Zhanna Margulis, family lawyer

“Your Honor, divorce me from this courtesan. How long did she do this before I left! What a shame, what a shame!” - the plaintiff shouted in the courtroom when her honor just left the deliberation room to declare the meeting open.

I recorded this statement on paper. and decided for myself that I would certainly use the public accusation of my client for engaging in prostitution, if the court, of course, reflected this fact in the protocol.

The judge sat down silently at the table, after which she announced that she was hearing a case on divorce and division of jointly acquired property in the form of a car purchased by the wife with allegedly “dirty earned money.”

Still from the film “Fatal Beauty”

We went through this process together with the client. My offer to learn a lot of new and interesting things about myself was accepted instantly(what was the husband’s first phrase already worth). The client immediately forgot about the petition asking for a period for reconciliation.

At the first meeting with the client, it seemed to me that the matter was not worth a damn, that the court itself would decide whether to divide the car or leave it with the wife. However, things took an interesting turn after the client reported that In addition to his main job in the office, he works part-time in free time, providing telephone sex services. Moreover, she worked part-time in this way even before the wedding, which her young husband knew right away. He took this information lightly and cheerfully, praising the bride’s ability to make money from the air.

Still from the film “Young and Beautiful”

And yet, the situation with filing a claim arose precisely because the phone was left in the wrong place. The husband read in it a correspondence with a friend, who admired my client’s ability to please men over the phone for money. But the fact that this happened over the phone did not appear in the correspondence. As a result, the husband's fantasy led him to the decision to leave his wife. And six months later, my wife bought a car.

According to the rules of the judicial process, the first word is always given to the plaintiff, and this meeting was no exception. The husband spoke for a long time, interjecting every word various synonyms for the word "courtesan", complaining that he only recently decided to file for divorce, although he should have done this a year ago, when he realized what a dirty business his wife, an escort, was doing.

When the judge asked me if I had any questions for the plaintiff, I answered “yes” and addressed him:

Do I understand correctly that in your opinion the defendant was selling herself?

I understand correctly that you knew about how does your wife do?

Yes! She earned dirty money! That's why I left her!

The judge was already smiling silently and understood what I was getting at.

Continue, lawyer, continue if you have any more questions.

Of course there is,” I answered joyfully and turned again to the client’s husband.

I understand correctly that you think that the car you are claiming to partition bought with dirty money?

Yes! You can’t buy such a car with a salary,” the husband, already in a raised voice, tried to convince the court and me that his wife was a fallen woman.

You have to pay for everything! Let him now pay for his shattered hopes!- Satisfied with his clearly prepared speech in advance, the husband finished his speech.

Still from the film “Los Angeles Confidential”

I just smiled and asked the court to apply paragraph 4 of Article 38 of the Family Code of the Russian Federation, according to which: “The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations, the property of each of them."

And the court, you know, left the car in the possession of my client without paying compensation to her husband, and not at all because she earned money by indecent behavior, which was never proven during the consideration of the case, but because in the lawsuit itself the husband indicated that the wife independently purchased a car after the end of the family relationship, and he had nothing to do with it.

The husband was disappointed with the court's decision and said a bunch of nasty things about ex-wife, which made her a little sad, but she was happy that she ex-lover will not receive compensation from her, quickly brought my ward to her senses.

Trust your loved ones and be happy!”

Do you have questions for a family lawyer? Write in the comments at in social networks and get answers to your questions.

Slaykovskaya Elena Vladimirovna(05/23/2012 at 11:29:56)

