Having decided to put an end to family relationships and scatter in different directions, recent spouses often face the problem of dividing property after a divorce.

The reason lies in the categorical reluctance to part with what was in common use and has become so familiar that life even begins to seem meaningless and decidedly unsettled without this or that thing.

Another reason for the problem of property division is simple greed and selfishness, which happens quite often.

In an attempt to reach agreement on this issue ex-spouses miss quite important legal aspects of the property division that accompanies any divorce process.

First of all, it is worth knowing that the question of property division is asked not only during a divorce, but also much in advance (JSC Article 38, paragraph 1).

The property of the parties can be divided during the process life together, not yet overshadowed by divorce proceedings.

This is done in order to place proprietary emphasis, prudently distribute shares of ownership and responsibility, and prevent potential disputes, which become extremely difficult to resolve in a critical situation.

Upon termination family relations the entire estate in common use can be divided in different ways:

• independently and peacefully, that is, through negotiations, logical conclusions and taking into account the needs and interests of the parties;
• voluntarily at the time of compilation;
• voluntarily when drawing up a separation agreement common property;
• conflict, that is, with going to court, which is due to the categorical reluctance of the parties to compromise.

An intelligent (peaceful) way of dividing joint property is the most optimal and painless for both spouses, but, unfortunately, it is not so often that people separate peacefully, without offending each other and without losing their dignity.

Property issues raised in a prenuptial agreement relate only to premarital and known future property. It is quite natural that a marriage contract will not be able to foresee and cover all future property of the spouses.

In addition, the contract concluded upon marriage can be changed, annulled, or at any time (SC Art. 43 -; Civil Code Art. 165-181). One of the reasons for the vulnerability of a marriage contract is the infringement of the property and proprietary interests of one of the spouses.

An agreement on the division of property after a divorce (SC Article 38, paragraph 2) allows you to complete the procedure of your own free will and without involving the court.

The document must be signed by a notary.

It has legal force, so violation of the clauses of the contract is fraught with negative consequences for the violator (Civil Code Art. 310, , 393.1, ,).

The division of joint property by court (SC Art. 38) is always psychologically traumatic.

However, in most cases, this path is the only way to restore justice if the distribution of property was not fixed either in the contract or in the agreement, and the former partners are unable to reach a peaceful settlement of the issue.

Children's interest

The desire of the parent, in whose care the children remain, to receive some part of the common property in their favor (with an eye to the future) looks quite natural and does not require justification.

Property that is divided during a divorce belongs only to the former marriage partners and no one else. The property rights of children do not apply to him (IC Article 60, paragraph 4).

In other words, by definition, there is no share due to children in parental property.

And yet, the court can take into account the property interests of children when dividing marital property (SC Article 39, paragraph 2; Supreme Court Determination No. 4-B10-36 2010/14/12). And that is why a change in marital shares by decision of the judicial panel cannot be ruled out.

What property is subject to division?

The property division procedure concerns only common marital property and does not extend to individual property.

It also does not apply to what belongs to joint children.

Common marital property includes (SK Article 34):

• wages and other payments for remuneration, fees and rewards;
• profit from private entrepreneurship and individual activities;
• movable property;
• real estate;
• shares, shares, deposits, securities acquired during the marriage;
• money in cash and in bank accounts.

The individual premarital property of the spouse will be included in the community property (SC Article 37), if certain joint investments aimed at improving and modernizing this property ultimately significantly increased its market price (for example, reconstruction, refurbishment of housing).

On the other hand, acquisitions for personal purposes and with personal funds by one of the partners will not be part of the common property and will not fall under division if he can prove these facts. In this situation, the basis of evidence should be the fact of separation of the spouses (IC Article 38, paragraph 4).

Debts, including mortgages and others, are also considered jointly acquired (SC Article 39, paragraph 3; Review of judicial practice of the Supreme Court No. 1 2016/23/04, paragraph 5, paragraph 7), and therefore are subject to proportional division between spouses.

How to divide property after divorce

The division of marital assets occurs by agreement (prenuptial agreement or property agreement by 2-party agreement) or by force (through the court).

