amount of 750 thousand rubles.

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Dividing property during a divorce is not an easy task. It is good when the spouses draw up a marriage contract and determine in advance what property will go to each spouse. But this is rare. Typically, such issues are resolved directly during the divorce process. This also applies to the car section in 2021.

If the car is personal property acquired before the wedding, received by inheritance or as a gift, then it will remain personal property after the divorce.

For jointly acquired property during a divorce, other rules set out in Art. 38 RF IC. This means that each spouse will receive half of the entire property. But how to divide a common car in such a situation, because it is impossible to cut it apart.

In such a case, the car is recognized as the property of one of the spouses, and the second is paid appropriate monetary compensation. Less often, the car is sold, and the proceeds are divided in established shares.

Through the court

Most often, spouses deal with the division of property through the courts. The statement of claim is filed in a court of general jurisdiction. Either party can do this. The result of the trial is a decision in accordance with which the owner of the vehicle is determined and the amount of compensation that must be paid to the other party. Provided that it is prescribed.

To do this, the judge will request an independent expert opinion on the possible market value of the object if the life of the car exceeds 5 years, and also provided that the car was purchased not through a dealership, but second-hand.

By agreement

If the former spouses have maintained a completely loyal relationship to each other, then they can divide the property without the intervention of a third party by drawing up a division agreement. By the way, it is not at all necessary to wait for a divorce to sign such a document. It is permissible to do this while being married simply in case of its potential possibility.

Should the car go to the parent with whom the children stay?

Not really

The agreement must describe in as much detail as possible each object that is subject to division. If we are talking about a car, then it is necessary to indicate the number, model, color, cost, etc. and it should be remembered that, unlike a marriage contract, in which it is possible to delimit the ownership of any property, even those that have not yet been acquired, According to the terms of the agreement, only property acquired jointly is divided.

An agreement on the division of property must be notarized (Article 38 of the RF IC).

Very often on legal websites you can find information that contacting a notary in such a situation is voluntary. This is wrong. Without notarization, the document will be considered void.

On our website you can see an example of filling out all the data.

After divorce: we share a car and a house

Everything acquired during marriage is considered community property by default. And the spouses dispose of it with common consent. If one of them sold or donated something without the consent of the other and not in the interests of the family, the “offended” spouse may demand compensation. For the court to make a decision in favor of the latter, it is necessary to prove:

• there was no consent of the second spouse;
• property was sold, donated, spent, etc. not in the interests of the family.

This literal interpretation prevails in Russian judicial practice, says YUST partner YUST Federal Rating. group Foreign trade activities/Customs law and currency regulation group PPP/Infrastructure projects group Digital economy group Bankruptcy (including disputes) group Land law/Commercial real estate/Construction group Intellectual property (including disputes) group Tax consulting and disputes (Tax consulting) group Dispute resolution in courts of general jurisdiction TMT group (telecommunications, media and technology) group Financial/Banking law group Antitrust law (including disputes) group Arbitration proceedings (major disputes - high market) group Labor and migration law (including disputes) group Corporate law/Mergers and acquisitions 13th place by revenue per lawyer (more than 30 lawyers) 16th place by number of lawyers 20th place by revenue Tatyana Starikova.

Whether compensation is due is decided by the court, which must correctly distribute the burden of proof, that is, who proves what in the trial. It depends on what kind of property we are talking about.

Who proves what in cases of division of property If the property is movable (money, car), then it is initially considered that the second spouse approved the transaction. Consequently, it is he who, if he demands compensation, must prove that the money or car went “by past the family cash register.”

To sell or otherwise dispose of common real estate, you usually need the notarized consent of the second spouse (Part 3 of Article 35 of the Family Code). If it is not there, then the default assumption is that the other spouse did not approve of the transaction. This means that the one who sold the property (donated it as a gift, etc.) is obliged to prove in court that the other person agreed.

