Valuation of property in the division of property between spouses

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Property-distribution evaluation

The dissolution of marriage is quite common in the twenty-first century and a legally sound procedure. If there are children, the first thing to be done is to stay with one of the parents, pay maintenance, meet the second parent.

If the marriage contract has not been entered into, the division of property acquired during the years of the marriage is equally acute in the event of a formal separation of the spouses and disputes arising.

Before it is divided in equal or unequal shares between the parties to the divorce proceedings, an independent evaluation shall be carried out, which shall form the basis for the subsequent actions of the spouses and the decisions of the court, since it is accurate:

• Determine the market value of the objects of disagreement;
• Set the amounts of compensation for unequal shares;
• Avoiding misunderstandings, problems, deception and other negative situations.

The following types of property are subject to the expert ' s assessment and are subject to further separation by law:

• Real property (a flat, a house, all kinds of structures on the ground, including construction in progress, a plot of land, a plot of subsoil, other objects whose movement without disproportionate harm to their purpose is not permitted);
• movable property (business share, shares and securities, vehicles, including yachts, aircraft, etc.)
• Valuable items (gifts for weddings, paintings, ornaments, antiques, etc.);
• Consumer objects (e.g. household appliances, electronics, furniture and interiors).

Qualified assessment of property in divorce

The spouses who are divorced in Moscow and Moscow province order a professional evaluation in the division of property within the Platinum Company Group, and we specialize in all types of independent evaluations, including pre-trial and judicial assessments, and provide a wide range of legal services.

The company has certified and certified specialists, all of whom have obtained the necessary permits and permits, are members of the SRO, have qualifications certificates, each with a professional liability insurance policy, and the company ' s total liability is 100,000,000 roubles.

Platinum specialists reduce the risks of disagreement after receiving zero value judgements and help to avoid conflict or insoluble situations.

In which cases an independent assessment of the division of property between spouses is carried out

An independent assessment of the separation of the property of divorced spouses is required not only in the event of disagreement, pre-trial or judicial proceedings, but also in the voluntary request of parties who wish to obtain accurate data and enter them into an appropriate agreement on the division of property.

• When one of the parties to the divorce proceedings disagrees with the second party ' s stated value of the joint property or doubts about literacy, the validity of the evaluation;
• By force of law, as determined by the court, where no other means of identifying the value of the objects of the dispute have been found;
• At the request of a third party concerned, including participants in the proceedings, if any.

All applications to the evaluation company are made for the purpose of calculating the market value of the divided property, and the law clearly defines not only those objects that are subject to division but also those which are not subject to it.

• movable and immovable objects donated by one of the parties;
• Property transferred by inheritance or will;
• Personal effects;
• Patents and other registered intellectual property rights;
• Property acquired by one of the parties during the period of separation.

We recommend that we order an independent evaluation of the property in the event of a divorce, even if there are no differences between the spouses in the division.

• To discuss the situation, the objects of the dispute and their cost;
• Make possible preliminary conclusions on the results of the independent evaluation;
• Provide free expert advice;
• Give advice on how to interact with the company's expert and accept the application.

A specialist engaged in a contract application conducts market research, collects data on the site, analyses them, summarizes the results, compiles the records, and concludes, depending on the client ' s demand, that:

• The possibility of dividing movable and immovable property in equal shares;
• The amount of monetary compensation to be paid by one of the parties if it receives a share of a lesser amount if no equivalent division is possible;
• The amount of compensation to be paid to the spouse who does not receive a particular object, part of the facility;
• the market value of the objects of the dispute if the division is not possible and is planned to be sold and subsequently divided.

Our clients also receive a list of more detailed and specific recommendations for follow-up in the preparation of the property-sharing agreement.

Cost of independent evaluation in the division of property and client relationships in Moscow and Moscow region

The Platinum evaluaters work responsibly and professionally. The company's reputation, earned over the years, confirms the objectivity of the evaluation that our trustee will receive.

You can send the application directly from the website, request e-mail, or call our multi-channel phone.

• After discussion of the terms and conditions for the provision of the service, a formal contract of the prescribed type shall be drawn up.
• The client needs to be provided with a package of documents for the evaluation site.
• The evaluator travels at a convenient time to personally explore divided property.
• Once the report has been prepared, the original is handed over to the client in our office or through the courier.

