A suit for division of the apartment between the spouses (model), an application for division of the share of the dwelling

The Main "Section of Property "Application for division of the apartment between former spouses after divorce

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The division of the apartment may take place either during or after the divorce, but within the time limit.

It should then be determined how the division of the apartment would be carried out and only then proceed directly to the separation procedure itself, on the basis of the court ' s decision.

How to make a proper claim for the division of the apartment between former spouses

When dealing with real estate problems between spouses, the most important thing is to draw up a statement of claim; it is on the basis of this document that the court will decide.

Of course, some of the information may be provided orally by the parties, but if it is not documented, words will have little influence on the court ' s decision.

The same is true of any information in the statement, which is not confirmed.

Possible problem

In the vast majority of cases, a claim is brought before a court only when it is necessary to separate the joint property with its prior recognition.

So the main problem is to recognize property as a joint property. If the apartment was acquired in a marriage, there's nothing hard about it. Even if only one of the spouses works, any property purchased after the wedding is automatically considered to be a joint property. And quite another situation, if the apartment belonged to either of the spouses before the wedding, it was inherited or donated.

Facilities of this type are considered personal property and cannot be divided upon divorce, with some exceptions.

If an object has been obtained by any of the above-mentioned means, but is already married, improved, modernized, paid for or undergoing major repairs from the family budget, it can be considered to have been legally acquired jointly. Recognition and division are usually combined in a single claim, although this is not necessarily a requirement.

Example No. 1:: The apartment was purchased by the husband before the wedding and is personal property; however, during the marriage, the spouses carried out major repairs, which dramatically increased the value of the property; such property may be recognized as joint property.

Example No. 2: The apartment was purchased on loan by one of the spouses before the marriage, but the mortgage payments were made from the family budget for many years together; such real estate may also be recognized as joint property.

Example No. 3:The wife received an apartment on her inheritance, she was in an uninhabitable condition, and after taking advantage of the money also received on her inheritance (and therefore also considered to be personal property), the wife made major repairs to the property without attracting the husband or the family budget; such property will not be recognized as a joint property.

In accordance with article 131 of the Code of Criminal Procedure, the following information must be included in the document:

• Name and address of the court to which the application is made.
• FIO, passport data, telephone and address of the plaintiff and defendant (the latter may also be avoided without passport data if they are unknown or not accessible).
• The value of the claim: it is determined by the spouses themselves* or may be determined by a licensed valuation company; the price of the claim is necessary in order to determine the amount of the State duty.
• If the plaintiff plans to interact with the court or the defendant through a representative, his or her data should also be included, and a power of attorney should be added to the attached documents.
• Name of application.
• Description of the situation: It is necessary to specify the following information:
  • When the marriage was concluded and dissolved, on the basis of what, where and for what reason.
  • Information about the children, their birth certificates, if there are no children, that's it.
  • Data on the apartment, when it was received, who became the owner, on the basis of which, how it happened.
  • Information on the attempt to resolve the situation in pre-trial proceedings: This is relevant if the former spouses continue to communicate and can actually try to agree; a separate document is issued, which is also attached to the claim; it has a very strong impact on the court ' s decision, especially if the plaintiff offers the defendant adequate and realistic options for the division of real estate and refuses to do so without justification.
  • Reference to the law on the basis of which the claimant makes a claim (see below).
• Specific, clear and non-duplicative claims by the plaintiff against the defendant need to be specified how the plaintiff wants to separate the real estate and what to do. The more detailed it is, the better.
• The list of documents attached to this document: Ideally, any facts listed in the document should be supported by the attached document; however, it is not necessary to prove the facts that are generally known and/or obvious to all.
• Date and signature.

If the amount is determined on its own, it may be challenged by the respondent or the court if the claimed value is considered to be too high or too low; in any of the options, the evaluation company will still have to pay for the report, so it is better to do so in advance by excluding possible disputes.

In order for the court to confirm the plaintiff ' s claims for certain parts of the apartment, to disprove them or to make its own proposals, it is necessary to look very carefully at the evidence of its right.

• Checks and receipts (e.g. building materials for real estate repairs).
• Payments from the bank (relevant to mortgage).
• A witness interview.
• Agreements between spouses and construction organizations.
• The testator's death certificate and/or will.
• It's a real estate gift.
• Bank statement (relevant when the apartment was repaired at the expense of one of the spouses).

Example No. 1:: The apartment was purchased before the marriage, but during the marriage the spouses made major repairs from the family budget through their own efforts.