Explained by EMPP partner EMPP Federal Rating. group Family and inheritance law group Criminal law group Arbitration proceedings (medium and small disputes - mid market) group Corporate law/Mergers and acquisitions TMT group (telecommunications, media and technology) 20th place By revenue per lawyer (less than 30 lawyers) 49th place By revenue Profile Anna Artamonova company.

Divorce and car

An example of a case where movable property was sold is the dispute between the Bryukins*, who divorced after two years, but managed to acquire a Volkswagen Golf car. Vladimir Bryukin* bought it during marriage and then sold it for 280,000 rubles. And when it came to divorce and division of property in court, Anna Bryukina* stated that her husband disposed of the car without her consent, and demanded half of this amount. Two authorities satisfied the claim, because the ex-husband did not prove that the wife agreed to the sale, and the proceeds went to the needs of the family.

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The Supreme Court did not agree with this, and sent the dispute for a new trial. Determination No. 18-КГ18-235 states that Bryukina, and not her husband, should have actively participated in the process. She stated in the lawsuit that she did not agree and the money was not used for the needs of the family. She must prove this, the Supreme Court indicated.

This decision corresponds to established practice, several experts note. As a general rule, everyone proves their statements, this is logical and correct, notes Anna Afanasyeva from the law firm Khrenov and Partners Khrenov and Partners Federal Rating. group Arbitration proceedings (major disputes - high market) 11th place by revenue per lawyer (more than 30 lawyers) 20-21st place by number of lawyers 24th place by revenue. But it is very difficult to prove negative facts (for example, that the money did not go to the needs of the family), notes the vice-president of KA Ivanovs and Partners Ivanovs and Partners Regional Rating. group Family and inheritance law group Dispute resolution in courts of general jurisdiction Ksenia Ivanova: “Well, how can you justify this if the money was simply withdrawn from the account and not invested anywhere.” Of course, if the defendant paid for a third person who, for example, bought real estate, then you can get a positive court decision, but this happens extremely rarely, Ivanova admits.

It could help Bryukina if she confirmed the termination of the de facto marital relationship shortly before or immediately after the husband received money from the sale of the car, notes managing partner of MKA Barshchevsky and Partners Barshchevsky and Partners Federal Rating. Group Criminal Law Anastasia Rastorgueva.

If the husband received money during marriage, then it is assumed that it was spent on the family, and the wife must deny this. But if she proves that in fact there was no family (for example, despite the marriage, they lived separately), then the burden of proof shifts to the spouse. Here he needs to prove that he gave her half the money, paid off the total debt, etc.

Anastasia Rastorgueva

Divorce and home

In June 2021, Valery and Yana Petrikova* divorced after 11 years of marriage. At the same time, the ex-husband found out that a year ago Petrikova, to whom a common house with an area of ​​more than 300 square meters was registered. m, gave half of them to her minor son. Thus, according to the agreement on determining the shares, Petrikova’s own share was reduced to 1/2. The ex-husband decided to challenge this agreement in court because he did not approve of it. The first instance agreed with this and declared the deal invalid.

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The Krasnodar Regional Court, on the contrary, decided in favor of Petrikova. The appeal recalled that paragraph 2 of Art. 253 of the Civil Code establishes a presumption of the consent of the spouse when the other disposes of property. Therefore, it is Petrikov who must refute it: prove that he did not agree to give half of the house to the child. In addition, the agreement to determine the shares does not require notarization, the appeal added.

Her mistake was corrected by the Supreme Court. The agreement distributes shares in the house, and the rights to it must be registered in the real estate register. This means, the Supreme Court indicated, clause 3 of Art. 35 of the IC stating that a notarized consent of the spouse is required. It is not in the case materials. This suggests that it is not Petrikov who must actively defend himself, but his ex-wife, says definition No. 18-КГ18-184.

We must remember that the provisions of the Civil Code apply when they do not contradict the Family Code, notes Nadezhda Popova from AB Pavlova and Partners Pavlova and Partners Federal Rating. group Family and inheritance law group Insurance law group Private wealth management group Bankruptcy (including disputes) group Arbitration proceedings (major disputes - high market) Company profile.