The cost of the work is determined on the basis of our basic prices, but always on a case-by-case basis. The final amount depends on the size of the contract, the type of facility/site, the need to leave the evaluator, and other parameters. In large orders, special terms of service for the client and possible discounts are discussed.

The company has all the resources it needs to carry out any task, no risk of challenging the results, and if necessary, we form a team of experts.

Throughout the period of interaction, comprehensive information and advice is provided to the client.

In the form of Platinum evaluators, you get responsible professionals who honestly perform their tasks.

Assessment of property in divorce for division of property of spouses

13.07.2017

In the process of divorce between the two persons, disputes over the division of property often arise.

If they do not resolve such an issue among themselves, there is a need to deal with it through a court of law – a process that, in turn, involves a preliminary determination of the value of common property to enable it to be divided proportionally.

In such a case, a number of questions arise immediately – how to determine the value of property in divorce, how much is such a procedure worth, and what are the evaluation rules under the current legislation?

How to determine the value of property upon divorce

The valuation of property upon divorce becomes inevitable if the spouses have mutual claims about certain things, whether movable or immovable.

The evaluation rules require compliance with such provisions:

• The valuation of the property in the division of the property of the spouses is carried out solely at the market value of the property at the moment;
• A spouse may order an assessment of the property from persons who provide such services and are licensed to do so;
• When an assessment is made, the law clearly defines a list of the types of property that are not to be divided – if there are such items, they are not taken into account;
• The evaluation of property in divorce may only be done by non-professionals when both spouses consent to such action.

Property valuation

Depending on its complexity, two types of situation can be distinguished:

• A dual decision on the division of property is possible only with the consent of both spouses;
• if at least one of the spouses disagrees with the claims of the other, or wishes to challenge the division into certain parts, then it is inevitable that a compulsory court order dealing with such matters is already in order to obtain a part of the property.

The valuation of property in divorce is characterized as a special expert activity aimed at obtaining reliable information on the market value of the estimated value to be further divided between the two claimants.

It is worth noting that even with mutual consent, which of the shared values that are available to anyone (if such intentions are confirmed by the signing of the relevant agreement) will still need to include the value of things in such a document.

Assets to be assessed

If there is a question of how to assess the property that needs to be divided between persons who break up a marriage, it is worth knowing the list of things that can be evaluated; this process can only be subject to what is recognized by law as a jointly acquired property (and it is not necessary that if the property is acquired after the marriage, it can be divided between the spouses).

Thus, the following are to be determined and then divided:

• Any items, real estate, land, machinery, vehicles, documents of a monetary nature, securities that have been purchased from the general budget;
• Disbursements (there are all kinds of benefits, unemployment benefits for persons with disabilities);
• :: Income of the spouses from entrepreneurial activities or received in the form of remuneration (permanent or one-time);
• Any other property acquired during the marriage, even if the spouses were at that time separated from each other.

Property not shared or participating in the valuation

There is a category of values which is not taken into account by the court in its distribution and is not subject to evaluation, such as:

• The property that was purchased or obtained prior to the marriage;
• Things, valuables, real estate and other things that have already been acquired in marriage, but for the personal funds of one of the spouses;
• Property and property obtained as a result of a gift or inheritance contract;
• Personally used items (irrespective of whose account they were purchased), awards, bonuses, funds received under insurance or compensation for loss.

Who evaluates the property in the divorce

On the basis of the existing standards, the valuation can be determined by such organizations:

• The plaintiff himself is one of the spouses, with the consent of the other.
• Professional property valuer;
• BTI (relates to cases where real estate valuation takes place);
• The cadastre service (applicable to land).

Thus, the fact who evaluates the property depends on its type, as well as on the mutual desire of those who break up the marriage.

How the evaluation procedure is proceeding

The procedure for the valuation of assets is defined by the following paragraphs:

• The basis for designating and implementing the valuation procedure may be a formal contract with the firm authorized to conduct such proceedings;
• The court order relating to the non-conformity of the claimed value with the actual price of the property may also be the basis;
• Once the services have been ordered, the authorized expert is sent directly to the location of the property and assesses its value;
• a certain value of the property is recorded in the relevant document and handed over to the employer.

Grounds for holding

The basis for the evaluation may be the declared wish of the spouses or the court ' s decision to carry it out. If one of the persons who break up the marriage voluntarily wishes to do so, a contract of engagement must be signed; only then can the expert proceed with the procedure.