By agreement of the parties

The agreement, documented and certified by a notary, has legal force and can be drawn up in the form of a division agreement or an agreement on the distribution of shares.

In the first case, the common property is divided and transferred into personal ownership.

In the second case, the distribution of shared ownership in relation to common property occurs.

The agreement can also be combined. For example, it is reasonable to establish common shared ownership of all real estate objects, and divide movable property and transfer it to the category of personal property.

It is advisable to indicate in the contract how to resolve issues related to violation of the agreement, as well as ways to resolve conflict situations and disagreements.

Judicially

Courts deal with property division if irresolvable disputes arise between partners who have not previously entered into targeted agreements (prenuptial agreement and/or separation agreement).

The court distributes the property equally (IC Article 39, paragraph 1). The court allows deviation from the proportional division in special situations (IC Article 39, paragraph 2), which are considered to be taking into account children's interests or parasitism of one of the spouses.

It is worth noting here that a woman who was involved in raising children and running a household has every right for marital property, although she had no income of her own.

A petition for division is submitted to the magistrate’s court if the “issue price” does not exceed 50 thousand, or to the district court/city court if the amount of the claim is greater.

The amount of state duty ranges from 400 rubles to 60 thousand, which depends on the amount of the claim for the division of property after a divorce (Civil Code Art. 200, clause 1).

Property not subject to division

Purely personal property is not subject to property division (IC Article 36):

• acquired before marriage;
• inherited or received as a gift and other non-compensated transactions;
• wearable items and personal items;
• intellectual property confirmed by copyright and/or patent;
• Items purchased specifically for children and used by children.

According to Rosstat, every third Russian family, in some regions - every second. Divorce- an unpleasant process that gets worse division of marital property. And there is no single solution for every case, since everyone’s situation is different. How to divide property, avoid losing decisions, what rights children have - this is what our article is about.

Division of joint property

There are three ways to divide your property:

• With help separation agreements;
• Through a marriage contract;
• Through the court.

The first way out involves drawing up a document - an agreement, which stipulates what and in what share goes to the parties. One listing is not enough. Items must be described, indicating, for example, the model, year of manufacture, and color of the housing of the household appliance. It is advisable to involve a family law lawyer in drafting the document.

It is advisable to supplement property division agreement indicating the market value of the assets. If the document does not cause disputes among the ex-husband and wife, they confirm it with their signature. It’s even better to have it certified by a notary office.

Marriage contract

This document repeats the provisions of the agreement. But it is concluded at any stage of the relationship: before marriage, before divorce or after it. And it may provide for items not limited to the division of property, for example, with whom the child will live, the amount, the procedure for paying child support, parental rights and obligations.

If one of the spouses makes expensive purchases after a divorce, it is recommended to save receipts. Otherwise ex-other half can claim rights to them through the court.

Section by court

Let’s say the marriage contract was not concluded, the former spouses cannot come to a common decision, then the only way out is - division of property in court. According to general provisions, the plaintiff applies to the court to which the defendant belongs territorially. But the applicant has the right to file a claim at his place of residence. Here are the conditions when this is possible:

• The plaintiff is dependent on minor children;
• The applicant has limited physical capabilities.

Dispute between ex-spouses is considered by a magistrate if the property is valued at no more than 50 thousand rubles. The division of more expensive valuables is carried out by district courts.

Indivisible property

Former spouses cannot claim each other's personal belongings. These include:

• Hygiene items;
• Wardrobe items;
• Medicines;
• Tools.

Property purchased before marriage and real estate privatized by one of the spouses also belong to the category of personal property.

Children's belongings, money in a bank account, objects of copyright, property purchased before marriage, items received by gift or purchased with donated funds, property inherited from relatives are also not divided.

When to divide

Often, former spouses do not know when they can start dividing joint property. This can be done in parallel with the divorce process. For the court you will have to prepare two claims: petition for divorce and section. They can be considered in one trial or separately.