Dear Mikhail, first of all you need to know: was the apartment purchased BEFORE or AFTER? If the first thing is that the apartment is yours, feel free to dispose of it. If it’s the latter, you’ll have to fight for it. The fact is that there is a legal presumption: according to Article 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is community property, regardless of whose name it was acquired in. According to Article 39 of the RF IC, the shares of spouses are usually considered equal. Thus, if we leave everything as it is now, then the position of your ex-wife is this: by virtue of the law, she has the right to a 1/2 share in the disputed apartment, and she has the right to demand documentation of this right for further disposal. in this case are met. However, Part 2 of Article 34 of the RF IC establishes that the common property of the spouses is movable and immovable things, as well as any other property acquired by the spouses during the marriage, acquired at the expense of the _common income_ of the spouses. In accordance with part 3 of article 256 of the Civil Code of the Russian Federation, paragraph 1 of article 36 of the RF IC, paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 15 of November 5, 1998. “On the application by courts of legislation when considering cases about” (as amended by Resolution of the Plenum of the Russian Federation No. 6 of 02/06/2007), is not general joint property, acquired although during marriage, but with the personal funds of one of the spouses, which belonged to him before marriage, received as a gift or as a gift. Thus, you must prove that the disputed apartment was purchased at the expense of your personal pre-marital funds, and therefore is your personal property. There are three main problems here. First: Despite the fact that in accordance with clause 3 of Article 244 of the Civil Code of the Russian Federation, clause 1 of Article 33 of the RF IC and clause 1 of Article 42 of the RF IC, the regime of joint ownership of the property of one of the spouses can only be established until it has not been proven that the property is your personal, the absence of a marriage contract works against you. The court refers to the fact that you did not stipulate in the marriage contract that the apartment would be yours personally, therefore the regime of such property is legal, i.e. common for spouses. Second: since the cost of the apartment clearly exceeds 10 minimum wages, the court believes that, according to clause 2, part 1, article 161 of the Civil Code of the Russian Federation, you and your wife should have stipulated that the apartment is yours, in writing, and by virtue of article 162 of the Civil Code of the Russian Federation Failure to comply with the written form deprives you of the right to use witness testimony as evidence of such an agreement. However, you can provide other evidence (written, video, etc.). Third: you have the responsibility to prove to the court that the funds with which you paid for the disputed apartment are yours personally. Typically such evidence is: storage agreement Money, a bank account statement and similar documents, from which it is clear that you had the money BEFORE registering the marriage, and you cashed it (received it in your hands) on the day of the transaction to purchase an apartment. Otherwise, it is impossible to prove the identity of this money. Therefore, soberly evaluate your evidence. As for the possibility of disposing of this apartment at the present time, usually when dividing property, the plaintiff demands the adoption of interim measures, for example, a ban on disposing of the property before the adoption. If measures to secure the claim are taken, you will not be able to sell the apartment in principle. If measures to secure the claim were not taken, then the Office of the Federal Service for State Registration, Cadastre and Cartography, or when submitting documents, will require your ex-wife’s notarized written consent to such a transaction, or will notify her of the transaction, and within one year she will have the right challenge this deal.

Supreme Court explained something important about the division of debts during a divorce. To divide the debts, the borrower spouse needs to prove that the loan or loan was spent on family needs. If there is no evidence, after the divorce the debts will have to be paid to the person to whom they were registered according to the documents.

But for the division of property you do not need to prove anything. If there is no prenuptial agreement, everything jointly acquired is divided equally. And it doesn’t matter which spouse actually owns the apartment or opens a bank account and who invested how much money.

What's the story with the division of debts?

A husband and wife had been married for six years and decided to divorce. During their marriage, they bought two cars and a non-residential building with a plot of land. They also used credit cards and accumulated utility debts. They divided most of it through the court, but the matter did not end there.

The wife presented a loan agreement with interest, according to which she supposedly owed almost three million rubles to her friend. She allegedly took this money to buy real estate, which the couple divided in half. And now the husband will have to pay that girlfriend one and a half million rubles. This debt became the reason for further litigation.

The district court divided all the debts of the spouses equally as jointly acquired debts. The appellate court agreed with this. But the husband did not agree with this: he was not going to share his wife’s large debt, about which he knew nothing. The couple filed counterclaims in the Supreme Court.

What did the Supreme Court say?

The Supreme Court overturned previous decisions regarding the division of the disputed debt. And that's why.

According to the law, when purchasing property during a marriage, it does not matter to whom it is registered and who paid for it. It is believed that if one spouse bought an apartment, the other agreed to it and the apartment became common. In case of divorce, it will be divided in half.

Why on earth do you need to prove where the borrowed money was spent?

Because that's the law. Property is shared by default, but debts are not. In this story, the husband was unaware of the debt or did not know where his wife spent the money. Maybe she didn’t take them at all and specially drew up an agreement with her friend.

The one who once took on this debt and now wants to share it must prove that the debt is common. The second spouse does not have to prove anything.

How can one prove that the debts went to the needs of the family? What if it’s a cash loan or a non-targeted loan?

