If the husband and wife cannot reach an agreement during the division process, the judicial authority comes to the rescue. This article is about how the legal process of property division occurs.

How is property divided during divorce?

1. Divorce without division of property. Sometimes spouses decide to separate but take no action regarding the property. Most often, the reason for this is the reluctance to argue and sort things out, collect documents, and go through the authorities. But even if at the time of divorce the spouses agreed on the ownership and disposal of common property, this does not mean that conflicts will not arise in the future. Therefore, “leaving everything as is” is not the best option.
2. Reach an agreement. A more preferable option for husband and wife is to divide the property peacefully and put the agreement in writing. The spouses draw up an agreement on the division of property (clause 2 of article 38 of the Family Code of the Russian Federation). The notarized Agreement is mandatory.
3. Fulfill the terms of the marriage contract. If, before marriage or directly during marriage, the spouses entered into a marriage contract, the terms of which provided for the procedure for dividing acquired property, upon divorce these conditions must be met.
4. Go to court. Any disputes regarding the division of property can be resolved in court. Even if spouses have entered into a prenuptial agreement or an agreement on division of property, this does not deprive them of the right to go to court in the event of a dispute.

The procedure for dividing property through court

The procedure for dividing property is regulated by several legislative acts, including the Family Code of the Russian Federation, the Civil Code of the Russian Federation, and the Civil Procedure Code of the Russian Federation.

This procedure represents the allocation of the shares of the husband and wife from the common property acquired during the marriage.

The division of property can be carried out:

1. During marriage. Spouses can divide property at any time, including during marriage. Property acquired after division will be common property. If the spouses divided the property and actually stopped family life(they do not live together, do not have a joint household), they should take care of documentary evidence of personal ownership of all acquired property - otherwise it will be considered joint, which means that in the event of a divorce it will be subject to division;
2. Simultaneously with the divorce process. In this case, two statements of claim (or one statement of claim with several claims) – for divorce and division of property, which are considered simultaneously or one after the other.
3. After divorce. It happens that spouses have already divorced, but are in no hurry to divide everything that belongs to them. In this case, this property remains joint. You can divide it at any time, but you should remember the statute of limitations. Read more about this in the article "".

Filing a claim for division of property

To divide property in court, you need to file a statement of claim. It must contain all essential circumstances: personal and contact information of the spouses, information about marriage and divorce, a list of property acquired during marriage, as well as evidence that this property is personal or joint.

More information about drawing up a statement of claim (with a sample for downloading) can be found in the article “”.

A claim may be filed:

• At the place of residence of the defendant;
• At the location of the real estate or material assets that are the subject of the division;
• At the place of residence of the plaintiff, if minor children live with him.

If the cost of the claim exceeds 50 thousand rubles, the case will be considered by a city or district court. If the cost of the claim is less, you can go to the magistrate's court.

Documents to submit to court when dividing property

In addition to the statement of claim, the following documents must be submitted to the judicial authority:

• Certificate of marriage, divorce, birth of children;
• Property documents (agreements, certificates, receipts, checks, bank statements, cash receipt orders, technical documents, registration documents);
• Appraisal documents on the value of property;
• Power of attorney, if documents are submitted by an authorized person on behalf of the plaintiff;
• Receipt for payment of state duty.

What does the court take into account when considering a claim? Judgment

When considering claims for division of property, the court adheres to the following algorithm.

First, it determines which property is personal (not subject to division) and which is joint. Then it determines the shares of each spouse. By default, the shares are equal – joint property is divided equally. But if a marriage contract was concluded between the spouses, it may provide for other shares.

After this, the court divides the property according to shares. If the exact division cannot be completed, one of the spouses gets the majority of the property - but then he is obliged to pay monetary compensation to the other spouse. Debts of spouses are also subject to division in accordance with shares.

Sometimes the court deviates from the principle of equality of marital shares, even if there is no marriage contract. This happens extremely rarely. The basis for such a decision may be the presence of minor children remaining with the wife or husband. Or misuse of marital funds by one of the spouses during family life.

Settlement agreement

Until the court makes a final decision, the spouses can enter into a settlement agreement. They have the right to divide the property at their own discretion, not necessarily equally, as a court would do.

