If the husband and wife cannot reach an agreement in the process of delegation, the judiciary comes to the rescue. About how the trial of the property section is happening - this article.

How is the property divorce?

1. Divide without the division of property. Sometimes spouses make a decision to break up, but not to take any action regarding the property. Most often, the reason for this is the reluctance to argue and find out the relationship, collect documents, walk by instances. But even if, at the time of termination, the spouses came to an agreement on the ownership and disposal of common property, this does not mean that there will be no conflicts in the future. Therefore, "leave everything as it is" is not the best option.
2. Agreement.A more preferred option for a husband and is to divide the property to a peaceful way and give an agreement with a written form. Spouses make up an agreement on the division of property (paragraph 2 of Art. 38 of the Family Code of the Russian Federation). A notarized agreement must be fulfilled.
3. Perform the terms of the marriage contract. If, before marriage or directly in married, the spouses concluded a marriage contract, the conditions of which provided for the procedure for the division of the property of the property, when divorced, these conditions should be fulfilled.
4. Go to court. Any disputes regarding the property section can be resolved in the judicial instance. Even if the spouses concluded a marriage contract or the agreement on the division of property, this does not deprive them of the right to go to court in the event of a dispute.

Property section procedure through court

The procedure for the property section is governed by several legislative acts, including the Family Code of the Russian Federation, the Civil Code of the Russian Federation, as well as the Civil Procedure Code of the Russian Federation.

This procedure is distinguished by the shares of her husband and wife from the common property acquired during the marriage.

The property of the property can be carried out:

1. During marriage.Spouses can share property at any time, including marriage. The property acquired after the section will be a common property. If the spouses share the property and actually stopped family life (they do not live together, they do not conduct a joint household), they should take care of the documentary proof of personal property to all purchased property - otherwise it will be considered joint, and therefore in the case of the divorce will be subject to section ;
2. Simultaneously with the scratching process.In this case, two claims (or one statement of claim with several lawsuits) is submitted to the court at the same time) - on the termination of marriage and the division of property, which are considered simultaneously or one after another.
3. After divorce. It happens that the spouses have already terminated marriage, but they are not in a hurry to share everything that belongs to them. In this case, this property remains joint. You can divide it at any time, but you should remember the timing of the limitation. Read more about this in the article "".

Submission of the Property Deal

To share the property in court, you need to apply for a statement. It is necessary to inform all the essential circumstances: personal and contact details of spouses, information about marriage and termination of marriage, the list of property acquired in marriage, as well as evidence that this property is personal or joint.

Read more about the compilation of the claim (with a sample for downloading) - in the article "".

The statement of claim may be filed:

• At the place of residence of the defendant;
• At the location of real estate or material values \u200b\u200bthat are subject to the section;
• At the place of residence of the plaintiff, if juvenile children live with him.

If the price of the claim exceeds 50 thousand rubles, the case will consider the urban or district court. If the price is less than, you can contact the world court.

Documents for applying for property

In addition to the claim, the following documents are required to submit to the judicial authority:

• Certificate of marriage, about divorce, about the birth of children;
• Documents on property (contracts, certificates, receipts, checks, bank statements, acquisition of cash orders, technical documents, registration documents);
• Appraisal documents on property value;
• Power of Attorney, if on behalf of the plaintiff documents a trustee submits;
• Receipt of payment of state duty.

What the court takes into account when considering the claim. Judicial decision

When considering the claims on the division of property, the court adheres to the next algorithm.

Initially, it determines which property is personal (not subject to section), and what - joint. Then determines the shares of each spouse. By default, the share is equal - the joint property is divided equally. But if a marriage contract was concluded between the spouses, other shares may be provided.

After that, the court performs a section of property according to shares. If it fails to perform an accurate section, one of the spouses gets most of the property - but then it is obliged to pay cash compensation to another spouse. Supbo debts are also subject to section in accordance with shares.