Whether the assessment is determined by the court or ordered by an expert commission, the employer must provide the full package of documents necessary for such cases in order to initiate the procedure.

Necessary documents

The following documents will be required for the assessment of property upon divorce:

• Existing contracts that establish the existence of transactions to transfer property to one of the spouses ' property;
• Inventory documents (for land-related facilities);
• Certificates of ownership of each of the disputed objects;
• Technical and engineering documentation (this may include passport, construction plan, design of the facility);
• Data on the existing encumbrances on property (credits, penalties, collateral);
• The claimant ' s valuation passport and a copy thereof.

How much is the valuation of assets

The cost of the separation of assets associated with its valuation may depend on such factors:

• The region in which the property is assessed;
• Difficulties in performing work related to the uniqueness of the thing, the lack of analogs in value determination or other factors;
• The amount of property to be valued;
• The value of the services determined by the company providing them.

As an example, this year's dwelling assessment can cost you between 3,000 and 10,000 rubles, houses between 4,000 and 12,000 rubles, and cars between 2,000 and 6,000 rubles.

Assessment of household appliances in the division of property

The assessment of household appliances shall be carried out by an expert in general order, which shall include:

• Cost of acquisition;
• The duration of its operation;
• Visible damage;
• Technical integrity and operability according to its direct purpose.

With regard to household appliances, all available rules under the heading (acquisition period, personal contribution to purchase, donation) are also observed.

Valuation of the value of the home (entity) in the division of property of the spouses

Since real estate is the most expensive subject of disputes between spouses, it is most often subject to claims involving value determination and further litigation.

In order to assess real property, it is mandatory to provide:

• Inventory documents;
• A document confirming ownership;
• The contract by which the property was taken over;
• Technical passport.

The valuation of real property may be influenced by such factors:

• Whether the facility is in operation;
• How long ago the building was built;
• Integrity of the structure;
• The availability of repairs;
• The location of the house (a flat);
• Total area.

With regard to the division of real property, she most often refers to one of the spouses, who, in turn, reimburses the other for the value of his share as determined by the court.

Court-martial evaluation of the vehicle during the division of property

The following factors shall be taken into account in the expert assessment of the vehicle by a specialist:

• Year of release;
• Make and its model;
• Power of motor vehicle or other means;
• wear of parts (this applies to parts, external and internal contents).

Expert report

After the procedure, an expert report shall be drawn up (within 12 days of its implementation) containing such data:

• Date and time of the peer review;
• The document number obtained when it was issued;
• The basis for the procedure;
• The modalities of implementation;
• Methods of obtaining value information;
• An opinion on the act carried out with an indication of the total value of the property;
• The details of the firm that made the valuation determination;
• Signature of the expert;
• The firm's seal.

Judicial practice in evaluation

Judicial practice in the valuation of property and its subsequent division has such characteristics as:

• The division of the property of the spouses can only be effected once the divorce has been documented;
• If one of the spouses fears that the other party may take action to conceal the real property prior to the divorce, an inventory of the property may be made and its location sealed;
• If there are minor children, the property belonging to them shall remain in their possession and, accordingly, shall be followed by the child who shall reside with one of the former spouses.

Thus, the valuation of property was an inevitable procedure in matters relating to the division of property in divorce, which must be followed clearly by all parties, since otherwise the authenticity of the results could be appealed to the court.

Valuation of property when divided: Who can estimate the value of the common property of the spouses (real estate, car)

In some cases, the division of joint property may require its evaluation, although this is not expressly provided for in the Family Code.

The procedure for the evaluation of property is regulated in detail by Federal Act No. 229-FZ of 2 October 2007 on the evaluation activity in the Russian Federation.

It is possible to do so in respect of any property other than that expressly mentioned in the law and the relevant report has evidentiary value, and we will try to clarify the matter further.

Do you need an evaluation on the division of marital property?

The dissolution of a marriage implies a breakdown not only of the family, but also of the family.termination of existing property rightsThe divorce process often ends in the division of joint property.

The procedure is regulated in addition to the provisions of the family law of the Russian Federation (arts. 20, 24, 38, 39), the Civil Code of the Russian Federation (art. 252, 254), and the Code of Civil Procedure of the Russian Federation (CPD) with regard to the application to these disputes of the requirements for legal proceedings.