The settlement agreement is drawn up in the form of a written document, which has the force of a court decision and is therefore subject to mandatory execution.

But if, in the process of fulfilling the terms of the agreement, it turns out that it was concluded under the influence of threats or pressure, the court may declare it invalid and make a decision on the division of property at its discretion.

Issuance and entry into force of a court decision

After the consideration of the case is completed, the court retires to the conference room and makes a decision.

The court's decision will not necessarily comply with the claims. The court will divide the joint marital property according to the law (or according to the terms of the marriage contract).

How to divide property between spouses, spending the least amount of money and nerves - this is what our article is about.

I tried to answer all the basic questions as fully as possible and correctly structure the material for ease of navigation, so I think this article most convenient. Yes, it turned out to be probably the most voluminous, but you no longer have to collect information from several sources on the Internet.

As always, you can ask for all the nuances in the comments - we will answer as quickly as possible.

Specialist of the portal TopYurist.ru: Vadim Kalyuzhny.

When entering into a marriage, neither spouse usually thinks about a future divorce. However, unfortunately, many marriages break up, and before ex-husbands and the wife is faced with the question of how to divide what has been acquired over time married life. Let's see what the law says about the division of family property after a divorce.

○ What types of property are there?

The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) provides that property can be located either in citizen's personal property(or a legal entity, but we will not talk about them now), and in common property two or more persons.

By default, common property is considered shared when it is known in advance which of the owners owns what part of the value of the thing. However, the law makes an exception for the property of spouses: according to Art. 256 of the Civil Code of the Russian Federation, the property of spouses is joint property. The difference here is that the shares here are not predetermined or allocated. Spouses jointly own and use all things belonging to them.

However, the law provides for a number of cases when the property of spouses has a different legal regime:

1) That which belonged to a husband or wife before marriage, or was given or inherited during marriage, is personal property to which the other spouse has no connection.

2) Things that only one of the spouses uses (clothes, shoes, hygiene items, etc.) are the personal property of the person who uses them, even if they were purchased with common money. The only exception here is luxury items: even if only the wife wears gold jewelry, it is their joint property with her husband.

3) Copyrights for books, inventions, soundtracks of music or songs belong to the person who authored them. However, all income received from the use of these copyrights (publishing, film adaptation, etc.) will already be joint property.

4) Target payments received by either spouse are also not included in the community property. For example, if a wife was injured as a result of an accident, and she received monetary compensation from the person responsible for the accident, the husband will have nothing to do with this money.

However, with personal property things are not so simple. Art. 37 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation) states that if property, even if it is personal, has been significantly improved at the expense of the funds or labor of the other spouse, then it can be recognized as already in joint ownership.

Finally, to complete the topic of personal and common property of the spouses, it should be said that all of the above applied to cases where the husband and wife relied solely on the law. If, before or during marriage, they entered into an agreement between themselves on the division of property (I have already published, which can be downloaded) or signed a marriage contract, in which you can indicate in advance the ownership of the property and about which I am talking - here the status of the property can be any, provided for by these documents.

○ General procedure for dividing property during a divorce.

Before talking about the division of property, it should be said that the division of property is a concept whose relationship is not absolute. The fact is that spouses can divide property during marriage (voluntarily or at the request of a creditor against one of them).

In addition, the divorce itself, even if it occurs in court (such a procedure exists if children were born in the marriage), does not provide for the automatic division of property: the former spouses need to deal with this separately, including such a requirement in or making the division themselves.

✔ How is common property divided?

By law, shares in property that were joint during the marriage are considered equal. The income level of each spouse does not matter. However, in a number of cases deviation from this principle is allowed:

• If the spouses entered into a marriage contract or some other agreement that part of the property is transferred to the personal property of one of the spouses.
• Items purchased exclusively for minor children (clothing, books and textbooks, children's furniture, etc.) are not subject to division. These items are received by the spouse with whom the children remain.
• If the division occurs in court, the court has the right to increase or decrease the share of one of the spouses. This is possible both in the interests of the spouse with whom the minor children remain, and in some other cases.
  For example, if one of the spouses spent money to the detriment of the interests of the family and had no income without good reason, his share will be reduced; if the spouse could not earn money due to illness or other emergency circumstances, the court may increase his share.
• If some property was acquired, even during marriage, but with funds received by one of the spouses before marriage, the court may recognize this property as personal property that is not subject to division.