The rule on notarial consent for the sale of real estate (clause 2 of article 35 of the IC) is a requirement for the form of the transaction; without this it is invalid. However, according to practice, sometimes the “offended” spouse can challenge the transaction even with notarial consent. For example, if it is given without specifying the price or the person with whom the transaction can be concluded.

Ksenia Ivanova

In the early 2000s, notaries certified universal consents - one common consent for the sale of any jointly acquired property, says Ekaterina Markova, head of the inheritance practice at UFG Wealth Management. According to Markova, such consents have legal force, but become the cause of numerous disputes, because one spouse does not know what transactions the other is making. Now such judicial practice has led to the fact that universal consent is rarely certified, Markova shares.

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Spouses can enjoy family happiness, but if it comes to divorce, they often divide everything to the last spoon, says Popova. Therefore, she recommends always being careful and keeping documents that confirm spending money on family needs. A prenuptial agreement will help avoid disputes, says Markova. But if it did not exist, then during a divorce it is better to divide the property, because here a three-year statute of limitations applies to the claims of former spouses, Markova reminds. “And if during the divorce they did not divide the property, then (after the divorce) you need to obtain the consent of the ex-spouse for the sale,” the lawyer concludes.

A real estate buyer may find himself in a difficult position if the seller assured him that he was single, but then it turned out that he was married. “Out of nowhere” the spouse appears and challenges the transaction as completed without his consent. The Supreme Court in 2021 ruled in favor of such a wife because it did not find evidence that she knew or should have known about the sale of the house (No. 18-КГ16-97). At the same time, the Supreme Court overturned the decision of the appeal, which took the buyer’s side, pointing out his good faith. This practice means a “colossal risk” when purchasing real estate or a share in an LLC if the seller claims to be single, because there is no way to verify this, says Artem Karapetov, a professor at the Higher School of Economics. According to him, if people were more legally savvy, then prices for bachelors’ apartments would be 20–30% lower. Karapetov calls clause 3 of Art. 35 of the Investigative Committee in its current interpretation is illogical and believes that the risks should be transferred from the bona fide buyer to the seller’s spouse: “It was he who chose such a dishonest person as his life partner and allowed him to register the property in his own name.”

* – the names and surnames of the characters have been changed.

• Evgenia Efimenko

• Supreme Court of the Russian Federation

Sample application

When drawing up a statement of claim to the court, it is necessary to build on standard practice. The document must contain the following information:

• the name of the court to which the application is submitted;
• basic passport data of the plaintiff and defendant (full name, date of birth, address of registration and actual residence, passport series and number);
• name of the submitted document;
• cost of claim;
• information about the place and time of marriage and its dissolution;
• all basic information about the car that is supposed to be divided (number, model, color, engine and body number, date of purchase, etc.);
• information about who has the ownership title;
• the cost of the car upon divorce and upon purchase;
• the essence of the main claim;
• a list of regulations that confirm the plaintiff’s case;
• date of application;
• plaintiff's signature with transcript;
• list of documents attached to the application.

Before going to court, it is best to seek prior advice from an attorney who specializes in these types of issues to help you understand the potential resolution of your claim.

Required documents

In order for the statement of claim to be accepted for proceedings and court proceedings to proceed without constant postponements, it is necessary to initially attach a package of documents to the claim (copies are needed):

• general passports of both parties;
• registration certificate for the car;
• an opinion on the condition and market value of the car issued by an independent expert;
• a document by which ownership of the car can be established;
• if the car was purchased on credit, then you need a loan agreement with the bank;
• a document confirming payment of the state fee for filing a claim;
• certificate of divorce;
• other documents, if the plaintiff assumes that their presence may affect the court decision.

Consideration of a case that concerns the division of property can take from 2 weeks to six months. And in some cases up to 9 months.

Statement of claim for car division after divorce sample

The procedure for drawing up a claim and the requirements for its content are set out in Art. 131-132 Code of Civil Procedure of the Russian Federation.