Sometimes the court moves away from the principle of equality of marital fraud, even if there is no marriage contract. This happens extremely rare. The basis for such a solution may be the presence of minor children remaining with his wife or husband. Or misuse spending of married means one of the spouses during family life.

World Agreement

Until the final decision by the court, spouses can enter into a global agreement. They have the right to share the property at their discretion, not necessarily equally, as it would have done this court.

The settlement agreement is issued in the form of a written document, which has the power of a court decision, therefore is subject to compulsory execution.

But if in the process of fulfilling the terms of the agreement, it turns out that it is concluded under the influence of threats or pressure, the court may recognize it invalid and decide on the division of the property at its discretion.

Entry and entry into force of the court decision

After the end of the consideration of the case in essence, the court is removed into the meeting room and makes a decision.

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

How to share the property between spouses, having spent the smallest amount of money and nerves - our article about it.

I tried to most fully answer all the main questions and competently structuring the material for easy navigation, so I consider this article most convenient. Yes, it turned out probably the most voluminous, but no longer have to collect information on several sources on the Internet.

As always, all the nuances can ask in the comments - in charge of quickly.

Portal Specialist Topurist.ru: Vadim Kalyuzhny.

By marking, none of the spouses are usually thinking about the future divorce. However, unfortunately, very many marriages disintegrate, and in front of her former husband and wife there is a question about how to share what they have got acquainted during the matrimonial life. Let's see what states the law on 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 in personal property citizen (or a legal entity, but now we will be talking about them) and in common property Two or more persons.

By default, the common property is considered to be equal when it is known in advance to whom from the owners owns which part of the cost of things. However, for the property of spouses, the law makes an exception: according to Art. 256 GK RF Property Suprigov - Joint Property. The difference here is that the shares are not defined here and do not stand out. Spouses jointly own and enjoy all things belonging to them.

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

1) What belonged to her husband or wife before marriage, or was presented or was inherited during the marriage - personal property, to which another spouse has nothing to do.

2) Things that only someone enjoys one of the spouses (clothing, shoes, hygiene objects, etc.) - Personal property of the one who uses them, even if they were purchased for general money. The only exceptions are luxury items: even if gold jewelry wears only a wife, they are their joint property with her husband.

3) Copyright on books, inventions, music phonograms or songs belong to someone who is their author. However, the entire income received from the use of these copyrights (publication, film-based, etc.) will be jointly owned.

4) Target payments received by any of the spouses are also not included in the composition of the total ownership. For example, if the wife suffered as a result of an accident, and she received monetary compensation from the culprit of the accident - her husband would not have any relationship with these money.

However, with personal property, everything is not so simple. Art. 37 Family Code of the Russian Federation (hereinafter referred to as the IC RF) states that if the property, even being personal, was significantly improved by the funds or labor of another spouse, it can be recognized as already in collaborative ownership.

Finally, to complete the topic of the personal and common property of the spouses, it should be said that all of the above applied to the cases when her husband and wife relied exclusively to the law. If, before or during the marriage, they concluded an agreement on the division of property (I have already published, which can be downloaded) or signed a marriage contract in which you can specify a predetermination of property and about which I am - here the status of the property may be any, stipulated by these documents.

○ General procedure for dividing property during divorce.

Before talking about the division of property, it should be said that the section of the property - the concepts whose relationship is not absolute. The fact is that spouses can share property and during the period of marriage (voluntarily or on the claim of the lender to one of them).

In addition, the divorce himself, even if he occurs in court (such an order exists, if children were born in marriage), it does not provide for an automatic property section: Former spouses need to do this separately, including such a requirement in or by producing a section.

✔ How shall general property share?