The court must examine all the circumstances. For example, what did the family buy after the husband took out a loan, who paid for the purchase and from what account. You can present receipts for the purchase of household appliances, an agreement with a finishing team, payment for a tour package, or early repayment of a foreign currency mortgage.

If a wife demands to divide the debt under a loan agreement for one million rubles, but does not present documents for a large purchase, after allegedly taking this money from her mother or sister, the court will have no grounds for dividing the debt equally. And if she presents an agreement for one million rubles, and only confirms with documents the purchase of a fur coat and a refrigerator, the court can divide only part of the debt between the spouses.

I'm not going to get a divorce, but I'm taking out loans for my family. What should I do?

Keep documents that confirm the expenses of borrowed money for family needs. These documents must be kept by the person for whom the loan is issued. If you want to divide property and debts during a divorce, you will have to prove where you spent the money. Property will be divided without evidence.

Conclude a marriage contract in which it will be written that you will divide specific property and a specific loan in this way, and each spouse will pay other debts independently. When new loans or property become available, change the prenuptial agreement.

If you are asked to apply for a loan for your wife’s mother, her girlfriend or cousin, think carefully. During a divorce, you will not be able to prove that this money went to family needs, and you will be paying off other people's debts.

I'm going to get a divorce and I'm afraid that non-existent debts will be assigned to me. What should I do?

Conclude a prenuptial agreement and agree in advance on the division of property and debts. If you can’t reach an agreement, get ready for court. If you are presented with debts that you did not know about, do not agree.

Even if in the first instance the court decides to divide such a debt and the appeal does not help, contact the Supreme Court. He had previously canceled decisions on the division of debts if there was no evidence or they were implausible.

Oh, come on. My friend made a fake loan agreement and sued her husband’s apartment for his part of the debt. This is a proven scheme!

The Supreme Court once again pointed out significant violations of the law in the courts of first instance. But this does not mean that such decisions on the division of property will never happen again.

If the husband from this story had not gone to the Supreme Court, he, too, would have remained in debt to one and a half million rubles and, perhaps, gave in ex-wife your part of the property. Or the bailiffs would have taken this property from him and given it to that girlfriend who seemed to have lent it to his wife.

One of the most controversial issues in a divorce is the dispute between former partners over the division of housing. This problem arises most acutely when the husband considers himself the only legal owner of the disputed housing and does not want to recognize any rights for his ex-wife. She, in turn, categorically disagrees with this formulation of the question. In the material presented, you can find out how to seize an apartment from your husband during a divorce, and what features this procedure provides.

In this case, the ex-wife has equal rights to the joint apartment with her husband and has the right to claim the allocation of a marital share in it. Usually there are no complications or problems in court regarding such disputes; the court satisfies the ex-wife’s claim. Additional requirements that may be stated if necessary:

Features of the housing section

To find out how to sue an apartment from your husband, you need to establish legal status apartments. The legislation allows the following forms of legal regime for the property of marriage partners:

• joint form of ownership - housing was purchased during marriage, shares were not allocated to it, husband and wife have equal rights to living space (as a rule, it is in this case that half of the apartment can be sued from the husband in a divorce);
• shared form of ownership - housing was acquired during marriage with the distribution of shares between partners, the size of shares is determined by agreement of the parties;
• personal form of ownership - premarital property of each citizen, as well as housing received through gratuitous transactions (in relation to these real estate objects, the question of how to win housing in a divorce will be irrelevant).

Important! In the process of family relationships, partners can change the legal regime of housing, including by concluding a marriage contract.

To find out how to sue an apartment from ex-husband, contact our specialists for help. We will clarify the legal regime of your family property and select the most effective option for asset distribution. Fill out the feedback form and receive detailed advice on your issue.

The apartment was purchased by the spouses during marriage

How can I sue my husband for an apartment purchased with common money, if according to the contract only the man acquired the right of ownership? In this case, the ex-wife has equal rights with her husband to a joint apartment and has the right to claim the allocation of a marital share to her. As a rule, no complications or problems arise in court regarding this category of disputes; the court satisfies the ex-wife’s claim. Additional requirements that, if necessary, can be stated by the spouse:

• elimination of legal violations and moving into the apartment;
• determining the procedure for using the apartment;
• division of payments for housing and utilities between owners.

In this case, after a judicial act is issued, each spouse will receive ½ share of the apartment.