If the parties decided to divide property through the court after a divorce, it is necessary to file a claim before the expiration of 3 years from the date of divorce. It is these years that the limitation period is limited.

Procedure for filing a claim

The applicant can obtain a sample claim for division of property, like the one, from the court office. The application must reflect a number of mandatory points:

• Name of the judicial authority;
• Information about the applicant, respondent;
• Data on the disputed property;
• Information about documents confirming the right of ownership of property;
• An estimate of the total value of the entire property.

If funds are declared as the disputed property, then a specific amount must be indicated. The requirements to be satisfied are also indicated, for example, to collect state fee for divorce or division of property from a former spouse.

What documents to attach when getting a divorce?

The court will not make a decision solely on the basis statement of claim. Therefore, in addition to the application, the plaintiff must present:

• Your passport;
• Child's birth certificate;
• Documents confirming divorce: judicial act, certificate from registry office O divorce;
• Certificate of family composition;
• Property value assessment.

A document confirming payment of legal fees is also attached. The amount of the state duty depends on the value of the disputed property. If it was paid by only one spouse, he can claim compensation in the pending action. The parties can divide the costs in half by mutual agreement.

What can be shared

During divorce proceedings, the following property is subject to division:

• Real estate: house, cottage, apartment, garage;
• Movable property: car, furniture, equipment;
• Income;
• Shares, bank deposits;
• Luxuries.

Division of property upon divorce with children

When dividing property, the rights of children must be taken into account. When an issue between an ex-husband and wife is resolved amicably, the agreement stipulates that the larger share will go to the parent with whom the children remain. There are often cases when property is divided equally, despite the fact that the child remains to live with his mother or father.

At divorce through court with children The division of money and real estate happens differently. When making a decision court, First of all, we are interested in protecting rights baby. Therefore, the verdict will be in favor of the one with whom the daughter or son will live. The judge will not necessarily award the woman a large share of the apartment; she may be given the right to own a car so that she can transport children if the road to the kindergarten or school is long enough. One condition is that mothers must have a driver's license.

There are no exactly identical solutions. Every situation requires individual approach, thorough investigation.

This is for you, this is for you again, this is for you all the time...

Former spouses have equal rights to jointly acquired property. However, their shares may be different, if provided for marriage contract. Also, the court can distribute shares in its own way based on who the minor children will live with. The judge will take the woman’s side if there is evidence that the husband, being healthy, does not benefit the family: he does not work anywhere, wastes money, drinks, loses at gambling.

Debt obligations

Consumer credit, mortgage, loan - debts between former spouses, as well as property, are divided equally. The parties must contact the credit institution and obtain separate agreements for each. The terms of the loan (rate, payment terms) will remain the same. Since the loan amount is divided in half, the size of the payment will change.

How to divide property if it is not physically divided

It is impossible to physically separate an apartment, a dacha, or a car. If you register ownership of half of the property, divorced spouses will not want to see each other. Therefore, you can use several partition methods:

1. You can sell your share to your husband or wife. You can order a calculation of the value of the share from an appraiser or offer an amount that the ex-spouse agrees to. Household appliances, cars, luxury goods, and furniture are divided this way.
2. Another way out is to sell the property and divide the proceeds in half. This method is optimal when it is impossible to divide a plot, house, or apartment. The amount received for the property is subject to division. Typical difficulties - the ex-husband demands the sale, the wife demands compensation for her share.

The legislator has not provided a rule that could oblige former spouses to divide property according to the second scheme.

It must be remembered that all joint property is divided strictly equally. Let’s say that an ex-husband or wife needs to divide a cottage and a plot of land on which the building stands. It is unreasonable to give one a house and another a plot. Otherwise, this will cause many legal complications. If there is a need to sell an object, how can a person get out of this situation? It is impossible to sell a house without a plot and vice versa. Therefore, during divorce proceedings, each property is divided in half.

Inherited property

The subject of litigation is often property inherited from close relatives: an apartment, a house, a garden plot, etc. If the will contains only one of the spouses as the recipient of the property, then the right of ownership passes only to him. If both husband and wife are designated as heirs, they will receive exactly those shares that are prescribed by the will.