The statement of claim must indicate:

1. Addresses and names of the court and parties to the case. It is also recommended to indicate the contact information of the plaintiff and defendant.
2. Description of the dispute – date of marriage and dissolution, grounds for divorce.
3. Reasons for division of property (refusal of voluntary division, etc.)
4. List of property, indication of its value.
5. Motivation of arguments in favor of one or another method of division, the proposed procedure for dividing property.
6. Links to legislation.
7. Demand for partition.
8. Signature, date, list of documents for the claim.

A receipt for payment of the state duty must be attached to the statement of claim.

Also, the claim must include:

• a copy of the plaintiff's passport;
• documents for the car;
• an appraiser's report on its value (if the appraisal requirement is not planned to be submitted during the process);
• fee payment receipt;
• other documents relevant to the case (for example, confirming the need for a car).

Important! Simultaneously with the claim for division of the car, a petition for seizure of the car may be filed.

Claim for car division during divorce (sample)

The above example is exemplary; in real practice, filing a claim for the division of a jointly owned car can turn out to be a much more complex procedure. In any case, it is recommended to consult with a lawyer in advance.

For more information on filing a claim for division of joint property of spouses, see a separate material.

Where is the claim filed?

Jurisdiction for the division of joint property depends on the value of the share of each spouse.

A statement of claim for division of a car is submitted to the court at the defendant’s place of residence. If the claim simultaneously demands the division of real estate, the plaintiff must file it at the location of the real estate or the most expensive part of the real estate.

State duty

Lawsuits for division of property are subject to payment of state duty on a general basis. The Tax Code of the Russian Federation does not contain the exact amount of state duty, but contains a procedure for calculating it based on the price of the claim.

If only a car is subject to division in court, the price of the claim will be determined based on its market value. Here a nuance arises - after all, the parties may not have a dispute about the price of the car; they can only ask the court to determine one of the possible division options.

In the future, the price of the claim may change, thereby changing the amount of the fee - you will either need to pay it additionally, or return part of the overpaid amount.

Even if there is no dispute about the price of the car, during the trial it will be necessary to present an appraiser's opinion on the market value of the car. It is from this document that you can take the price of the claim to calculate the state duty, which is specified in Art. 333.19 Tax Code of the Russian Federation.

An example of calculating the state duty for a car whose estimated cost was 750,000 rubles.

If the claim price is between 200,001 rubles and 1,000,000 rubles, the calculation formula is: 5,200 rubles + 1% of the amount over 200,000 rubles. 1% of the amount of 550,000 rubles will be 5,500 rubles. Thus, in the example given, it is necessary to pay a state duty in the amount of 10,700 rubles.

The fee is paid immediately before filing the claim using the details, which must be clarified in court or on the official website. The original receipt is attached to the claim.

If there are two cars in the family

It happens that there is more than one car in a family, but each spouse has their own car. If their cost is equal, then the division process will not take much time. It’s just that everyone will keep the car they drive.

If their cost varies significantly, then to divide the car they resort to the following manipulations. The basis will be an expert’s opinion on the market price of both cars at the time of the divorce. These amounts will simply be added, and the total will be divided in half. The cost of the cheaper car will be deducted from the amount received.

This final amount will have to be paid to the other party by the one who gets the more expensive car.

How to separate two cars

If a family has two vehicles at once, the division procedure during divorce proceeds differently. In practice, you can encounter several scenarios:

1. The most popular option is when each spouse receives a car. As a rule, this method is used only in cases where vehicles are approximately equal in their technical characteristics and cost. In a situation where there are any significant differences between the machines, it can be quite difficult to reach a compromise. Most often, one of the spouses who uses a more expensive vehicle pays compensation to the second spouse in the amount determined by the court or settlement agreement.
2. Leaving both cars to one spouse. This situation is often practiced in cases where the wife does not have the skill to drive a car and is not interested in selling the car. In this case, the husband either pays monetary compensation or gives his wife a car of equal value.