It would seem that such a legislative regulation of the division of property should not raise any further questions.

This is not the case, however, since such a statement of claim entails claimsof property.

Thus, it is necessary not only to state the cost of the claim but also to provide the court with a detailed calculation of the claim, which is derived from articles 91, 131 to 132 of the Criminal Code of the Russian Federation.

In turn, it is necessary to determine the value of the disputed propertyin two cases:

• determination of the amount to be paidGentlemen.(art. 333.19 of the Tax Code of the Russian Federation);
• for an objective and fair trial and, accordingly, for the division of property between the former spouses, or if their share is disproportionate, for the determination of the amountCompensation.

Divorced spouses are therefore requiredAware of the circumstancesWhen applying to a judicial authority for the enforcement of the division of joint property.

Which assets are to be valued

Article 8 of Federal Act No. 135-FZ of 29 July 1998 on evaluation activities in the Russian Federation (Act)Mandatory evaluationThe property may be divided upon dissolution of the marriage. In such a case, the object of the assessment may be a separate property, its aggregate, property rights, etc., in accordance with article 5 of the Act.

Article 38 of the Criminal Code establishes which property may be divided upon dissolution of the marriage, which is normally any property acquired jointly from the moment of registration of the marriage (movable and immovable property, money, deposits, etc.).ExceptThe following paragraph shall be inserted:

• Received during the marriage by either spouse through inheritance or gift (i.e. for all free transactions);
• Personal use items;
• An exclusive right to the result of intellectual activity;
• Property which, although acquired during the period of the marriage, the spouses did not actually have a family relationship (by order of the court).

Who evaluates property and how

In order to answer the question of who and when to apply for the valuation of property to be divided between spouses, we need to recall the above-mentioned article 91 of the Code of Criminal Procedure of the Russian Federation. In particular, we are interested in movable and immovable property, since the requirements for the distribution of funds are not difficult and do not require further evaluation.

Thus, in claims for property, the price is determined on the basis ofProperty valueIn claims for ownership of real property, the law provides for a definition based on several options:

• Market value;
• Inventory;
• In the absence of the latter, the value of the insurance facility.

It is important to note that the value of the claim is stated directly by the applicant, and in any event it is accepted by the court, only if there is a clear discrepancy between its true value of the property, the court will determine the price itself.

Thus, on the basis of the stated norms of current Russian legislation, the value of the property can be determinedby the following personsBy body(s):................................................................

• Directly by the plaintiff;
• A professional evaluator;
• BTI;
• The cadastre service (in relation to land).

Example

When the spouses of the Sergeis divorced, they had common property (1 room apartment, land and gift) and filed an action for the division of property in equal shares, assessing their share of 700,000 roubles on their own.

Sergeiev disagreed and contacted the evaluator, who gave him a report that the market value of the apartment was 800,000 roubles, the land was 20,000 roubles, and the gift was 350,000 roubles.

Thus, each spouse ' s share of the common property is 585,000 roubles.

Thus, the same property may haveDifferent valuewhich in turn has a significant impact on the size of the majesty.

The procedure for the applicant ' s assessment, or the issuance of relevant documentation to BTI real estate or cadastre, is not very difficult.

Here the plaintiff is on his own.determines the valuethe property which he considers necessary to be divided, orSends Requeststo the above-mentioned authorities to obtain the necessary certificates.

The evaluation procedure is interesting.by a specialized bodyAs noted earlier, it is regulated by Federal Act No. 229-FZ of 2 October 2007.

Property is valued at the request of the parties (both parties)to........................................................... There is a disputeThis means that if the claimant has stated the value of the property in the claim and the defendant has agreed to the value of the property, the value of the property must be obtained from the value adjuster.Not necessarily..

The requirements for persons entitled to carry out evaluation activities are set out in article 4 of the Act, which makes no sense because the evaluation procedure itself deserves more attention.

Under article 9 of the Act, the basis for its implementation is:treatyTherefore, the first step of the applicant ' s assessment of the property to be divided is to process it.

Other grounds for its implementation may be:Court determination(accident directly referred to in art.

91 PCA of the Russian Federation on the non-conformity of the claimed value of the claim and the actual value of the property).