Object of copyright

How to divide a business during divorce

A family business requires equal efforts from spouses and coordinated actions. However, when a family breaks up, losses and loss of clients are inevitable - the spouses are bogged down in resolving personal issues and have no time for developing the business. In order not to completely lose the enterprise, it is necessary to decide in time and correctly how to competently divide the common business.

Lawyers from the region family law It is recommended to draw up a marriage contract and provide for the conditions of division in it. If a peace agreement is not reached, the business will have to be divided through the courts within the framework of the provisions of the law. With a mutual decision, the parties can accept a solution that suits the former spouses. But they are unlikely to consider the decision fair.

Division by court means that income, parts of the authorized capital, and equipment are divided in half. The judge is not interested in who showed more diligence in the joint case.

There are many reasons for going to court:

• The terms of the marriage contract infringe on the interests of the husband or wife. One of the spouses can challenge such points;
• The business belonged to the spouse before marriage. This point does not give him the right to fully own property and profits. According to the law, property and income acquired after marriage are considered joint property and are subject to division in half. Let’s say the wife took care of the house, children, went to another job, and the husband had his own business. The spouse has the right to demand her share when dividing property.

The methods of division depend on many factors. From the point of view of the law, a private matter belongs to the category of property. It can be traded, the right to it transferred to a third party, divided. Business that is associated with the results of intellectual activity has its own nuances.

The law offers several methods of division:

• Transfer of ownership rights to the wife or husband with payment of compensation to the latter;
• Fragmentation of a large organization into two or three small companies;
• Reorganization. In this case, the company ceases to operate, and other organizations receive ownership rights;
• Selection. Formed new company, to which certain obligations and rights are transferred. The old company continues to operate.

Conclusion

Thus, summarizing the methods of dividing different categories of property, we can draw the following conclusions:

1. When dividing, it is necessary to start from two categories of property: joint and personal property, that is, divisible and indivisible property;
2. The spouses' shares in the common property are a priori equal. If a marriage contract has been concluded, the shares are transferred in the amount provided for by this document;
3. When considering the issue by the courts, priority in the distribution of shares is to the one with whom the children will live in the future;
4. If physical division is impossible, the object is transferred to one party, the second receives compensation from the first equal to the value of its share.

Divorce and division of property are complex procedures from a legal and psychological point of view. We wish to solve the problem in a civilized manner.

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 divorce proceedings, 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.

Family law relations cover many controversial situations between spouses, both during divorce and during marriage. Most of these situations are of a property nature.

Joint property of spouses

The norms of the Civil Code of the Russian Federation are similar to the norms of the RF IC in relation to the concept and division of property between citizens in a registered marriage and are as follows:

• property acquired during a registered marriage is considered the joint property of both husband and wife;
• property that was owned by either the husband or wife before the marriage was registered is the property of that person (personal property);
• things received as a gift or inheritance during marriage are the property of the person who received them;
• objects or things intended for individual use (except for jewelry and luxury items) are the property of the person who used them.

According to the rules of the Civil Code of the Russian Federation, division can be carried out only after the court determines preliminary share each of the owners has the right to such property. At the same time, the rules for determining the share in property are regulated by the RF IC.

Division of property and Civil Procedure Code

Civil Procedure Code Russian Federation establishes judicial procedure resolution of various types of civil disputes, including those of a property nature.

According to the Code of Civil Procedure of the Russian Federation, in the trial there are participants, which the Code of Civil Procedure of the Russian Federation endows with the following procedural properties:

• the parties to the dispute act in the proceedings as a plaintiff (applicant) - the party that initiated the legal proceedings, and a defendant - the party against whom the claim is brought;
• third parties (citizens or organizations whose rights and interests may be affected when resolving this dispute);
• witnesses;
• specialists (experts, translators, etc.);
• other persons, depending on the complexity and procedural nature of the proceedings.

The Code of Civil Procedure of the Russian Federation regulates not only the judicial process, but also sets requirements to the content of the statement of claim, other documents provided by the parties or participants in the process, the pre-trial procedure for resolving the dispute, etc.