If there are children in the family

According to the Family Code, jointly acquired property is divided in equal shares between both spouses. The presence of minor children should not affect this process in any way.

Division of a car between spouses if there are children.

Except in cases where the child is documented to be one of the owners. For example, if funds belonging to it were spent on the purchase of a car. But in such transactions he plays the role of the owner, not the child.

If the owner is a husband

Possible separation options are shown in the table.

How is a loan or collateral car divided?

Certain difficulties may arise if, during a divorce, a car purchased with the help of a car loan is divided, the debt on which has not been fully repaid. Here, much will depend on the decision of the bank in which the car is registered as collateral, and on the terms of the loan agreement itself.

If the car was registered during the marriage, it is considered jointly acquired property. This means that during a divorce, the debt must be divided in half between the former spouses. When the payments are over, the car is re-registered, and then the car is subject to division. While there is a debt, spouses do not have the right to fully dispose of it.

Perhaps the bank will offer to put the car up for auction, pay off the loan debt with the proceeds, and divide the remainder in equal shares between the spouses.

When can a car be recognized as joint property?

In some cases, a car that was the property of one of the spouses (given as a gift, inherited, or owned before marriage) may be considered joint property. Article 37 of the Family Code:

The property of each of the spouses may be recognized by the court as their joint property if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses that significantly increased the value of this property (major repairs, reconstruction, re-equipment and others).

In this case, two conditions must be simultaneously met:

• Common money and (or) labor of one of the spouses was invested in the car, which significantly increased the cost of the car.
• The court recognized this car as joint property.

Example. My wife inherited an old VAZ 2101 car that was not running. Estimated cost - 10,000 rubles.

The husband started repairing and restoring the vehicle. The result was a retro show car in perfect condition. Estimated cost: 500,000 rubles.

In case of divorce, the husband can through the court ensure that the car is recognized as joint property. In this case, each spouse will get half of it.

When the car was seized

The seizure of a car by a court cannot have a significant impact on its division. This procedure only limits the car owner in certain legal acts. For example, he cannot sell a car or give it away. However, in order to avoid any misunderstandings, it is advisable to first exclude the reason why the arrest was imposed. For most often this happens when the owner has significant debts and enforcement proceedings are opened.

The procedure for dividing a credit car

One of the most difficult options is the distribution of property, which includes a loan vehicle. In such a situation, even the court has difficulty determining who exactly will get the car and the debt to the credit institution.

In accordance with Russian legislation, the division of debts and various credit obligations is divided equally between spouses. It is for this reason that the cost of the vehicle and the remaining debt to the bank should also be divided in half.

If the spouses do not want to share the car, they can sell it, pay off the debt to the credit institution and divide the remaining amount in half.

Selling a car during a divorce

If the car is sold, the proceeds from the sale will be divided during the divorce. Provided that the car was jointly owned, the second spouse had to give permission to the transaction. Then, for calculations, the purchase and sale agreement and the cost of the car indicated in it will be taken as the basis. This amount will simply have to be divided equally between the spouses.

The process becomes more complicated if the contract indicates an undervalued value of the car. In this case, you cannot do without an independent expert’s opinion on the average price for similar cars in the region. But even if it is available, the chances that the judge will divide the actual proceeds from the sale are minimal.

Expert assessment of car value

Contacting independent experts if you need to divide a car in 2021 during a divorce will be required in the following cases:

1. If the car was purchased more than 5 years ago.
2. If the car has been in an accident and/or needs serious repairs.
3. Provided that the car was officially operated as a taxi.
4. For cars purchased not in showrooms, but secondhand.

Car valuation for property division

To divide a vehicle in court, it is necessary to determine its value. This is necessary not only to calculate the state duty, but also to determine the possible compensation that one of the spouses will receive.

Since the car is not divided in kind, it can only be transferred to one of the parties to the dispute, or sold to receive funds.

A car appraisal will be required if the parties have a dispute over the value of the car. If the parties have reached a compromise regarding the cost of the car, then an independent assessment will not be required.