According to the law, the property in the property, which during the marriage was collapsed, are considered equal. The level of income of each of the spouses does not matter. However, in some cases, deviation is allowed from this principle:

• If the spouses were concluded a marriage contract or some other agreement that part of the property was transferred to the personal property of one of the spouses.
• The things purchased exclusively for minor children (clothing, books and textbooks, children's furniture, etc.) are not subject to section. These things get one of the spouses with whom children remain.
• If the section takes place in court, the court has the right to increase or reduce the share of one of the spouses. This is possible as in the interests of the spouses, with whom minor children remain and in some other cases.
  For example, if one of the spouses spent the funds to the detriment of the interests of the family, no good revenue had income - its share will be reduced; If the spouse due to illness or other emergency circumstances could not earn money, the court may increase its share.
• If some property was acquired by even in the period of marriage, but for funds received by one of the spouses before marriage, the court can recognize this property with personal property not subject to section.

✔ Procedure and procedure for the section of common property.

It is assumed that property issues, like other family problems, are resolved within the family with spouses by mutual agreement. This applies to the property section. As with a divorce and to him, the husband and wife are entitled to determine what specifically, which belongs to some of them, concluding an agreement on the division of property and assuring it from the notary to avoid disputes in the future.

However, unfortunately, the peaceful section is not always happening. And in the event that there is a dispute about the property between the spouses, they can go to court with an appropriate claim.

It should be borne in mind that if the section affects the interests of third parties, the court can allocate a dispute about such property into separate production. Then this case will be considered separately, out of connection with the divorce and partition of the rest of the property.

According to the results of the meeting, the judge makes a decision in which it determines that it belongs exactly from controversial items to whom of the spouses. In the same case, if the thing can not be divided, and its cost clearly exceeds the proportion of the spouse, the court has the right to give it to someone alone, but with the difference with another spouse in the cost between the cost of things and the cost of the share.

✔ Section of personal property.

As I said, besides jointly, the spouses can possess and personal property. This property, in general cases, is not subject to the section and remains owned by the spouse to which it belonged earlier.

In order not to repeat, you can add only that in addition to gifts, everything is included in personal property, obtained by gratuitous transactions (for example, etc.). In addition, to personal property, the court can attribute items acquired by someone from the spouses after the joint accommodation ceased. However, in this case, evidence is already required for the court that, for example, a particular washing machine was acquired by his wife although to the divorce, but after the husband's husband from the family and only for their own funds. As such questions are proved, it will be said later.

✔ Required documents.

If the case has come to the judicial section of the property, then for the court evidence required. However, since the owners of spouses can actually be anything, it is difficult to determine in advance the list of necessary documents that will have to be present in court. Nevertheless, there are some of them that will be required anyway:

• Certificate of marriage and if the section is happening after the divorce - about its termination.
• If children were born in marriage - birth certificates.
• List of property to be divided. It must be remembered that the court will decide only on what is included in this list. If the plaintiff misses something out of sight, he will have to share this thing separately - by agreement either in a separate court proceedings. It is extremely preferably in the list to specify (even if approximately) and the cost of property.
• Copies of documents for individual expensive things. Everything can be here: certificates of ownership or discharge from EGRPN for real estate, technical support for cars, checks and receipts for the purchase of expensive household appliances or furniture, account statements from the bank, etc.
• If during the process it is planned to increase the stake of the plaintiff - then the documents proving the need for such an increase (in case of illness - copies of medical records, etc.).

More about how the section of specific types of property is happening, it will be said later. It should also be remembered that not only documents can be used as evidence. For example, if it came to the actual termination of family relations before marriage, witnesses may be caused to court, and their testimony court is obliged to take into account.

○ Section of real estate when divorced: Apartment, house, land.

Most problems with divorce usually arise with real estate. Usually they are the most expensive from family property, and the main disputes are tied around them. In addition, by law, all real estate transactions and any change in the owner are subject to state registration and making data into a single registry (EGRPN).

Let us try to consider in more detail how it is the section of different types of real estate.

✔ Section of the apartment when divorced.

The most common type of real estate, which is divided by 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 enshrines the right of everyone to the home, on the other, the apartment is the same type of property as everything else, and Art. 35 The same constitution protects the right of private property. And the main task here is to find the right balance between these two standards.