The court carries out certain procedural actions on the brought claim, conducts proceedings in the case and makes decisions, rulings and other procedural documents in the case only in accordance with the rules regulated by the Code of Civil Procedure of the Russian Federation.

Appeals against judicial acts are also carried out in accordance with the requirements and in the manner prescribed by the Code of Civil Procedure of the Russian Federation, incl. appeal, cassation, supervisory, etc.

Questions from our readers and answers from a consultant

I'm filing for divorce. At the same time, I want to divide the home ownership that I bought with my husband. Which articles should you refer to when writing a statement of claim for division?

If there is no marriage contract and agreement on division of property, then Art. 34 and art. 38 RF IC. These rules establish the common property of husband and wife, as well as the procedure for its division.

The wife filed a claim for division of the apartment. Can I file a counterclaim if this apartment belongs to me by right of ownership, since I purchased it before marriage? And what requirements should I specify for this?

You can file a counterclaim to recognize the apartment as your property (the property of one of the spouses) in accordance with paragraph 4 of Art. 38 RF IC. In addition, it is necessary to provide evidence that the apartment was purchased before the marriage was registered - a purchase and sale agreement, etc., a certificate of ownership.

Last update: 01/30/2020

According to statistics, about 40% of divorces occur in the first 4 years of marriage. More than 15% occur at the very beginning married life and, unfortunately, young families do not have time to live together even for 1 year. And one of the very first questions that arises during a divorce is how to divide property.

Division of joint property after divorce

Joint property- based on the norms of Article 256 of the Civil Code of the Russian Federation, we can conclude that all property that was purchased by spouses at the time of marriage is jointly acquired (except for circumstances when the marriage contract signed by them establishes a different regime for these things). Cm. .

Article 34 of the Family Code of the Russian Federation states that all income received by each spouse in any way is their joint property. Property that is common also includes: securities, shares, shares in the authorized capital of enterprises, real and movable things, deposits and other property acquired by the wife and husband. In this case, it does not matter at all to which of them this property is registered.

The division of property during a divorce can occur:

A conflict-free solution - an amicable agreement between the spouses

If both parties agree to an out-of-court settlement of the issue and there is no conflict between them, then they enter into a corresponding written document (), in which they indicate the shares of each party and notarize it. If the agreement is left in simple written form, it will not have legal force. Such a document will not work anywhere, including in court. From December 29, 2015 Federal law No. 391-FZ establishes that it is mandatory must be notarized.

Through the court

If, however, the former spouses cannot independently agree on who takes what things, then the matter comes to court. When resolving a conflict in court, the court initially establishes the composition of the property suitable for division, and then allocates a part of each spouse.

But if one of the parties receives property, the price of which significantly exceeds its legal share, then the court may oblige this party to pay the former spouse material compensation (compensation) in cash or other form.

Example: At the time of marriage, the husband bought a rare painting by a famous artist, which cost more than 1,500,000 rubles. The wife was not against the transfer of this property to her ex-husband, provided that the court ordered him to pay compensation to his ex-wife in the amount of 200,000 rubles.

Division of property in court

Stages of division of jointly acquired property in court:

• Establishment of the property of each of the former spouses.
• Determining the share of each of them.
• Separation from the common property of those things that each party wants to take for themselves.
• Determining the amount of compensation to either spouse in case of unequal distribution.

The list of things is determined in accordance with the interests of the spouses and their children. When dividing, the principle of equal division of property is observed. However, taking into account life circumstances, the judge may deviate from equality (cases when children remain after marriage with one of the parents or one of the parties does not have a job without specifying good reasons). In these situations, the principle of decreasing or increasing the share applies, which must be justified in court.

