How to draw up and file a claim for division of jointly acquired property in 2021

What property is divided between former spouses?

Common property is divided equally. The main requirement is that it was purchased as a marriage. In the statement of claim for division of property, you include everything that you bought with your total income. This is real estate: apartments, garages, dachas. Cars, household appliances, securities, and deposits are divided. Dear ladies, diamonds are not considered the exclusive property of the wife; half must be given away.

Indivisible property

Everything that belonged to you before marriage will remain yours. Gifts, personal belongings, copyrights and results of intellectual activity are not shared. If you receive a fee for poetry, no one except you has the right to claim it. Even a former muse, that is, a wife.

The inheritance and things that the spouse uses in his activities are not divided. In short: a piano to a pianist, a car to a taxi driver. Children's belongings cannot be divided; they are given to the person with whom the child lives. There is no compensation for them.

You must justify all this in court. It's especially difficult with gifts. There is a rule - a transaction exceeding 10,000 rubles must be formalized in writing. If there is a gift agreement for a dacha, it is a gift. If not, it is common property. Keep this in mind.

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The simplest and most comfortable way to resolve the issue is to draw up an agreement. This is possible if the spouses do not have serious claims against each other and can peacefully divide what they have acquired over the years of marriage, without resorting to litigation. This is regulated by Article 36 of the Family Code of the Russian Federation. Despite the fact that the law does not approve the exact form of such an agreement, a number of requirements must be met when drawing it up - otherwise it may simply be invalid.

There are a couple of important points to note right away. Jointly acquired property is considered to be property acquired by the family after marriage. That is, it is pointless to apply for an apartment that a spouse bought long before the meeting of his other half, but you can compete for a car or financial asset given as a wedding gift.

It is worth mentioning right away that not only expensive property is subject to division - everything that you purchased or received as a gift as a couple can and should be divided. This includes a refrigerator given by my aunt for a wedding, jewelry, interior items, in a word, any things. In this case, gifts or inheritance received by one of the spouses are not subject to division. Also, the concluded agreement must be notarized. This is not a mandatory measure, but it may not be superfluous.

So, how to correctly draw up an agreement on the division of jointly acquired property?

When drawing up an agreement, start with the basics: indicate your names, registration address, passport details, as well as your status - whether you are married (the agreement does not have to be concluded in connection with a divorce) or divorced.
Indicate the purpose of the agreement - division of property, then list it. Here it is important to avoid general phrases like “all household appliances” and name in detail everything that you plan to share: a two-room apartment on Cherry Street with a market value of n million rubles (specify the share of each spouse), a black Nissan Almera of 2011, and that same two-chamber refrigerator Stinol.
The contract must specify the date and place of its execution, as well as the location of the property itself at that moment.
Indicate how the division will take place, what and in what shares will go to each spouse upon divorce.
Be sure to note if one of the spouses voluntarily renounces some property in favor of the other, so that in the future an ambiguous situation does not arise and the agreement is not invalidated.
The pages of the agreement must be numbered, and each sheet must have the signatures of both spouses.

As a rule, spouses divide jointly acquired property approximately equally. An obvious departure from the principle of equality creates a risk that the agreement will be declared invalid. What to do if a divorcing couple has children? According to the law, property is not distributed to minors, but parents can indicate in the agreement the share that should go to the child.

You can draw up such an agreement not only during divorce proceedings, but also while still in a strong relationship - this is a completely logical and normal way to protect yourself in the future. If you are not sure that you can draw up a contract yourself and take into account all legal aspects, contact a lawyer. The specialist will not only advise and help in drawing up the document, but will also, if possible, be able to smooth out rough edges in the dialogue between the spouses and lead them to consensus.

Opinion:

– There is one very funny pattern. In my practice, spouses first sit down at the negotiating table to come to an agreement on the division of property. But then they get bogged down in details and can't agree. They decide to sue. As a result, the court divides the property in approximately the same way as they initially tried to stipulate in the agreement. This happens because the rules of the section are still general. The court distributes property between spouses in such a way as to balance the share of each. That is, in the end it turns out that reaching an agreement on shore is faster and cheaper (costs for a lawyer are minimized, since the issue does not spill over into the courts, and the participation of a specialist is required only when preparing and agreeing on the text of the agreement). Anna Popovich, expert on family disputes at RTiger »

Procedure for drawing up an application

The claim is submitted to the court office. There are no special requirements for filing a claim for division of property. The courts are guided by Art. 131 – 132 Code of Civil Procedure of the Russian Federation. Please indicate the name of the court first. Then personal data and information about the defendant.

Describe the circumstances of the case: when the marriage was concluded and dissolved, whether there are children, with whom they live. Next, list the disputed property indicating its price. If agreements were signed, please attach them too. The next part is the requirements themselves and their rationale. At the end there is a list of attached documents and evidence, then a signature and date.

Statute of limitations

Within three years after the spouse finds out that his property rights are being violated, he can demand their restoration. For example, after a divorce and division, the husband left two apartments to his wife. Four years passed, he came to court, demanding to divide one of them. The court rejected him, citing a missed deadline.

The Supreme Court overturned this decision. The statute of limitations begins from the moment one of the spouses learns of a violation of their rights. The agreement stated that the wife was renting out the apartment, and the man thought that she was acting by agreement. When he found out about the sale, he came to court with a lawsuit. The three-year period has not expired, therefore, the ex-husband has the right to demand division.

If you find out that your spouse has hidden some part from the division, feel free to go to court. But you need to prove that you learned the news recently.

Is it possible to challenge an agreement on the division of property?

Any citizen who has signed an agreement on the division of property has the right to change the terms of the agreement or terminate it.

If an agreement is reached between the parties, it is possible to make changes to the contract by drawing up an additional agreement or to terminate a previously concluded agreement and draw up a new contract.

If a compromise cannot be reached, the issue will have to be resolved in court. To invalidate an agreement in court, you will need to prove:

that the agreement was drawn up in violation of current legislation
one of the parties is declared incompetent
the interests of the plaintiff are violated
not a clear interpretation of the contents of the contract
the document was drawn up and signed after pressure and threats were applied

When indicating the grounds for appeal, you must provide supporting documents (medical certificates, SMS messages, videos, witness statements).

The statement of claim is filed in court. The review period is 2 months.

Statement of claim for invalidation of an agreement on the division of property of spouses

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Agreement on division of property with compensation

If spouses want to divide property with financial compensation, all conditions must be set out in the agreement.

The meaning of such an agreement is that one of the spouses receives the entire property, and the second receives material compensation equal to half the value, or another thing equal in value to the property, which cannot be divided.

For example. The couple purchased a car during their marriage. At the time of drawing up the agreement, the cost of the car was 2 million rubles. It was decided that the car would remain the property of the husband, and the wife would receive compensation in the amount of 1 million rubles.

Notary services for property division agreement

According to clause 5, part 1, art. 333.24 of the Tax Code of the Russian Federation for certification of contracts, the subject of which is subject to assessment, the amount of the state duty for notarization is 0.5 percent of the contract amount, but not less than 300 rubles and not more than 20,000 rubles.

For example. The spouses jointly own a two-room apartment worth 3,000,000 rubles, a car worth 1,600,000 rubles. and a plot of land for 450,000 rubles. The cost of the contract is RUB 5,050,000.

State duty: 5,050,000 x 0.5% = 25,250 rubles. This is more than the limit value, so only 20,000 rubles are paid.

There is an additional fee for drawing up an agreement with a notary.