Below will be described, how exactly the section of the apartment takes place, depending on what the foundation of the spouse it was previously used.

✔ How to divide the municipal apartment?

Despite the privatization lasting for many years, so far many families live in apartments owned by municipal authorities.

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

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

In addition, the divorce does not hinder. A citizen who enjoyed the apartment on the basis of a social hire agreement is entitled, according to the Law of the Russian Federation "On the Privatization of Housing Fund in the Russian Federation", to acquire a stake in this apartment. However, it is necessary to remember that privatization is possible only until March 1, 2016.

Alternatively, when divorced, it is necessary to take care of the privatization of the apartment in advance, and then, on the rights of the common property to divide it.

✔ Delive an unsuccessful apartment after a divorce.

In addition to municipal, unproduced, other types of housing may be, in particular, service. Here are the same norms as in relation to municipal apartments - that is the section of such housing is also impossibleHowever, it is permissible to keep the right to accommodate one of the spouses.

The only feature on which attention should be paid is that service apartments, in contrast to state and municipal, cannot be privatized, but can be redeemed with the consent of the owner's organization.

✔ How shall the apartment in Mortgage?

Apartment acquired in a mortgage, can be dividedbecause it is in the joint ownership of spouses. At the same time, it is completely no matter who exactly from the spouses concluded an agreement with the bank - the ownership will be both.

However, it should be remembered that it is possible to divide the apartment taken into the mortgage only with the indispensable participation of the bank who issued a loan. The fact is that when divoring and the section of such an apartment, there is a change in the parties in the contract of collateral, therefore, for any actions with the apartment, the Bank's consent will need.

Here are several options for action:

• The bank reissues the mortgage agreement, and both spouses continue to pay a Credit Credit.
• With the consent of the bank, the apartment is sold, the debt of the bank extends from the revenue amount, and the remaining amount (if there is) is divided between spouses.
• One of the spouses refuses his share in the mortgage apartment, and the spouse she got to pay a mortgage.

This list is not full. There is no single solution, since the possible dispute about the apartment is three-sided (for two spouses and banks). Possible solutions are many, and recommend some one of them, not knowing all the terms of the mortgage agreement, it is impossible. Even judicial practice on the section of such apartments is extremely diverse. This issue is better on housing issues.

✔ Section of a privatized apartment at a divorce.

Since privatization is a gratuitous transaction: citizens do not redeem housing, and get it for free, paying only fees for paperwork. That's why privatization is equal to donation, and privatized apartment becomes personal property of privatization participants.

In practice, this means the following:

1. If the apartment was initially privatized on all family members, no difficulties arise. After a divorce and husband, and the wife simply get those lobes that were recorded on them during privatization.

2. If other members of the family participated in the privatization, their shares remain in their property and are not divided between spouses. This should be remembered because in other cases the same children are not eligible to the property of parents with their lives, and if the apartment was bought, they would not receive their share.

3. If someone from the spouses refused at one time from privatizing the lobes in the apartment - he can only sympathize. It no longer has any property rights to this housing. The maximum that he can count on is to achieve the right to accommodate in the apartment, but also only for a certain period, and not forever.

4. If the apartment was privatized before marriage, then she is also not divided - she is entirely the property of the spouses who participated in privatization. The second here also does not get anything.

Thus, in order not to lose housing at a divorce, it is necessary either on both spouses, or during a marriage to conclude, including apartments.

✔ Is it possible to divide the gifted apartment?

If briefly, then no. I will explain why: if the apartment was obtained by someone from the spouses as a result of the gift, it is also not subject to section, because it is already the personal property of the one who received such a gift.

✔ How shall have a house?

In the event that there is no housing in an apartment building when divorced, and a separate residential building (cottage, etc.), all the same rules apply to it as in relation to the apartment. Namely: if it is in collaborative ownership, then in the section of each spouse, the share of ownership is allocated - as a rule, equal. One of the spouses has the right to also abandon the share, demanding cash compensation in return in the amount of its value. If the house is the personal property of one of the spouses, then it is not subject to section.