✔ Procedure and procedure for dividing common property.

It is assumed that property issues, like other family problems, are resolved within the family by spouses by mutual agreement. This fully applies to the division of property. Both during a divorce and before it, a husband and wife have the right to determine for themselves what specific things belong to which of them, by concluding an agreement on the division of property and having it certified by a notary in order to avoid disputes in the future.

However, unfortunately, peaceful division does not always occur. And if there is a dispute about property between spouses, they can go to court with a corresponding claim.

It must be taken into account that if the division affects the interests of third parties, the court may separate the dispute over such property into separate proceedings. Then this case will be considered separately, without connection with the divorce and division of the remaining property.

Based on the results of the meeting, the judge makes a decision in which he determines which of the disputed items belongs to which of the spouses. In the same case, if the thing cannot be divided, and its value clearly exceeds the share of the spouse, the court has the right to give it to someone alone, but with payment to the other spouse of the difference in value between the value of the thing and the value of the share.

✔ Division of personal property.

As I already said, in addition to joint property, spouses can also have personal property. This property, in general cases, is not subject to division and remains the property of the spouse to whom it previously belonged.

In order not to repeat ourselves, we can only add that, in addition to gifts, personal property includes everything received through gratuitous transactions (for example, etc.). In addition, the court may classify as personal property items acquired by one of the spouses after their cohabitation has ceased. However, in this case, the court will already need evidence that, for example, a specific washing machine purchased by the wife, although before the divorce, but after the husband left the family and only at her own expense. How exactly such questions are proven will be discussed below.

✔ Required documents.

If the divorce case has reached the judicial division of property, then for the court proof will be required. However, since the spouses can own virtually anything, it is difficult to determine in advance the list necessary documents which will have to be presented in court. However, there are some that will be required anyway:

• A certificate of marriage and, if the division occurs after a divorce, of its dissolution.
• If children were born in the marriage - birth certificates.
• List of property subject to division. It must be remembered that the court will only make a decision regarding what is included in this list. If the plaintiff loses sight of something, he will have to divide this thing separately - by agreement or in separate legal proceedings. It is highly advisable to indicate (even approximately) the value of the property in the list.
• Copies of documents for certain expensive items. There can be anything here: certificates of ownership or extracts from the Unified State Register of Real Estate for real estate, registration certificates for cars, checks and receipts for the purchase of expensive household appliances or furniture, bank account statements, etc.
• If during the process it is intended to increase the plaintiff’s share, then documents proving the need for such an increase (in case of illness - copies of medical documentation, etc.).

More details on how exactly the division of specific types of property occurs will be discussed below. It should also be remembered that not only documents can be used as evidence. For example, if we are talking about the actual termination family relations Before marriage, witnesses may be called to court, and the court is obliged to take their testimony into account.

○ Division of real estate during a divorce: apartment, house, land.

The biggest problems in a divorce usually arise with real estate. Usually they are the most expensive of the family property, and the main disputes arise around them. In addition, according to the law, all real estate transactions and any change in ownership are subject to state registration and data entry into the Unified Register (USRPN).

Let's try to take a closer look at how exactly the partition occurs different types real estate.

✔ Division of an apartment during a divorce.

The most common type of real estate that is divided during a divorce is an apartment. And here the main difficulties are related to the fact that, on the one hand, Art. 40 of the Constitution of the Russian Federation directly establishes the right of everyone to housing, on the other hand, an apartment is the same type of property as everything else, and Art. 35 of the same Constitution protects the right to private property. And the main task here is to find the right balance between these two norms.

Below we will describe exactly how the division of an apartment occurs, depending on the basis on which the spouses previously used it.

✔ How to divide a municipal apartment?

Despite privatization that has been going on for many years, many families still live in apartments owned by municipal authorities.

It is necessary to remember here that since such an apartment is not the property of the spouses, it is not subject to division. In this case, we can only talk about determining the procedure for using this apartment.