How to make an assessment? To do this, you need to take into account the following features:

• for division in court, an estimate of the real market value of the car will be required, and not a figure from a five-year-old purchase and sale agreement;
• a market value report can only be prepared by an independent appraiser holding a qualification certificate;
• if one of the parties to the dispute does not agree with the assessment, he has the right to order a report from another appraiser so that the court can compare the reliability of the two documents.

As a rule, the response to the assessment is submitted by the initiator of the divorce through the court, and the costs of conducting a price examination are divided equally between the plaintiff and the defendant.

How not to share a car during a divorce

There is only one way to avoid car division in a divorce. This is a mutual agreement that must be documented. Thus, spouses before and during marriage can draw up a marriage contract and stipulate all the conditions for the division of property. Or draw up a separation agreement. It is signed by the parties during marriage or after divorce.

In addition, spouses can agree to share ownership of the car in equal shares and take turns using it.

How to draw up a settlement agreement on car division

In accordance with the norms of Russian legislation, the trial can be ended by drawing up a settlement agreement by the parties. When the spouses make such a decision, they must petition the court to approve the settlement agreement.

This document should determine the procedure for the voluntary division of jointly acquired property during a divorce.

If the settlement agreement drawn up by the parties does not contradict the norms of Russian legislation, the judge must approve it with his decision. Only after this the document acquires legal force, and the parties are obliged to begin to implement it.

If the court for some reason does not satisfy the settlement agreement, for example, because it does not comply with the law, then the case regarding the division of the vehicle continues.

When drafting a settlement agreement, certain requirements must be met. Often, it is neglect of them that becomes the reason for receiving a refusal from the judge. First of all, it is worth remembering the header of the document - the name of the court, details of the parties to the case, information about the case number must be indicated.

The main part of the document must contain information about the car that is subject to division and its location. It should also contain methods for dividing property determined by the parties.

The document must end with a statement that the parties voluntarily enter into this agreement and understand what consequences will await them if the court makes a positive decision.

A mandatory part of the document is the date and place of drawing up the document. Former spouses must affix their signature.

Arbitrage practice

As the practice of court decisions shows, the division of a car during a divorce occurs according to the standard scheme for dividing property. If there is evidence that the car is joint property, then it will be divided in equal shares. If the party claiming compensation fails to prove that it also took part in the purchase or improvement, then the car will remain with the spouse to whom the ownership is registered.

To divide a car in court, the parties need to collect as much documentary evidence as possible of their contribution to the purchase or improvement of the car. If there are not enough of them, then it is better to try to reach an amicable agreement.

Does having children affect car sharing?

According to the law, the presence of children, regardless of their age, cannot be taken into account by the court when deciding this issue during a divorce, since each spouse is provided with ½ share of the jointly acquired property.

As an exception, we can highlight a situation in which an adult child provided his parents with financial support in purchasing a vehicle for family use. In this case, the child must also make an independent claim of a property nature.

How to establish a ban on sales so that the car is not sold without your knowledge?

Example from practice. Realizing that the wife was going to file for divorce and division of property, the husband sold the car and spent the money. The situation, as they say, has arrived.

Legal advice…

It is difficult to insure against such a situation. In practice, we recommend that you calmly and without informing the other spouse, file a claim in court. And together with the statement of claim, submit a petition to impose a ban on all registration activities with the car. In other words, to ban its sale.

If the second spouse does not know that you have filed a statement of claim, then at the time he is notified by a subpoena, he will have much less time for “this fraud.” And, therefore, there is a high chance that he simply will not have time to “crank out” the sale of the car.

If, nevertheless, the spouse manages to sell the car before the court decision is made, it will be necessary to recognize this transaction as illegal, since permission was not received from the wife. This will significantly complicate and lengthen the process of dividing property. Here you will definitely need the help of a lawyer.