However, in relation to the house, unlike most apartments, this option is possible as physical section. In this case, the house by redevelopment is divided into two isolated residential premises (with separate outputs, a separate connection of power supply, water supply, etc.), each of which gets one of the diluted spouses - with a possible payment of compensation, if the area differs greatly.

In addition, if at the time of divorce the house was not completed, then such cases are considered separately. Now the judicial practice, summarized by the Supreme Court of the Russian Federation, is developing in such a way that usually the court takes into account, which of the former spouses has the opportunity to bring the construction to the end. As a rule, the house in nature gets this spouse, and the second receives monetary compensation.

✔ Who will get the cottage after the divorce?

Separately there is a question about the section in the event of a divorce of this type of real estate, as a cottage. The fact is that under this concept, there are often due to completely different structures - from a primitive Saraike, to a full-fledged residential building, in which you can live all year round.

In the event that the cottage was recognized as a residential premises (and this is a separate and fairly difficult question), then there are the same rules for it as in relation to the house - with the only difference that the cottage, as a rule, is not the only housing for the family. In this case, the situation is possible when one of the spouses will be in the property of the city apartment, and the second - the country, while someone will have to pay the difference in the cost between the share of the apartment and the cottage. Also possible and the section of the cottages in nature - just like at home.

If the cottage is not a residential, then, as a rule, it is not divisible in kind, and the court only establishes a share in the right of ownership of each of the spouses, and according to the statement of the plaintiff - also the order of use.

✔ Section of the land plot during divorce.

Separate rules apply under the division of land. The fact is that in addition to the norms of the Civil Code of the Russian Federation and the SC of the Russian Federation, regulating the legal regime of personal and joint ownership, it is necessary to take into account the rules of the land codec of the Russian Federation and other norms regulating the turnover of land.

The fact is that for each category of lands that have a different purpose, the law establishes the minimum area at which the site is allocated in kind. It would seem that the land plot, unlike the house, apartment or cottage, can be divided by anything - it is enough just to carry out between. In fact, if the area of \u200b\u200bthe selected areas is less than the minimum installed, it is not divided into a plot, but only ownership of him.

The specific sizes of minimal areas are established in different regions of Russia in different ways, so in the section of the site it is necessary to take into account not only federal, but also local legislation.

○ Movable property section when divorced.

Unlike real estate, movable property is divided between spouses much easier, however, there are a number of nuances. Consider them.

✔ Who will get the car?

The car, being a complex technical device, under no circumstances can be divided into kind. Therefore, no matter how much the section of the property is, the car always goes to someone one of the spouses. The only thing that can be done is, if in the end, the spouses did not come to an agreement when the car section is to sell it and share the money already reversed.

If the car is part of the property, which is divided into court, then the court will most likely be taken into account, who has a driver's license who has used the car, as well as other circumstances. For example, if on the basis of the divorce so that the children stayed with his mother, she has driver's license, and it usually it was she who took children to school - then the likelihood is that in nature the car will get to her.

Most couples come into family relationships in strong love. But this does not cancel the opportunity to foresee and challenge the planning, as the future relations are beingaker. Moreover, not only personal, but also property relations. Acquisition planning, section of income and things, debt refund - all this is not only allowed, but also welcomed in marriage.

Thus, the joint ownership section is possible not only when the marriage is dissolved, but also with a joint life. Consider what methods are provided by law for the division of the husband's property and wife without divorce.

Is it possible to share the property without divorce?

The Family Code directly provides that the joint ownership section is possible not only after the dissolution of marriage, but also During marriage (Art. 38 of the RF IC).

In general, property rights and duties of her husband and wife are regulated in detail by chapters 7-9 of the RF IQ. First of all, we are talking about joint ownership of spouses, that is, about real estate, cash savings, vehicles, things - about everything that was purchased during the marriage.