In particular, according to Art. 69 of the Housing Code of the Russian Federation, divorce is not a basis for any of ex-spouses: if a person is still registered in this apartment and continues to use it, he has the right to live in it after the divorce, but is obliged to participate in paying for utilities and other payments related to the use of the apartment. At the same time, the former spouses, if they continue to use the apartment together, must take care of renewing the social tenancy agreement.

In addition, divorce is not an obstacle. A citizen using an apartment on the basis of a social tenancy agreement has the right, in accordance with the law of the Russian Federation “On the privatization of housing stock in Russian Federation", acquire ownership of a share in this apartment. However, we must remember that privatization is possible only until March 1, 2016.

Alternatively, in the event of a divorce, it is necessary to take care of the privatization of the apartment in advance, and then, using the rights of common ownership, divide it.

✔ We are dividing a non-privatized apartment after a divorce.

In addition to municipal housing, other types of housing, in particular office housing, may also be non-privatized. The same rules apply here as for municipal apartments - that is division of such housing is also impossible, however, it is permissible for one of the spouses to retain the right of residence.

The only feature that you need to pay attention to is that service apartments, unlike state and municipal ones, cannot be privatized, but can be purchased with the consent of the owner organization.

✔ How is an apartment divided in a mortgage?

An apartment purchased with a mortgage can be divided, since it is jointly owned by the spouses. In this case, it does not matter at all which spouse entered into an agreement with the bank - both will have the right of ownership.

However, it should be remembered that the division of an apartment taken on a mortgage is possible only with the indispensable participation of the bank that issued the loan. The fact is that during a divorce and division of such an apartment, the parties to the collateral agreement change, so any actions with the apartment will require the consent of the bank.

There are several possible options here:

• The bank reissues the mortgage agreement, and both spouses continue to pay the loan separately.
• With the consent of the bank, the apartment is sold, the debt to the bank is paid off from the proceeds, and the remaining amount (if any) is divided between the spouses.
• One of the spouses renounces his share in the mortgaged apartment, and the spouse who received it continues to pay the mortgage.

This list is far from complete. There is no single solution, since a possible dispute over an apartment is tripartite (for two spouses and the bank). There are many possible solutions, and it is impossible to recommend any one of them without knowing all the terms of the mortgage agreement. Even judicial practice on the division of such apartments is extremely varied. In this matter it is better on housing issues.

✔ Division of a privatized apartment during a divorce.

Since privatization is a free transaction: citizens do not buy housing, but receive it for free, paying only fees for paperwork. That is why privatization is equivalent to donation, and the privatized apartment becomes the personal property of the privatization participants.

In practice this means the following:

1. If the apartment was initially privatized for all family members, then no difficulties arise. After a divorce, both husband and wife simply receive the shares that were recorded on them during privatization.

2. If other family members living in the apartment participated in the privatization, then their shares remain their property and are not divided between spouses. This should be remembered, since in other cases the same children do not have rights to their parents’ property during their lifetime, and if the apartment were purchased, they would not receive their share.

3. If one of the spouses at one time refused to privatize a share in the apartment, one can only sympathize with him. He no longer has any property rights to this property. The maximum he can count on is to obtain through the court the right to live in an apartment, but even then only for a certain period, and not forever.

4. If the apartment was privatized before marriage, then it is also not divided - it is entirely the property of the spouse who participated in the privatization. The second one gets nothing here either.

Thus, in order not to lose housing during a divorce, it is necessary either for both spouses, or during the marriage, to enter into a contract, including apartments.

✔ Is it possible to divide the donated apartment?

In short, no. I’ll explain why: if the apartment was received by one of the spouses as a result of a gift, it is also not subject to division, because it is already the personal property of the person who received such a gift.

✔ How is the house divided?

If, during a divorce, it is not housing in an apartment building that is divided, but a separate residential building (cottage, etc.), all the same rules apply to it as for an apartment. Namely: if it is jointly owned, then upon division, each spouse is allocated a share in the property right - usually equal. One of the spouses also has the right to refuse the share, demanding in return monetary compensation in the amount of its value. If the house is the personal property of one of the spouses, then it is not subject to division.