Increasing the spouse's share

The reasons for increasing the share of one of the spouses may be:

• minor children who were left to live with him,
• his illness or permanent disability, especially if it arose during marriage and is associated with the performance of duties as a family member. For example, the husband took two jobs to raise money for the child’s expensive operation, as a result of which, due to general fatigue and overwork, he developed a heart disease and is now forced to undergo constant treatment.
• fulfillment of obligations by one spouse for common debts. Example: The family received a loan from a private person, but due to their unsatisfactory financial situation, they were unable to repay it. In order to avoid litigation, the accrual of interest and fines, the wife, who is a painter, performed finishing work in the creditor's home to repay the debt.

The domestic work of a spouse who is not working at the time of marriage and is running a household or caring for children, who due to extenuating circumstances could not have his own income, will be the basis for receiving a share in the joint property.

Reducing the spouse's share

A reduction in the share is possible if unjustified reasons are established:

• non-receipt of income by the spouse due to unwillingness to find a job;
• careless and negligent attitude of the husband or wife towards the property, which led to a decrease in its value, complete or partial destruction;
• irresponsible, antisocial behavior of the spouse, leading to common family debts. Eg: The couple checked into the hotel on a package tour. The husband, while drunk, damaged property in the room for a large sum. Reimbursement of hotel administration expenses was made from general money.

What about debts?

If the former spouses have debts, then they will also be divided in proportion to the awarded shares (see details and).

But it should be borne in mind that if we are talking about an administrative, criminal or other offense, then responsibility for debts arising due to such acts is assigned personally to the culprit.

How to divide indivisible things

It often happens that common property includes things that spouses want to keep for themselves (see). In such situations, the court acts in the following order:

• Former spouses are invited to determine for themselves who will get this item. Further:
  • the parties determine the value by mutual agreement or on the basis of the appraiser’s conclusion (if there is no agreement);
  • the court, based on the price, assigns monetary compensation to the spouse left without the property from the funds of the other spouse.
• If there is no compromise, then the object of division is transferred to shared ownership with a share assigned to everyone, and if necessary, the judge determines the procedure for using it.
• When it is impossible to allocate a share in the property, the court forcibly decides who will own the subject of the dispute. In this case, the following circumstances are taken into account:
  • the need of each spouse for things;
  • the ability to actually use the controversial item.

For example, spouses cannot share a car. The court found that the ex-wife does not have a driver's license and for health reasons cannot drive a vehicle. While the other spouse works in a remote place from residence. The judge is more likely to leave the property to the husband.

Terms of division of property of spouses

As a general rule, the statute of limitations in cases regarding the division of property between former spouses is 3 years (clause 7 of Article 38 of the RF IC). However, many do not know from what moment this period begins.

Plenum Supreme Court The Russian Federation, in its Resolution No. 15 of November 5, 1998, in Article 19, indicated that it is necessary to calculate the limitation period not from the very moment of divorce (entry into force of a legal court decision or registration of an entry in the book of dissolution of marriage unions in the registry office), but from the moment when a person should have become or became aware of the fact of a violation of his right. This provision is also indicated in paragraph 1 of Art. 200 Civil Code of the Russian Federation.

Example: 5 years after the end of the marriage, the husband learned about the real estate that was purchased at the time of his cohabitation with ex-wife, however, this building was not indicated in the list of common property.

The spouse, whose rights were not respected, is obliged to prove the fact of evasion from the division of jointly acquired property, but it is sometimes extremely difficult to justify such circumstances.

To restore the missed deadline, the spouse must file a claim for renewal of the missed deadline with the judicial authorities.

What property is not divided during divorce?

Everything that was acquired before marriage

In Part 2 of Art. 256 of the Civil Code of the Russian Federation states that property that was owned by each of the spouses before the marriage, as well as property given to one of the spouses or passed to one of the parties by inheritance, is not jointly acquired, but belongs to the personal property of the corresponding spouse.

Personal items

Items for individual use, namely: clothing, shoes and other individual property (except for precious items and luxury items), purchased even with joint funds, belong to the property of the spouse who uses them.

Rights to the result of intellectual activity

The right to the result of intellectual activity is also not divided during a divorce like other property. It is exclusive and belongs only to the author. And the income received from the use of this result is jointly acquired property (unless the document between the spouses (nuptial agreement) indicates otherwise).