What is divided?

Section procedure is subject to only a joint property acquired in marriage. It belongs to it:

• Cash earned or received by her husband and wife (salary, profits from entrepreneurship, pension, scholarship, social benefit);
• Immovable or movable property;
• Deposits, securities, shares in authorized capital.

Read more about what refers to collaborative ownership and is subject to section - read the article "". The principles of the property of the property in marriage are exactly the same as during the divorce.

It does not matter who and how much earns who acquires and uses property. Both husband and wife have equal rights on him. After all, the patriarchal role distribution is practiced most often in families: a man earns money, and a woman leads life, engaged in raising children. Nevertheless, the woman has the right to claim half of everything that is earned by a man. The exception is the spouse that recklessly spends family funds without contributing to the family budget. In this case, the right to half of joint ownership may be revised by the court.

What is not divided?

Most spouses are afraid that the section will affect not only joint ownership, and and personal property - what was purchased long before marriage or on the special grounds in marriage. It is not worthwing to fear this - family legislation protects personal property.

The section is not subject to:

• what belonged to her husband or wife before marriage;
• what was purchased at least during marriage, but on personal funds belonging to her husband or wife before marriage;
• what was presented;
• what was inherited;
• what is necessary for personal use is clothing, shoes, tools, accessories.

Read more about what is personal property and is not subject to section - in the article "". The principles of the property of the property in marriage are exactly the same as during the divorce.

Some personal property may well be joint. The basis for this is to increase its value at the expense of cash, labor, the time of spouses.

Methods of section without divorce

Let's go back to the question of the joint ownership section in marriage. Article 38 of the Family Code provides two main methods of section:

• Section on the consent of her husband and wife;

If we are talking about the property, the cost of which does not exceed 10,000 rubles, a sufficiently oral agreement. If we are talking about more expensive property, not to do without the preparation of written documents that will regulate the order of ownership, use and orders of joint ownership, as well as its section - both in marriage and during the dissolution of marriage. Such documents are the marriage treaty and the agreement on the division of property.

• Section on a court decision.

Such a step is a forced measure if it is not possible to achieve consent to the peace. The lawsuit under the joint ownership section can be carried out separately from the marriage process.

Co-ownership section by agreement

As mentioned above, for the joint ownership section, the husband and wife can compile such documents as a marriage contract and agreement.

Agreement on the division of joint ownership of marriage

This document may provide for completely any agreement of the husband and wife about the division of joint ownership (list and description of the property, cost, size of the share, partition procedure). With the exception of, of course, agreements that clearly violate the rights of one of the spouses (see "").

The agreement can be drawn up as relatively total common property, so I. specific Property Object (residential real estate, land, vehicle). A few agreements can also be drawn up.

It is allowed both a simple written form and notarization of the document.

Marriage contract

Even great popularity among conscious married couples acquires such a document as. Although he, as well as an agreement, may provide for the procedure for dividing joint ownership of marriage and during divorce, there are significant differences:

• the section is produced not only to the agreement at the time of the conclusion of the contract, but also of the future property;
• the document provides for the conditions for entering into force, actions and cancellation of the marriage contract;
• the document has a mandatory written form with official formulations and is notarized.

The action of the marriage contract is distributed only for the period of the family's existence, and stops after termination of the marriage (see "").

The trial of the joint ownership of marriage

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

The court shall divide the property stated in marriage, according to the provisions of family legislation (articles 34-39 of the RF IC). At the same time, the court studies all the circumstances: family relationships, material well-being, the contribution of both spouses to the financial support of the family, in the acquisition and improvement of property, in the upbringing of children, so on.

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

How to make a statement of claim?