In order to draw up the above contract, the claimant must provide documentation to the appraiser.on the objects of the assessmentAs a result of the provision of these services under article 11 of the Act, the evaluator shall issue a report to the applicant, which shall meet the required requirements:

1. Written form on paper (usually).
2. There are no ambiguous interpretations or misleading phrases.
3. Availability of objectives, objectives, object of assessment, standards used.
4. Report date and serial number.
5. The basis for the assessment.
6. Information about the evaluator himself, the seal.
7. The sequence of the cost of the object.
8. List of attached documents.

In accordance with article 12 of the Act, such a document has a credible and evidentiary value.is not an obstacle to its disputabilityIt should also be noted here that the services of the evaluator are subject to remuneration, depending on the volume of work carried out, i.e. the number of objects assessed.

Estimation of the cost of housing in the division of property between spouses

The procedure for the evaluation of property to be divided between spouses is sufficiently detailed in the current legislation of the Russian Federation.

It does not, however, provide sufficient clarity as to the documents to be submitted to the evaluator in order for the procedure to be carried out as quickly and efficiently as possible.

The list of such documents is directly dependent on the objectwhich needs to be evaluated.

Since in most divorce proceedings real estate, in particular housing, is to be divided, we will elaborate on the documents necessary for the evaluation of these facilities.Documentation:

1. The right-setting documents for the dwelling are the certificate of State registration of the right of ownership, as well as the ones on the basis of which it was carried out (contract of sale, gift, men, rent, certificate of right to inheritance).
2. Identification document of the applicant for the valuation (passport).
3. Technical documentation (technical and cadastral passports, floor plan and display issued by BTI).
4. Description of existing charges.

If this is not an apartment but a homeowner located on a land that is also owned by the spouses, the property certificate and the cadastral passport of the property may be required.

Assessment of the car in the division of marital property

In addition to real estate, couples in shared property have one or more motor vehicles, and cars are often divided during divorce proceedings.

The procedure for carrying out the evaluation shall be carried out in such a case.It's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay.which was considered earlier, but here we are.List of documentshas some differences:

• This also requires the submission of a document certifying the identity of the customer;
• Vehicle passport;
• a certificate of registration.

Questions From Our Readers and Questions from the Consultant

My husband filed a claim for the division of property, such as household appliances and furniture, but all of this was in operation for several years, and how should such property be evaluated?

In this case, if you do not agree with your husband ' s proposal for the value of the items in question, you can contact an independent evaluator who will issue a report on the value of the property as of today, which is normally evaluated by a commodity review office.

We're divorced, we're only sharing an apartment, and she's a registered owner, although she was acquired during the marriage, and she wanted to get an inventory certificate for the BTI apartment, but I was refused.

Valuation of property in the division of property between spouses

" Property Assessment "

Contents

According to article 38 of the Family Code, in the absence of an agreement between the husband and wife on the division of property, the distribution of such property is subject to a judicial procedure, with the requirement that the husband or wife make a claim.

• During the period of marriage (for example, if the husband wishes to give a share of his property).
• Termination of the relationship between married spouses.
• After the dissolution of the marriage.
• If the creditor requires the division of the common property of the husband and wife for subsequent recovery of the share of the same spouse.

Note that it is important to take into account the period of limitation that applies to the division; this period is three years, starting from the time the husband discovered that his rights had been violated.

A professional assessment does not allow for the separation of spouses and the fair sharing of property, and such a procedure may also be necessary to indicate the price of the claim and the amount of the government service.

An assessment must be made if a marriage contract has been concluded and if a demand has been made by one of the spouses to do so.

How is the evaluation carried out?

The assessment of the value of the items must be based on objectivity, and at the time of the trial, such assessment must be made, sometimes the participants in the proceedings deliberately understate or overvalue the price.

Zaharov N. In the complainant ' s view, the property that the husband handed over to him after the dissolution of the marriage was assessed on a subjective basis by the court of first instance, resulting in different shares.

This situation constitutes a violation of article 39 of the Family Coded Act on Equality between Husband and Wife, in which the judge found, in a retrial, that the division was based on an evaluation of the wife of Zaharov, which resulted in really different shares.

The case was referred for reconsideration and a product-type examination was also conducted.

In the course of the division of property, the court must be guided only by the market value of the tangibles, and a special assessment is conducted to determine the amount.

Which property is to be valued?