However, in relation to the house, unlike most apartments, the following option is possible: physical partition. In this case, through redevelopment, the house is divided into two isolated living spaces (with separate exits, separate power supply, water supply, etc.), each of which goes to one of the divorcing spouses - with the possible payment of compensation if the area differs greatly.

In addition, if at the time of the divorce the house was not completed, then such cases are considered separately. Now judicial practice, generalized Supreme Court RF, it develops in such a way that the court usually takes into account which of the former spouses has the opportunity to complete the construction. As a rule, the house in kind goes to this spouse, and the second receives monetary compensation.

✔ Who will get the dacha after divorce?

There is a separate question about the division in the event of a divorce of this type of real estate such as a dacha. The fact is that this concept often means completely different structures - from a primitive shed to a full-fledged residential building in which you can live all year round.

If the dacha has been recognized as a residential premises (and this is a separate and rather complex issue), then the same rules apply to it as to the house - with the only difference that the dacha, as a rule, is not the only residence for family. In this case, a situation is possible when one of the spouses receives ownership of a city apartment, and the other - a dacha, while someone will have to pay the difference in value between the share in the cost of the apartment and the dacha. It is also possible to divide the dacha in kind - just like at home.

If the dacha is not residential, then, as a rule, it is not divided in kind, and the court only establishes the share in the ownership of each spouse, and, at the request of the plaintiff, also the procedure for use.

✔ Division of land during divorce.

Separate rules also apply when dividing land plots. The fact is that here, in addition to the norms of the Civil Code of the Russian Federation and the Investigative Committee of the Russian Federation regulating the legal regime of personal and joint property, it is also necessary to take into account the rules of the Land Code of the Russian Federation and other norms regulating the circulation of land.

The fact is that for each category of land that has a different purpose, the law establishes a minimum area at which the allocation of a plot in kind is allowed. It would seem that a plot of land, unlike a house, apartment or cottage, can be divided in any way - you just need to draw a boundary. In fact, if the area of ​​the allocated plots turns out to be less than the minimum established ones, it is not the plot that is divided, but only ownership of it.

The specific dimensions of the minimum areas are established differently in different regions of Russia, therefore, when dividing a plot, it is necessary to take into account not only federal, but also local legislation.

○ Division of movable property during divorce.

Unlike real estate, movable property is divided between spouses much more easily, however, there are a number of nuances here too. Let's look at them.

✔ Who will get the car?

A car, being a complex technical device, under no circumstances can be divided in kind. Consequently, no matter how the division of property develops, the car always goes to one of the spouses. The only thing that can be done if in the end the spouses do not come to an agreement on dividing the car is to sell it and divide the money already received.

If the car is part of the property that is divided in court, then the court will most likely, among other issues, take into account which spouse has a driver's license, who used the car more often, as well as other circumstances. For example, if, as a result of the divorce, the children remained with the mother, she has a driver’s license, and it was usually she who drove the children to school, then there is a high probability that she will get the car in kind.

Most couples enter into family relationships out of strong love. But this does not negate the opportunity to foresee and plan in advance how relationships will develop in the future. Moreover, not only personal, but also property relations. Planning acquisitions, dividing income and belongings, repaying debts - all this is not only allowed, but also encouraged in marriage.

Thus, division of joint property is possible not only upon divorce, but also upon life together. Let's consider what methods are provided by law for dividing the property of a husband and wife without divorce.

Is it possible to divide property without divorce?

The Family Code directly provides that the division of joint property is possible not only after divorce, but also during marriage(Article 38 of the RF IC).

In general, the property rights and obligations of a husband and wife are regulated in detail by Chapters 7-9 of the RF IC. First of all, we are talking about the joint property of the spouses, that is, about real estate, cash savings, vehicles, things - everything that was acquired during the marriage.

What is shared?

Only joint property acquired during marriage is subject to the division procedure. This includes:

• Money earned or received by husband and wife (salary, profit from business, pension, scholarship, social benefit);
• Real or movable property;
• Deposits, securities, shares in authorized capital.