The claim for a joint ownership section must be specified:

• Trial name;
• Husband and wife data (name, address of residence);
• Marriage conclusion data (date, place);
• Data on born in marriage juvenile children;
• The list of property that husband and wife intend to divide;
• Property ownership (personal or joint);
• Who was the initiator of the acquisition who made a greater contribution, who uses more or needs property who claims for property;
• The cost of joint property;
• How should be shared ownership;
• The date of the claim for the claim;
• Signature plaintiff.

Sample claim for the division of spouses in marriage 2020

You can get acquainted with the sample of the claim below:

Documentation

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

• passports husband and wife;
• marriage certificates, about the birth of children;
• extracts from the house book (archival);
• contracts and certificates of ownership of property (new sample - an extract from EGRN on the right of ownership).

The lawsuit will not be adopted without a receipt of payment of state duty! Calculations are conducted in accordance with Art. 333.19 of the Tax Code of the Russian Federation. The minimum amount of state duty is 400 rubles, and a maximum of 60,000 rubles. The payment receipt must necessarily be attached to the claim.

Principles of the selection of property in marriage

The basic principles of the division of joint property in marriage:

1. All divided property goes from joint ownership to separate. But all that will be purchased after this section will again belong to her husband and wife on the right of joint ownership. Exception - the conditions of the marriage contract, according to which all property that is allegedly acquired in the future is already divided.
2. If the property shares voluntarily, her husband and wife can get different shares. If the court is done, most likely the partition will be carried out equally.

Read our articles "", "

The divorce and subsequent section of the property is one of the most problematic and conflicting cases that you have to deal with lawyers and ordinary citizens. Despite the fact that the basic provisions relating to the separation of property are enshrined by law in Article 38 of the Family Code and Article 256 of the Civil Code, the number of difficulties does not reduce.

Dear readers! Our articles tell about typical ways to solve 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 phone below. It's fast and free!

Sample statement

The statement of claim is submitted to the Court's Office. There are recommended forms of drawing upWith them you can find on the information booth in the courtroom or request in the office. You can also instruct the preparation of a judicial statement by a specialist.

In the statement of statement will definitely need to specify:

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

You can use this sample application to the property section: Download.

Required documents

Together with the lawsuit, the Documents will be required:

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

Payment of state duty

The size of the state duty is established by Article 333 of the Tax Code and depends on the price of the claim. The higher the cost of the claim, the higher the size of the state duty. It will need to be paid before applying for a court, as desired can be included in the claim to compensate legal costs. If the claim is filed with the mutual consent of the spouses, then the size of the state duty they must pay in equal size.

Conclusion

So that the entire information presented in the article has developed into the overall picture, we recommend it to see it once again in such a structured form:

This is a kind of cheat sheet in the property section. Examples from judicial practice.

To the property to which each of the spouses has the right and which is called joint, belongs to any property cost during the marriage. Personal items are not considered joint property, with the exception of things that can be attributed to luxury subjects, for example, dear decorations. The property of each of the spouses, which they owned before the conclusion of the marriage union is not considered joint, except when the investment made during the marriage was increased, the monetary value of this property was increased, for example, an apartment repairs was made or reconstructed. Even if one of the spouses did not have in significant circumstances of its own source of income, in any case, the property acquired in marriage is recognized as joint, according to 3 clause 34 of the articles of the RF IC. These rules are valid if the other is not established.

It should be understood that the article describes the most basic situations and does not take into account a number of technical moments. To solve exactly your problem, you will receive legal advice on housing on hot lines:

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With joint ownership of property, each owner has the right to use them, for example, if both spouses are in possession of an apartment, each has the right to live on its territory. However, dispose of property, for example, to sell, it is impossible without the consent of the remaining owners, according to.

Property section for divorce: Basic concepts

Spouses to qualify for property, acquired during the marriage, should be registered in the registry office: the law protects only official unions. In order to apply to the court with the requirement to divide property, it is not necessary to divorce, such a requirement falls under and the corresponding claim can be fully satisfied in court. However, this situation is a rarity, most often occurs when divorced in court. In addition to the spouses themselves, the joint ownership section may require a lender, according to.