Article 5 of the Evaluation Activities Act identifies the following objects:

• Things;
• A set of things that represent movable or immovable property (e.g. house or apartment);
• Property rights (e.g. ownership of land for life);
• Official obligations (e.g. loans);
• Civil rights;
• The income of the spouses;
• Pension benefits, various benefits;
• I'm sorry, I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry.

Various personal items (e.g. hygiene items) and income received prior to marriage or items donated to the spouse are not subject to evaluation.

Who evaluates, and how?

If the spouses do not agree on their own, they will need the help of a professional appraiser, who may appeal not only to the plaintiff but also to the court itself.

In doing so, a specialist can work both locally, i.e. by visiting the facility and visiting the spouse ' s apartment, and remotely (i.e. by the client ' s word).

Since the valuation procedure involves certain monetary costs, it is recommended that it be subject only to truly valuable and expensive items. With regard to household appliances and furniture, it is recommended that such property be valued in the form of kits, which would save on this service.

Thus, a professional assessment during marriage and in divorce allows for the fair distribution of property between spouses, as well as the acceleration of the divorce process itself.

The evaluation must be carried out in accordance with Russian family law and also in accordance with the federal law governing evaluation activities.

The evaluator may be a person who has a membership in the specialized organizations of the evaluators, as well as a person who has insured his or her professional activities; the cost of the service depends on the type and volume of the property, as well as the price policy of the professional himself or herself.

• „
• The assessment of the share in the statutory capital of the DJS shall be made on the date of the separation of the property or the actual termination of the marital relationship?
• “

Anna 16.10.2018 23:04

We're going to invite you to the office for a consultation, where our specialists will answer all the questions in more detail. For a 50 per cent discount on the consultation, Promocod, MIP.

The promo discounts are no longer relevant.

Alexandrov Alexander Michailovich 17.10.2018 10:42

Ask additional question

Andrei 25.07.2022 08:33

In the morning, a good, credit machine booked on me, in divorce, the same thing is shared between the spouses, no matter how much credit I get? Thank you.

Yeah, you're right.

Article 34 - Married couples ' joint property

1. Property acquired by spouses during marriage is their joint property.

2.

The property acquired by the spouses during the marriage (the common property of the spouses) includes the income of each of the spouses from work, business and intellectual activity, their pensions, benefits and other non-special-purpose cash payments (amounts of material assistance, amounts paid in respect of loss of work due to injury or other damage to health, etc.) and the common property of the spouses is also the movable and immovable property acquired from the common income of the spouses, the securities, pai, deposits, shares in capital paid to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, irrespective of whether it is acquired in the name of the spouse or in the name of whom or by whom the money is made.

3. The right to the common property of the spouses also belongs to the spouse who during the marriage did not have an independent income to maintain the household, care for the children or for other valid reasons.

Article 39: Determination of shares in the division of common property of spouses

1. The division of the common property of the spouses and the determination of their share in the property shall be deemed to be equal, unless otherwise provided for in the contract between the spouses.

2.

The court is entitled to derogate from the beginning of equality in the spouses ' share of their common property on the basis of the interests of the minor children and (or) on the basis of the noteworthy interest of one of the spouses, in particular in cases where the other spouse has not earned income for improper reasons or spent the common property of the spouses to the detriment of the family.

Sazonov Sergei Vladimirovich 25.07.2022 10:39

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That's right.

Arab Irin Pavlovna 18.10.2018 13:19

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„

My husband's rater was called to court by his wife on the property-sharing side, and it's been a year and a half since the valuation date, and I'm no longer a valuer. What can I be asked to do, and how can this end?

“

Hope 27.08.2018 05:11

Good afternoon, Hope, you have provided services under the evaluation service contract, and the contract has been executed by you and the requisitioner of the payment evaluation.

The evaluation was carried out in accordance with the Federal Act on Evaluation Activities in the Russian Federation, as well as the regulatory legal acts of the Russian Federation and the normative legal acts of the constituent entities of the Russian Federation adopted on its basis.

Dubrovina Svetlana Borisovna 08.09.2018 15:25

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That's right, you've fulfilled your obligations.

Zaharova Elena Alexandrovna 09.09.2018 16:00

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Valuation of property in separation and divorce

Main > Library > Valuation Articles > Property valuation in division and divorce

The sharing of shared wealth takes place in different situations: inheritance with multiple heirs, divorce, separation from the joint venture, etc.