Belongings of minor children

The rights and things that belong to minor children are not divided between the parties to the process. These include things purchased only to meet the needs of children and deposits made in their names.

Items purchased after leaving

Things acquired by spouses after the end of cohabitation (in the event of a long divorce process) are also not divided. This is one of the most sensitive issues in divorce proceedings, since it is difficult for one of the spouses to resist the temptation to declare their right to someone else’s property, despite the fact that there are formal signs for this. Therefore, such property must be separated from the general property, and confirmed in court:

• separation of residence;
• lack of a joint budget;
• the presence of conflict, incompatibility of life positions, etc.

Division of property during divorce if there are children

The property of adult children, namely: an apartment, a car, a summer house or shares, is not subject to division. They must remain the personal property of the child.

If in , then the divorce process occurs only through court. This action is used to ensure the personal property rights of children.

In the event of a divorce, adult and minor children, at the time of division of the spouses' property acquired jointly during marriage, do not have the right to it, just as parents do not have rights to the children's things purchased for their needs. These include:

• clothes, shoes
• Sports Equipment
• school supplies
• furniture, books
• instruments for music practice
• as well as material deposits issued for children.

The listed items are transferred to the parent with whom the children will remain. Another person does not have the right to count on appropriate monetary compensation, even if it becomes known that the children’s property was sold.

Sometimes the fact that the child needs these things is disputed:

Example 1: The computer, which was purchased more than 4 years ago, was purchased for general use, and not just to meet the needs of the child. Here the issue is controversial and the court may rule in favor of one side or the other. Because the computer can hardly be attributed exclusively to children's use.

Example 2: A claim has been made for a piano. Ex-husband stated that the purpose of this tool is not intended only for children. However, the wife presented evidence that their child is studying piano at a music school and this musical instrument was bought for him. Such a piano will not be subject to division.

If real estate that is the property of a minor child or his place of residence is alienated, then a representative of the guardianship and trusteeship authority must be present at the court hearing. The consent of the authority to allocate the child’s share is mandatory.

If the family that is involved in the divorce process has minor child, then the spouse with whom the child does not live is obliged to pay alimony for his maintenance (see). Then the court will divide the parts of the jointly acquired property equally.

How to draw up an agreement on the division of property

Initially, it is necessary to indicate that an agreement (agreement) on the division of property can be drawn up at the time of marriage, upon its dissolution, or after this process. However, the best part of drafting it is somewhere between the beginning and the end of the divorce.

After filing for divorce, spouses can draw up an agreement and avoid loss Money when paying a state fee, the amount of which is calculated from the total value of the property and can amount to more than 10 thousand rubles.

After concluding such an agreement, the spouses peacefully share joint property, informing the court about the settlement of disputed relations.

Part 2 art. 38 of the Family Code of the Russian Federation states that an agreement of this kind is concluded in writing and is subject to notarization. Since December 29, 2015, Federal Law No. 391-FZ has established the procedure for mandatory notarization of a settlement agreement on the division of property.

Notary services are paid. He charges the spouses a state fee, the amount of which is calculated based on the total price of the property to be divided. This percentage may not be small and it is better to know it in advance.

• Preamble. It should indicate the place (city) and date of drawing up the document, as well as indicate the parties to the agreement (Party 1 - Full name, Party 2 - Full name)
• Item. Here the spouses describe their civil status and indicate all the property in their jointly acquired property.
• The procedure for dividing property. In this part it is necessary to indicate what property goes to whom.
• Conditions for transfer of property. This indicates exactly how the transfer of property from spouse to spouse will take place. For example: If there is a division of real estate - when one of the parties goes to the appropriate registry with title documents to re-register the property to the other party.
• Personal property that will not be shared. This point is quite important. It lists all property that is not divided or will not be divided (property that was not jointly acquired property, personal belongings of one of the spouses, or items that one of the spouses does not claim). This must be done to avoid claims that may arise in the future.
• The procedure for the entry into force of a contract (agreement). Here it is necessary to indicate that this document will come into force from the moment of its notarization.
• Final provisions. In this paragraph, you must indicate information about the number of copies of this agreement, the procedure for making additional changes to this agreement and the consideration of disputes regarding the execution of the agreement.
• Signatures of the parties. This is quite important! After drawing up the agreement, it must be signed by the spouses

Question:
What to do if a separation agreement is concluded, but after that the other spouse changes his mind and avoids notarial actions.