If one of the spouses died to terminate the marriage, then the next relatives claim to his part of the property, primarily another spouse if the testament is not provided otherwise. In order to get it a share of common property, it is required to obtain the appropriate certificate for the property (the right to ownership of him or his share), which was acquired together. At the same time, the consent of the remaining heirs is not required. You can enter into inheritance rights in half a year after the death of the spouse.

For the property section, when there is no property dispute, you can also refer to the notary. However, in the controversial situation, it is necessary to file with the requirement of the property section into courts. It is possible to present property claims not only during the wicked process, but also after it. According to the law, the spouses have the right to own equal shares of the overall property, with the exception of personal domestic items. If the cost of the property transmitted to the underestitious property exceeds the share of one spouse, then the second is compensation in the monetary equivalent. Spouses do not have the right to claim items purchased for minor children or bank deposits in their name, - in this case, the property to the age of adulthood will be the spouse with which the court will establish their accommodation. To property not subject to sectionAlso belong to the state or purchased by the target payments from the state property. According to 4 clause 38 of the articles of the RF IC, the property, which was acquired by spouses after termination on the fact of family relations, the court can recognize personal, not jointly.

Consider the requirements for the property section when divorced for three years From the day of termination of marriage.

How do the share of spouses are determined in the division of the property?

By law, spouses have the same equal rights to the entire common property, unless otherwise provided by the marriage contract. However, the share of her husband or wife in joint ownership can be reduced or increased by complying with the interests of young joint children, decent reasons (for example, the loss of working capacity of one of the spouses or malicious evasion and the expenditure of common funds in the family), as well as in the case If one of the spouses ordered joint property, for example, sold the car bought together without the knowledge and consent of another spouse and hid the income received.

If the spouses were signed a marriage contract, the court takes into account the items registered in it if they do not contradict the current laws of the Russian Federation. The judicial practice of the property section shows the marriage contracts (or individual items) are often invalid due to the presence of conditions that contradict the legislation. In this situation, the section is made in the procedure established by law.

How fast is the section of the property after the divorce?

According to the rules, the statement of claim should be considered within two months From the date of his filing. After making a court decision, the defendant is given a month for the appeal, only after the expiration of this period, the decision of the judge comes into force and is subject to immediate execution or execution within a period specified in the decision.

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 the plaintiff due to which the judge is forced to endure the meetings. If you think that the process in the property section was unreasonably delayed, then contact the prosecutor's office and apply, because you have monetary compensation for violating the timing of legal proceedings.

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

Ownership Procedure: Step-by-step instructions

How is the section of the property when divorced? For this you need:

1. Create a claim. This can be done independently sample application(You can see and download here :), but it is better that you know where to start and how to file a lawsuit correctly, you can most correctly submit your requirements and help avoid mistakes.
2. Collect the necessary documents. It should be noted that if there are no documents in the presence of documents, which are evidence, then the judge will not be able to decide that it can delay the process, or will not accept it in your favor.
3. To come to court on the appointed day. Not always personal presence is necessarily at the meeting, however, in the case of dividing property, it is better to be in court in person, as this may affect the decision of the judge.

List of documents required for the property section

Documents that must be prepared for the Property Section Process:

• identification;
• (or judgment of the court on it);
• document on ownership of joint property (the right to property), also checks, bank statements and all that is evidence;
• if there is a loan taken during a 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. General property - all the property that husband and wife have become married.
2. Article 38 Pro section of property when divorced in the Family Code Decides that the joint ownership does not include personal belongings, the property acquired before marriage, as well as that property that was bought after the actual decay of the family, the court may not consider joint.
3. Things purchased for the needs of children cannot be subjected to the section, since they are recognized as their personal.
4. Time limit on the property section after a divorce — 3 yearsfrom the date of termination of the marriage union.
5. Both property and debt obligations of spouses, unless otherwise provided by the marriage agreement, divided equally.