The apartment was inherited by the husband during marriage or was given to him as a gift

How to sue an apartment received by a spouse free of charge during a divorce? In such a situation, the ex-wife will be able to claim part of the apartment only if, during life together Both spouses made a major overhaul (or redevelopment, or reconstruction) of this living space, and thanks to joint work and the investment of common funds in it, the cost of the apartment increased significantly.

Important! In court, the spouse claiming a share of the apartment will have to document the significance of the investment and the amount of improvement.

As a rule, this requires ordering an appraisal examination, which the court can order at the request of an interested party. If it is possible to prove an increase in the cost of the apartment, the court is obliged to award ex-wife her share in the apartment; otherwise, the claim will be denied.

How to sue privatized real estate when divorcing your husband? The issue with the husband’s apartment privatized before marriage is resolved in a similar way. If significant investments in housing are proven, the ex-wife has the right to count on her share. The size of the share is determined by the court, assessing the difference between the “pre-repair” cost of the apartment and its value increased as a result of improvement.

The apartment is municipal property, and the husband is the tenant

How to claim meters in an apartment during a divorce if the ex-spouses live in public housing? Under such circumstances, the husband may consider the apartment “his own” on the basis, for example, that the wife is “not registered” in this apartment, that is, while living in the apartment with her husband, she was registered at a different address, in a different residential premises.

The ex-husband is mistaken in attaching great importance to this circumstance.

Having moved into the apartment as a wife, that is, a family member, she acquired an equal right to use this apartment with him, and after the dissolution of the marriage she does not lose this right.

How to win a mortgage on an apartment during a divorce

If during the marriage the spouses purchased housing using mortgage funds, how to win the mortgage on the apartment? The following circumstances must be taken into account:

• with a mortgage, real estate is registered as common shared ownership, each spouse has rights to his share during a divorce;
• until the loan obligation is fully fulfilled, the residential premises are pledged to the bank and are not subject to disposal (including division in case of divorce);
• the spouse will be able to exercise the right to a share in the apartment only by restructuring the mortgage loan separately for the former partners, or by completely repaying the loan.

Thus, the solution to this problem will depend on the timing of the fulfillment of loan obligations.

How to sue an apartment during a divorce with shared ownership

With this form of ownership, each partner owns a certain share, the size of which they could set at their own discretion during the period of family relations. Hence, divorce proceedings It will be simple - each of the former spouses will own a previously determined share.

How to sue for an apartment in a divorce under a marriage contract

How can a woman sue at least part of the living space if, according to the terms of the marriage contract, the apartment is the property of the husband? So how to change in unilaterally If the conditions of the marriage agreement are impossible, the woman has only one option to protect her rights - going to court to invalidate the agreement.

Possible grounds for the invalidity of a contract include enslaving terms of the transaction, its conclusion under threat, delusion, as well as a significant deterioration in the position of one of the parties. If such grounds are confirmed in court, the apartment will again be recognized as joint property and subject to division on an equal basis.

How to sue half an apartment during a divorce

If, in the course of family relations, the spouses have not determined the shares in property assets, how to judge joint property? To do this, the court will apply the principle of equality of parties and assign each of the parties to the dispute half of the apartment.

The court can deviate from the principle of equality of shares only taking into account the interests of the child, or if the second spouse evades receiving income without good reason. In this case, the majority of the share will be given to the spouse with whom the child remains to live.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Tell your friends!

Divorce results in ex-spouses having to decide how to divide what they acquired during their life together. And at least the following questions immediately arise:

In general, you can read more than one lecture on each of the listed issues. Many aspects are discussed in detail on the pages of the company’s website. In this article we will make a brief analysis of the main points of these problems.

Each of the former spouses always acts in their own interests

And this is reasonable and normal. It is worth considering that the property interests of the former spouses are opposite. That is, if one person benefits from a speedy division, then another, on the contrary, benefits from delaying it. Everyone has the right to care only about their own interests and benefits. If delaying the division of property benefits you, you have every right apply any measures to achieve your result. No one can punish you for this.

If your case is an exception to this rule, consider yourself lucky. But it might be worth considering the following: No one will provide you with guarantees that the other side will not change their mind.

Is it possible to save on paying court fees when filing a claim, and if so, how? The answer is yes, there are a number of useful solutions: a master class from Inyusta lawyers.