For more information about what relates to joint property and is subject to division, read the article “”. The principles for dividing property in marriage are exactly the same as in divorce.

It does not matter who earns how much, who acquires and uses the property. Both husband and wife have equal rights to it. After all, most often in families a patriarchal distribution of roles is practiced: the man earns money, and the woman manages everyday life and raises children. However, a woman has the right to claim half of everything a man earns. The exception is the spouse who spends recklessly family funds without contributing to the family budget. In this case, the right to half of the joint property may be reviewed by the court.

What is not shared?

Most spouses are afraid that the division will affect not only joint property, but also personal property - that which was acquired long before marriage or on special grounds during marriage. There is no need to be afraid of this - family law protects personal property.

Not subject to division:

• what belonged to the husband or wife before marriage;
• something that was acquired, albeit during marriage, but with personal funds that belonged to the husband or wife before marriage;
• what was given;
• what was inherited;
• what is necessary for personal use - clothing, shoes, tools, accessories.

For more information about what is personal property and is not subject to division, see the article “”. The principles for dividing property in marriage are exactly the same as in divorce.

Some personal property may well become joint property. The reason for this is to increase its value due to Money, labor, time of spouses.

Methods of division without divorce

Let's return to the issue of division of joint property in marriage. Article 38 of the Family Code provides for two main methods of division:

• Division by consent of husband and wife;

If we are talking about property whose value does not exceed 10,000 rubles, an oral agreement is sufficient. If we are talking about more expensive property, it is impossible to do without drawing up written documents that will regulate the procedure for ownership, use and disposal of joint property, as well as its division - both during marriage and upon divorce. Such documents are the Marriage Agreement and the Property Division Agreement.

• Judgment Section.

Such a step is a necessary measure if it is not possible to reach agreement peacefully. The trial for the division of joint property can be carried out separately from divorce proceedings.

Division of joint property by agreement

As mentioned above, for the division of joint property, a husband and wife can draw up documents such as a Marriage Agreement and an Agreement.

Agreement on the division of joint property in marriage

This document may provide for absolutely any agreement between husband and wife regarding the division of joint property (list and description of property, value, size of shares, division procedure). With the exception, of course, of agreements that clearly violate the rights of one of the spouses (see ““).

The agreement can be drawn up as regards everything common property, so specific property object(residential property, land, vehicle). Several Agreements may also be drawn up.

Both simple written form and notarization of the document are allowed.

Marriage contract

A document such as is becoming increasingly popular among conscious married couples. Although it, like the Agreement, may provide for the procedure for dividing joint property in marriage and divorce, there are significant differences:

• division is made not only of the property available at the time of conclusion of the contract, but also of future property;
• the document provides for the conditions for the entry into force, validity and cancellation of the marriage contract;
• the document must be in written form with official wording and must be notarized.

The validity of the marriage contract applies only to the period of existence of the family, and terminates after the divorce (see ““).

The legal process of dividing joint property in marriage

If a peace agreement is unattainable, you have to go to court with a statement of claim. As you know, property can be divided in court not only simultaneously with the divorce process, but also separately from it. The defendant has the right to disagree with the arguments and claims of the plaintiff, and.

The court divides property acquired during marriage in accordance with the provisions of family law (Articles 34-39 of the RF IC). At the same time, the court examines all the circumstances: family relationships, material well-being, the contribution of both spouses to the financial support of the family, to the acquisition and improvement of property, to raising children, etc.

As a rule, the court is guided the principle of equality of shares between spouses, and divides the property equally, but in exceptional cases the shares of the spouses may be recognized as unequal. Property belonging to children is not divided between parents.

How to file a claim?

In the statement of claim for the division of joint property, you must indicate:

• Name of the court;
• Details of husband and wife (full name, residential address);
• Data on marriage (date, place);
• Data on minor children born in marriage;
• A list of property that the husband and wife intend to divide;
• Ownership of property (personal or joint);
• Who initiated the acquisition, who contributed more, who uses or needs the property more, who lays claim to the property;
• The value of joint property;
• How should joint property be divided?
• Date of filing the claim;
• Plaintiff's signature.