The answer is simple: The interested spouse should fulfill that part of the obligations that was assigned to him. And then you can go to court to recognize the agreement as valid without notarization. Subsequently, the intractable spouse can be required to fulfill his part of the agreement on the basis of a court decision.
But this method is not always effective. Sometimes it is easier to go to court with a regular division of property.

How to hide a spouse's property

Statistics show that during marital relations many spouses think about possible consequences divorce. Therefore, they play it safe and use all possible means to divert property from the regime of joint ownership of husband and wife.

The most common methods:

• registration of property in the name of relatives. This mainly concerns large things: real estate, transport, etc.;
• concealment about existing values. Most often these are bank deposits, shares, cash, etc.;
• buying things with donated money from relatives.

For example: My husband buys a car, which he wants to register in his name. The day before the purchase, the spouse turns to a notary to certify the agreement of donation of money from the spouse’s father for the purpose of buying a car. The agreement, of course, is non-monetary, but it is difficult to prove this, since it is notarized. It turns out that a car purchased with that kind of money is a gift and will not be counted as common property during division.

• acquisition of material assets through loans from friends and acquaintances. The bottom line is that during the division, the spouse can present to the court a loan agreement, supposedly for the purchase of an item, drawn up shortly before the purchase, as well as a fake receipt or other payment document on behalf of this spouse about the repayment of the loan, dated after the divorce. Formally, this gives grounds to demand that the property remain with oneself without compensation to the other spouse, since he alone paid the common debt.
• There are other methods that are singular in nature.

How to divide property registered in the name of another person

It is not uncommon for one of the spouses (as a rule, the main breadwinner in the family), showing worldly “wisdom,” to register all acquired property in the name of their relatives (parents, grandmothers, brothers, sisters, etc.) or in general strangers(isolated cases).

However, such property can still be included in the total estate and divided fairly.

To do this, it is necessary to separately (under a new claim) challenge fictitious transactions in court, that is, invalidate the transaction with dummies and transfer ownership to the spouses. True, this process is not simple, but if the controversial item is expensive, then the work will not be in vain.

When considering the court, they provide information that:

• the funds for the purchase of the item were taken from the general budget (no matter which spouse or from what sources);

For example: Before buying an apartment, the husband withdrew money from his bank account in the exact amount that corresponded to the price of the home.

• the person in whose name the property is registered does not actually have sufficient finances.
• the one in whose name the registration is made does not have the skills and needs to use this property.

Eg: The motor boat was registered in the name of a grandmother, who has neither the rights nor the means to maintain a watercraft.

• the disputed objects were used by the family and incurred the costs of maintaining these objects.

Example: the dacha plot, which was listed on the spouse’s brother, was at the disposal of the family, which will be confirmed by neighbors, the board, payment documents on membership and target contributions, etc.

It is important not to miss the deadline for appealing - 3 years from the moment such a pseudo-transaction was made or when the deprived spouse became aware of it.

During a dispute over false registration of property, the court case on division must be suspended, since the results of challenging the transaction will make it clear whether the spouses’ common property will increase or not.

If the spouses decide to get a divorce, then it is necessary to take into account several rules that will help them get through the divorce process faster.

• To avoid unnecessary expenses, it is best to correctly draw up an agreement on the division of property and not go to the courts at all. This document should contain all necessary information. But notarization is sometimes quite an expensive process.
• If the case comes to court consideration, then do not forget to file a claim for the division of property and documents for the deduction of alimony (for the spouse with whom minor children remain living). The presence of minor children is also the basis for increasing the share of joint property.
• After the divorce process is completed, save all documents related to the marriage, as they may be needed in the future. (If the spouse finds out about the undivided property and wants to claim it).

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.