Very rarely, such painful acts take place with the mutual consent of the parties; very often, the parties to the division of property fail to agree peacefully and have to meet in court.

Therefore, the valuation of the property in the division, performed by an independent expert, makes it possible to determine objectively and reliably the value of all movable and immovable capital owned by natural or legal persons; it is then broken down into completed parts with a certain price.

Which, in turn, leads to the result that you don't have to divide things that are indivisible in principle, but shares that have market value, which is a civilized approach that is often able to satisfy the disputing parties before the court's decision, save time, money, and nerves.

Our valuation company offers you any asset valuation services. You can find out more about them in the sections.

• Assessment of movable property
• Real property valuation

It may be that some total capital cannot be divided or "in kind" allocated; this is mainly the case with the division of enterprises, industrial complexes, the liquidation of enterprises, the withdrawal of one of the owners of rights holders, etc.

Such a division would inevitably affect the existing links with suppliers and consumers of products, which risked significant damage to the value of the property as a whole, as well as a reduction in the capitalization of parts.

In such a situation, it is much more appropriate to assess the property at market prices, allocate the right holder ' s share of the value and pay him monetary compensation for it.

If a dispute arises between the parties in the division of the inheritance, they may, like legal persons, resort to the services of the evaluation company and resolve all matters in the pre-trial procedure.

Otherwise, the property dispute is decided by the court, in which case the valuation of the inherited property is compulsory.

If the spouses do not have a marriage contract, all joint property shall be shared equally (although sometimes for some reason this principle is not respected); if there is no agreement on its value, the services of the appraiser shall be used.

The case could also be resolved in pre-trial proceedings only with a detailed assessment report in hand, otherwise the former spouses would be assisted by a court.

The valuation of property on divorce is made at market prices for similar goods on the market, taking into account the degree of physical and moral wear and tear.

The parties to the dispute may choose an independent valuer by mutual agreement; if the case comes to court but the valuer has not been approached by the spouse, the court itself shall designate the procedure for the valuation of the property and determine its candidate, in which case the amount of the valuation shall be accepted unconditionally.

And Allah is Oft-Forgiving, Most Merciful.

By the way, there's nothing to prevent one of the spouses from standing before the court among the rating companies, but the court agrees with it, unless the other party is against it.

It should be noted that only common property acquired jointly during marriage is divided into:

• Income of both spouses from work, business and intellectual activities.
• pensions, benefits and other payments from the State if they do not have a special purpose (e.g. financial assistance, compensation or damage).
• property, shares, securities, etc.
• Savings and deposits;
• Winners in the lottery;
• Motor vehicles and other transport;
• Debts (lost loans) documented if money is spent on general needs (purchase of housing, furniture, children ' s education, etc.);
• Domestic appliances, video and audio equipment, etc.

In order to separate personal effects from the division, it is necessary for the owner to provide documentary evidence that it was acquired before the marriage.

These are purchase cheques, purchase dates contracts, if they are valuable gifts, the information from the place of work/service confirming the delivery of such a gift.

Otherwise, if one of the spouses contests the fact that a particular thing is personal, the court must resort to the testimony of the witness, and it may be that the personal property is transferred to the common property.

This is usually the case if the spouses are jointly making significant changes to it, which result in a significant increase in the value of the latter; for example, one of the spouses had an apartment prior to the marriage, where a large amount of work was carried out jointly after the marriage (campae, remodelling, etc.).

The valuation of property in the event of divorce is also necessary to determine the amount of the State duty in an action for the division of property, and the amount of the State duty depends on the price of the claim (the amount in which you have valued all your property to be divided).

If, in the division of property between spouses, the court divides the property in equal shares, its evaluation is necessary to determine the amount of monetary compensation to be paid to one of the spouses.

If it is physically impossible to separate the joint property, it can be sold and divided between the spouses, or one party is obliged to pay the other party monetary compensation for it; in such a situation, only the procedure for determining the value of the joint property when it is divided will help to avoid unnecessary litigation.

It should be noted that the sections are not subject to:

• Real estate privatized on one of the spouses;
• Items purchased for children;
• Children ' s bank accounts (irrespective of who opened the accounts)

If you have a problem with the divorce and the division of property, please contact our evaluation company.