Sample statement of claim for division of property of spouses in marriage 2020

You can view a sample statement of claim below:

Documentation

Documents must be attached to the statement of claim, which confirm the fact of acquisition of property (indicating the date, place, cost, registration), ownership (personal or joint). In addition, the following documents must be attached:

• passports of husband and wife;
• marriage certificates, birth certificates of children;
• extracts from the house register (archive);
• agreements and certificates of ownership of property (new sample - extract from the Unified State Register of Property Rights).

The claim will not be accepted without a receipt for payment of the state fee! Calculations are carried out in accordance with Art. 333.19 Tax Code of the Russian Federation. The minimum amount of state duty is 400 rubles, and the maximum is 60,000 rubles. A receipt for payment must be attached to the claim.

Principles of division of property in marriage

Basic principles of division of joint property in marriage:

1. All divided property passes from joint ownership to separate ownership. But everything that will be acquired after this division will again belong to the husband and wife as joint property. An exception is the conditions of the marriage contract, according to which all property that is expected to be acquired in the future has already been divided.
2. If property is divided voluntarily, the husband and wife may receive different shares. If the court is involved in the division, most likely the division will be carried out equally.

Read our articles "", "

Divorce and the subsequent division of property is one of the most problematic and controversial cases that lawyers and ordinary citizens have to deal with. Despite the fact that the main provisions regarding the division of property are enshrined in law in Article 38 of the Family Code and Article 256 of the Civil Code, this does not reduce the number of difficulties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Sample statement of claim

The statement of claim is submitted to the court office. There are recommended forms for filing a claim, they can be found at the information stand in the courtroom or requested from the office. You can also entrust the preparation of a court application to a specialist.

The statement of claim must include:

1. name of the court;
2. information about the plaintiff and the defendant;
3. information about marital status;
4. data on property, grounds for possessing the disputed property;
5. the cost of the claim (the total value of all property);
6. specific requirements.

You can use this sample application for division of property: Download.

Required documents

Along with the claim, you will need to provide the following documents to the court:

1. your passport;
2. passport or birth certificate of the child or children;
3. a document certifying marital status - a certificate of marriage or divorce, or a court decision or an extract from a court decision, if the certificate has not yet been ordered;
4. certificate of family composition;
5. assessment of the disputed property (ordered from an independent appraiser);
6. receipt for payment of state duty.

Payment of state duty

The amount of the state duty is established by Article 333 of the Tax Code and depends on the value of the claim. The higher the cost of the claim, the higher the state duty. It will need to be paid before filing an application with the court; if you wish, you can include a claim for reimbursement of legal costs in your claim. If the claim is filed with the mutual consent of the spouses, then they must pay the state fee in equal amounts.

Conclusion

In order for all the information presented in the article to form an overall picture, we recommend viewing it again in this structured form:

This is a kind of cheat sheet for the division of property. Examples from judicial practice.

Property to which each spouse is entitled, which is called joint property, includes any property acquired during the marriage. Personal items are not considered joint property, with the exception of things that can be classified as luxury items, for example, expensive jewelry. The property of each of the spouses, which they owned before entering into the marriage, is not considered joint, except in cases where, through investments made during the marriage, the monetary value of this property was increased, for example, an apartment was renovated or reconstruction was carried out. Even if one of the spouses did not have his own source of income due to significant circumstances, in any case, property acquired during marriage is recognized as joint property, in accordance with paragraph 3 of Article 34 of the RF IC. These rules apply unless otherwise stated.

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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When owning property jointly, each owner has the right to use it, for example, if both spouses own an apartment, then each has the right to live on its territory. However, property cannot be disposed of, for example, sold, without the consent of the remaining owners, according to.

Division of property during divorce: basic concepts

Spouses, in order to claim property acquired during marriage, must be registered with the registry office: the law only protects official unions. In order to go to court with a demand to divide property, it is not necessary to get divorced; such a requirement falls under and the corresponding claim can be fully satisfied in court. However, this situation is rare and most often occurs during a divorce in court. In addition to the spouses themselves, the creditor may also require the division of joint property, according to.