The court resolves civil cases with the goal of establishing formal (rather than objective) truth. This means that the winner is the one who presents more significant evidence, who knows the law and the dynamics of the trial better, and not the one who is “humanly” right or evokes sympathy. This is the principle of adversarial behavior of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.

The division of property through the court makes up the majority of court cases among lawyers and attorneys family issues. The need to specialize in these cases and deal with them professionally is caused by the complexity and imperfection of both family and procedural legislation. Conflict, the very fact that people are “on opposite sides of the barricades” leads to the fact that the parties use mistakes and gaps in legislation to their advantage. A lawyer must know (predict) the nature and type of abuse, think through countermeasures, or also use inaccuracies in the laws in the interests of his client.

Family disputes are also characterized by the fact that former spouses take advantage of each other’s weaknesses, which they became aware of when there was mutual trust between them. We are talking about psychological influence on an opponent with the goal of saying too much “out of emotion” and making a mistake. This is another reason to seek help from a professional who relies on sound judgment and knowledge of the law.

A timely and correctly filed claim, painstaking work in court - this is what is needed for the result - a court decision in your favor

The division by mutual consent is formalized by a special transaction called an agreement on the division of property. Such an agreement can be concluded at any time after the divorce (in some cases, also before or upon dissolution of the marriage).

In addition to the above, it is worth noting another option for resolving property issues of spouses - by concluding a prenuptial agreement. This transaction can be concluded before the legal registration of divorce. A marriage contract has a number of advantages and disadvantages.

What happens if you don’t divide your property?​

Everything acquired during marriage has a special status - shared joint ownership spouses.

The law does not prohibit maintaining this property regime after a divorce. To simplify, we can say that until the division is made, the property remains common. The parties can file a claim or enter into an agreement on this property after a year, and after 5 and 10 years.

In 2019, however, it is advisable to take into account the following circumstances.

Firstly, after 3 years, one of the parties may declare that the statute of limitations has expired when filing a lawsuit with a demand to divide things.

Secondly, this form of ownership was developed specifically for the convenience of people living together, operating in Everyday life by mutual agreement and for the benefit of each other. Such co-owners are, as it were, at the same time full owners of things, and therefore each of them has an equal right to use (benefit), dispose of (let another person use it, pledge it, sell it) and own it. If you trust your ex-spouse or ex-wife, you can leave everything as it is and not share what you have acquired - until better times (option - until the relationship deteriorates or changes qualitatively in some other way). Many people are happy with this option.

But for many, uncertainty makes them feel uncomfortable and nervous. And it’s true, how can you remain indifferent if one day you unexpectedly meet in your (but still shared) apartment new wife(husband's) ex-other half! After all, the i’s are not dotted, which means that everyone does with the apartment what he sees fit (in our case, he moves in whoever he sees fit).

More information about the actions of our lawyers when conducting a case:

When conducting a case in court, we:

• We will understand the details of the case, assess the possible risks and advise you on the prospects of the case.
• Let's compose statement of claim, and a counterclaim (if you are a defendant), we will provide explanations on the case.
• We will provide assistance in collecting evidence or collect it ourselves, secure the evidence, initiate an examination, alternative examination, or property valuation.
• We will submit documents to the court of appropriate jurisdiction, and speak in your defense at preliminary and court hearings on the merits in courts of all instances.
• Let us present objections regarding the argumentation and evidence of the opposing side.
• We will make sure that your position is properly reflected in the procedural documents.
• We will submit petitions and statements necessary to conduct the case and protect your interests.
• We will appeal court rulings made during the case if they violate your rights.
• We will receive a court decision, a writ of execution and transfer them to you, and we will carry out enforcement proceedings.
• If you have previously turned to an unqualified lawyer and the decision has already been made, but you are not satisfied with its content, we will appeal to the court of appeal, cassation and supervisory authority.

The world section includes the following work:

• We will draw up a draft settlement agreement.
• Let's consider the already drawn up draft agreement, transactions and their options and provide recommendations on their signing/non-signing.
• We will register the transfer of rights to real estate in the state. authorities, we will receive certificates of title and pass them on to you.INUSTA

  Tax authorities, arbitration courts, MAP, a number of other government agencies. bodies are specific regulators in the implementation of entrepreneurship. Handling them requires knowledge of a large number of regulations and procedures. Our specialists have extensive experience in communicating with government data. authorities and will best represent your interests.