Assessment of property in the event of divorce

Struy CONSUL assists its clients in Minsk in assessing the market value of the property of the spouses in the event of a divorce; if a dispute arises between the spouses during the divorce, the division of the common property and, in addition, the determination of their shares shall be made in court, on the basis of the results of an independent evaluation of the property acquired jointly.

The division of property upon divorce may take place both during the marriage and after the dissolution of the marriage, during the period of limitation required by either of the spouses, or upon the creditor ' s application for the division of the common property of the spouses in order to recover the share of one of them.

StrojCONSUL organizes in Minsk the best possible independent evaluation of the value of the property in the event of a divorce, both in court and in accordance with the application of the spouses for the pre-trial division of their property.

Assessment of joint property after divorce

During the division of the common property of the spouses in the Republic of Belarus, on the basis of the company ' s assessment, the court will determine which property is to be transferred to each of the spouses; in the event that one of the spouses receives, in the event of divorce, property the value of which is higher than the amount due to him, the other spouse will be entitled to monetary compensation in the appropriate amount.

The court ' s assessment of the property in the event of divorce is based on the need to take exhaustive measures to determine as correctly as possible the number of the spouses ' common property as well as its market value at the time of the judgement; our company ' s specialists in Minsk have very high qualifications to make the best assessment of the spouses ' property in the event of divorce; we are willing to offer our services to clients from the Republic of Belarus.

• Call us right now on the phone:
• +375 17 214-84-44
• +375 29 159-84-44
• You can request an assessment for a statement of claim in Minsk and other cities of the Republic of Belarus:

- A list of cities of RB: Baranovici Baran Begoml Belozezznik Berezenezno Berešešnošnovka Bešenčkivkošnykošnykoškivkoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškoškokkokhkokhkokhkokokokokokokokokokočičikovkkikkičičičičičikovikovičičikovičičičičičikovičičičičičičičičičikovičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičičički Kkkikovkikovkikovkikovki Kkki Kki Kkikovkikovkikovkikovkikovki Kkikovkikov Kkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikovkikikikikovkokovkokovkikovkikovkikovkokovkikikiki Kkikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikikovkikovkikovkikovkikovkikovkikovki

How does the valuation of property take place in the event of a divorce?

Objectives of the evaluation

It may be necessary to assess the property of the spouses under the division for the following purposes:

• For the equitable distribution of property in proportion to the amounts determined;
• To calculate the amount of the State duty when filing an application with the court;
• To determine the amount of monetary compensation to be paid by the party in whose personal ownership the property is transferred;
• In order to determine the market price at which the jointly acquired property may be sold and the proceeds subsequently divided according to the specified shares.

Which property is to be valued?

The valuation of the property under separation may be required both in the case of an agreement between the spouses and in the case of a court dispute, with the following types of joint property subject to valuation:

• Income from business or work, pensions and other monetary income;
• Real property (houses, private houses, office premises, land, etc.);
• Vehicles;
• Business or business share (see our article for more details on how to divide business);
• Securities;
• Cash deposits.

It should be borne in mind that the valuation of property in a divorce through a court is not required for the personal property of the spouses: copyrights on the results of intellectual activity, personal belongings (dresss, shoes, etc., excluding jewelry and luxury goods), as well as property obtained through free transactions (in inheritance, under gift contracts).

The valuation of real property in the division of property is the basis for a fair distribution of property between the parties, and the property may be divided in half or with an increase in the proportion of the parties with whom children under the age of majority remain.

How and by whom does the assessment take place?

The assessment of property in court or in peace agreement is carried out by an independent evaluator, and the evaluation of property in divorce may be ordered by means of both a private expert and an evaluation firm, and the independent evaluator must be required to:

• Appropriate qualifications;
• The status of an active member in one of the self-regulating organizations of the evaluators;
• Occupational risk insurance policy.

The valuation of joint property under the division is based on a review of the relevant documentation, as well as a visual inspection, and a specific list of the required documents depends on the type of property assessed.

• Law-making documents;
• Sales contracts;
• Technical passports;
• Cadastral passports (for land);
• Informative documentation, multi-year financial statements and accounting records (if a business evaluation is carried out);

The Aphill Consulting Group provides assessment services for the division of property upon divorce. The company's specialists assess all types of property as soon as possible and comply with all the requirements of the law. In order to know how much it costs to value property upon divorce, move to the "Ten" section. We also have a free prior rapid assessment service available.