The “by agreement” option will suit both

It is not always possible for spouses to reach an agreement on how to divide a car during a divorce. Especially if both of them have a driver’s license and used it on an equal basis, or the car is the most expensive part of their jointly acquired property.

If the spouses are able to discuss all possible options for dividing property after a divorce and come to a decision that suits both of them, then they should enter into an agreement on the division of property after a divorce (including a car).

As a result, one will be able to receive a car, the other - monetary compensation of half its value. Alternatively, one spouse will agree to leave the car to the other in exchange for some other community property or that spouse's personal property. Or he will leave it to his wife (husband) for free as a gift.

Any options are possible, as long as they suit both spouses.

Notarization of such an agreement is not required. The signatures of both spouses on the document will be enough to re-register the car with the traffic police.

Sometimes, in order to avoid a dispute over the division of a car during a divorce, spouses decide to sell the vehicle and divide the proceeds in half.

Some facts

If the car was sold without the consent of the spouse, the transaction will be invalid.

What happens to debts during divorce?

If there is no disagreement between the spouses:

In this case, all debt obligations, as well as property rights, are divided equally. Of course, we are talking only about those debts that arose during the marriage and are jointly acquired. These include:

• mortgage
• consumer loans
• loans from microfinance organizations
• debts to the management company for utilities and others

Thus, if there are no disagreements between the spouses, then all debts are divided exactly in half.

If there are disagreements between spouses:

If a married couple has decided to divorce, but a dispute has arisen between them about the division of debts, then it must be resolved in court. You can try to negotiate on your own or with the help of intermediaries, but this rarely gives the desired result. Have a dispute? Go to court. He will determine where the personal debts of each spouse are, for which he must pay independently, and where - jointly acquired, for which he will have to pay together.

How to divide a car purchased on credit

Many people buy a car with borrowed funds during marriage. In this case, the car loan section causes problems for many people. If the issue is resolved in court, the bank is usually involved in the process as a third party.

Practice shows that a car purchased on credit can be divided in two ways. The first of them implies that the car will go to one of the spouses. In this case, the second family member will receive compensation taking into account loan payments. In this case, an expert assessment of the car is necessary.

In addition, the court may impose repayment of vehicle liabilities on both parties. The easiest way to solve this problem is to sell the car and distribute the proceeds in half.

Who conducts the assessment

If you require an expert opinion on the value of the car during division, you must contact a specialist. To carry out appraisal activities in 2021, he must be an active member of a self-regulatory organization of appraisers.

Should the car go to the parent with whom the children stay?

Not really

Registers containing all SROs registered in Russia can be found on the Rosreestr website. Opposite each organization are links that you can easily follow to find out all the current members of the organization.

It is necessary that before concluding a contract for conducting an assessment, the specialist must present a document confirming receipt of specialized education and a valid insurance contract for his activities.

How much does a vehicle appraisal cost?

There are no uniform tariffs for appraiser services. Moreover, all SROs operate in approximately the same price range. The cost will vary slightly depending on the completeness of the examination performed and the region of residence.

The average price for an examination is 5 thousand rubles. In Moscow and St. Petersburg it will be approximately 2 thousand more expensive. If the expert has to drive the car himself, the cost of services also increases.

The party that entered into the contract pays for the expert’s services. After a court decision is made, these costs are evenly distributed between the spouses depending on the established property shares. Those. if 5 thousand rubles are paid for the examination. and the car was divided in half, then each spouse must contribute 2 thousand 500 rubles.

How to legally formalize the division of a car?

According to the law, there are two legal ways to divide a car:

1. Draw up an “Agreement on the division of property.”
2. Through the court - if it was not possible to reach an amicable agreement.

Let's explain each point

An agreement on the division of property is drawn up when the spouses have managed to agree which of them will get the car and who will receive monetary compensation. Or the agreement can stipulate that the car is sold and the proceeds are divided in half. Or it can be stated that the car is completely transferred to the wife, and the husband in return receives other property (for example, a summer cottage).

Division of a car through the court occurs when the spouses are unable to agree on who will get the car.