If one of the spouses died before the dissolution of the marriage, then the closest relatives, first of all the other spouse, claim their part of the property, unless the will provides otherwise. In order to receive his share of the common property, it is required where to obtain the appropriate certificate for the property (the right to ownership of it or his share) that was acquired jointly. In this case, the consent of the remaining heirs is not required. You can enter into inheritance rights six months after the death of your spouse.

To divide property when there is no property dispute, you can also contact a notary. However, in a controversial situation, it is necessary to submit a demand for division of property to the courts. Property claims can be made not only during the divorce process, but also after it. By law, spouses have the right to own equal shares of common property, with the exception of personal items. If the value of the property transferred into undivided ownership exceeds the share of one spouse, then the second is entitled to compensation in cash equivalent. Spouses do not have the right to claim items purchased for minor children or bank deposits in their name - in this case, the spouse with whom the court determines their residence during the divorce will dispose of the property until the children reach adulthood. To property, not subject to division, also include property donated by the state or purchased with targeted payments from the state. According to paragraph 4 of Article 38 of the RF IC, property that was acquired by spouses after the termination of family relations, the court may recognize as personal and not joint.

You can make demands for the division of property during a divorce within three years from the date of divorce.

How are the shares of spouses determined when dividing property?

By law, spouses have the same equal rights to all common property, unless otherwise provided by the marriage contract. However, the share of a husband or wife in joint property can be reduced or increased by respecting the interests of young joint children for worthy reasons (for example, loss of ability to work of one of the spouses or malicious evasion of work and spending of common funds to the detriment of the family), as well as in the case if one of the spouses disposed of joint property, for example, sold a car purchased together without the knowledge and consent of the other spouse and hid the income received.

If the spouses signed a marriage contract, then the court takes into account the points written in it, if they do not contradict the current laws of the Russian Federation. Judicial practice of division of property during divorce shows that marriage contracts (or individual clauses thereof) are often declared invalid due to the presence of conditions contrary to law. In this situation, the division is carried out in accordance with the procedure established by law.

How quickly is property divided after a divorce?

According to the rules, the claim must be considered Within two months from the date of its submission. After a court ruling is issued, the defendant is given a month to file an appeal; only after the expiration of this period does the judge’s decision come into force and is subject to immediate execution or execution within the period specified in the ruling.

The duration of litigation is influenced by a variety of factors, including the lack of significant evidence, which makes it difficult to make a decision, as well as significant reasons for the defendant or plaintiff due to which the judge is forced to postpone the hearing. If you think that the process of dividing property has been unjustifiably delayed, then contact the prosecutor’s office and file a lawsuit, because you are entitled to monetary compensation for violating the deadlines for legal proceedings.

The deadline for execution of the order is determined by the court, which may take into account the personal circumstances of the spouses.

Property division procedure: step-by-step instructions

How is property divided during divorce? To do this you need:

1. File a claim. You can do this yourself by sample application(you can view and download here:), but it’s better that those who know where to start and how to file a claim correctly will be able to most competently present your requirements and help you avoid mistakes.
2. Collect the necessary documents. It is worth considering that if there are no documents available that serve as evidence, then the judge will either not be able to make a decision, which may delay the process, or will make it not in your favor.
3. Appear in court on the appointed day. Personal presence at the hearing is not always necessary, however, in the case of dividing property, it is better to be in court in person, as this may influence the judge’s decision.

List of documents required for division of property

Documents that need to be prepared for the property division process:

• identification;
• (or a court order about it);
• document on ownership of joint property (property title), also checks, bank statements and everything that is evidence;
• if there is a loan taken during marriage for the needs of the family, then a loan agreement;
• if there are children, then;
• statement of claim;
• receipt of payment of state duty.

Conclusion

1. Community property is all property that a husband and wife acquired during their marriage.
2. Article 38 about division of property during divorce in the Family Code rules that joint property does not include personal belongings, property acquired before marriage, and also that property that was purchased after the actual breakup of the family may not be considered joint property by the court.
3. Items purchased for the needs of children cannot be divided, since they are recognized as their personal property.
4. Statute of limitations for division of property after divorce — 3 years from the date of dissolution of the marriage.
5. Both property and debt obligations of the spouses, unless otherwise provided by the marriage agreement, are divided equally.