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.
What to do if the deadline has passed
The interested party should contact the judicial authority with a request to restore the missed period of time.
Among the reasons that are grounds for renewal
statute of limitations include:
- Plaintiff's illiteracy.
- Helpless state.
- Severe illness, such as acute pneumonia or meningitis.
Keep in mind that the court usually recognizes these reasons as worthy of attention if they were present in the plaintiff’s life over the last six months of the limitation period. In addition, the plaintiff must prove these facts with conclusive evidence.
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.
When deadlines are extended
| Reasons for extension | A comment |
| Suspension of the statute of limitations | It occurs in the following circumstances:
If the above circumstances have ceased, and less than six months remain before the end of the time period, then the period is increased to six months. |
| Leaving the plaintiff's claims without consideration | If the judge refuses to consider the plaintiff’s claims, then he may demand an increase in the statute of limitations if two grounds are simultaneously present:
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| Interruption of the limitation period | The time period of limitation resumes its flow again after a break, which arises due to the fact that the defendant takes actions aimed at recognizing the plaintiff’s claims. |
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.
Is it possible to divide valuables after the divorce procedure is completed?
The Family Code of the Russian Federation allows you to file a claim for division of property at different stages of marriage. This is discussed in Article 38 of the IC.
Not only is it possible to divide property during a divorce, but also:
- before the wedding;
- after complete dissolution or marriage.
If a divorce has already occurred, division can be accomplished in two ways. In the first case, the parties enter into an agreement on the delimitation of rights regarding common property. Any share ratio can be specified in the contract.
The second method is a trial. Joint property will be divided in half. Despite the fact that there are no time restrictions regarding the division of jointly acquired assets, it is not advisable to delay the procedure too much.
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.
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.
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.
Documents that will be required
Many people are interested in the timing of filing a claim for division of property during a divorce. Information regarding required documentation will also be helpful.
You will need to add to your application:
- duty payment receipts;
- a copy of the parties’ passports and the birth certificate of a minor child;
- a copy of the papers that confirm the right to property;
- the result of an expert assessment if there are difficulties in determining the value of common values.
These are the main documents that are needed. You can also add to the list papers that, in the plaintiff’s opinion, are important in the case. This may be a certificate of expended maternity capital funds, purchase receipts and other documents.
The period for dividing property during a divorce may be extended if the state fee is not paid for some reason. Documents will not be accepted and proceedings will not begin until all conditions are met. Therefore, it is better to pay the duty immediately.
The amount of state duty is not fixed. How much you have to pay depends on the claims made by the plaintiff. The minimum amount is 400 rubles, the maximum can reach 60,000 rubles.
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.
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.
What can be divided during a divorce?
As a general rule, all property acquired during marriage is subject to division.
Usually during the divorce process the following is distributed:
- all real estate, regardless of its type;
- vehicles without taking into account their type;
- money, deposits, shares, business;
- furniture, luxury goods.
However, not only property, but also debts are subject to division. Liabilities to banks and other institutions are distributed between the couple.
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In practice, a couple may stop living together long before the marriage ends. In this case, all property that the parties purchased before the official termination of the relationship is also considered jointly acquired and is subject to division. The exception is when the spouse proves that the other party did not participate in the purchase of the property. The rule also applies to debt obligations. Part of the property is not subject to division. The list of property that is recognized as an exception is reflected in the current legislation.
The following objects cannot be divided:
- purchased before the official registration of marriage;
- received as a gift;
- inherited.
Additionally, the belongings and property of minor children are not divided, regardless of the value of the property. An object owned by children can be used by the parent with whom the child owner lives.
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.
Division through the judiciary
It is not always possible for a couple to reach an agreement peacefully. Each party has every right to contact a government agency that will resolve the problem. It is difficult to say how long it will take to process the division of property after a divorce. It all depends on the circumstances of the case. All you need to do is write an application and pay the fee to start the process.
When dividing the joint property of the spouses, the judge will choose the principle of equal shares. The ex-husband and wife can use the property by establishing rules. We will use the option when common valuables are sold and the resulting amount is divided between the spouses.
Sometimes one party becomes the sole owner, paying compensation to the other. The amount corresponds to half the value of the property. If possible, division is performed physically. You can divide the accumulated amounts or some living quarters.