In such a situation, there may not be contracts between the family and the construction organizations, but it is likely that checks for construction materials will remain.

It would be good to attach photographs of the premises before and after repair and/or video recording of the repair process itself.

Example No. 2:The apartment was obtained from a marriage gift, which was already in an excellent condition, and the spouses immediately entered the new premises and lived there for many years without making any significant changes.

Such a facility cannot be recognized as a joint asset because the mere fact that a person has lived in an apartment does not mean anything yet; it is logical that in such a situation no evidence can be attached, for lack of such evidence.

The Court of Justice hears cases in which the claim price does not exceed 50,000 rubles.

Given that the minimum cost of even a tiny one - room apartment is almost never less than 500 - 600 thousand, it is recommended that you apply to the District Court, where such applications are considered.

It is necessary to choose the court of the defendant ' s place of residence; if this is not possible, it is possible to bring an action before the court of the place of registration of the disputed apartment or even of the plaintiff ' s place of residence.

Time frame

During this period, either spouse may file a claim for the division of property; some miscalculate the period from the date of dissolution of the marriage, although in fact it does not begin to flow until the rights of one of the spouses have been violated.

Example: If, after the divorce, the spouses did not conflict with each other and shared the property (perhaps, surrendered and shared the profits in half), the limitation period is not yet counted.

When one of the spouses decides to enter the apartment in person and restrict access to it for the second, the limitation period will begin to expire.

Failure to do so would leave the property behind the owner noted in the documents.

The process itself takes about two months, but in some cases it can be extended by four months or more, depending primarily on the complexity of the case, and in the second, on the workload of the court.

Which articles of the law to refer to

The following articles of the Family Code should be invoked in the preparation of the claim:

• Describes the property of the spouses as joint property.
• Provides information on how to own and dispose of the joint property of the spouses.
• He describes the division of property between the spouses.
• The amount of each spouse ' s share shall be specified.

Civil Code:

• The division of joint equipment.
• Common property.

The Civil Law Code:

• The division of legal expenses (statals) between the parties is relevant in the event that the plaintiff plans to claim the defendant ' s money as well.
• Reimbursing the services of representatives, the same as with the civil servant, but with regard to the payment of legal fees.
• Describes the statement of claim.
• List of documents annexed to the application.

Model application for division of the apartment after divorce

To download a sample of the claim for the division of the apartment between the ex-husbands

Documents attached

The following documents should be attached to the statement of claim:

• Copies of the suit and all the documents, one copy of each paper for each party, including here the judge.
• It's a bill of payment for the mistress.
• The passport of the plaintiff and the defendant (or simply the plaintiff).
• Marriage, divorce, birth and/or death certificate, as appropriate.
• Law-making documents for disputed real estate and transport.
• A report on the assessment of the dwelling (if the claimant used the services of an assessment company).

Depending on the situation, the parties may attach any other documents to the suit if they have any influence on the court ' s decision.

The State ' s duty to file such an application is determined by article 333.19, paragraph 1, of the Russian Federation ' s article 333.19. In the case of a flat, we are more interested in the last two paragraphs, since it is unlikely that even part of the real estate will be worth less than 200,000 rubles.

When stating the price of the claim, it is not the full value of the property, but only the price of the share claimed by the claimant.

Example #1:The disputed one-room apartment, according to the evaluation report, is worth 600,000 rubles. The plaintiff claims half to 300,000 rubles, which means he has to pay 1% of the sum of more than 200,000 rubles and an additional 5,200 rubles.

Example No. 2:The disputed apartment costs 3 million rubles, the plaintiff claims half = 1.5 million rubles, which means he has to pay 0.5% of the sum of over 1 million and an additional 13,200 rubles.

In addition to the public service, the services of the evaluation company are likely to have to be paid; prices vary widely, but on average there are rarely fewer than 2,000 rubles and more than 5,000 rubles.

As a rule, the court simply divides the apartment into two equal shares of the ex-wives who are their owners, which means that they live together and use the premises, which is hardly acceptable to anyone (not to be divorced to live together). As a consequence, the application must specify immediately which options of the section are considered possible or impossible:

• Monetary compensation: The plaintiff requires the defendant to pay his due share of the apartment; in this case, the plaintiff may request both the ransom of his share and the ransom of the defendant ' s share; the defendant ' s consent is usually required, and only in very few cases will the court decide to enforce the recovery of the value of the defendant ' s share of real estate.
• Exchange: The plaintiff requires the exchange of his share of the defendant ' s other property; voluntary consent of the defendant is always required; this is rarely a requirement in court, since if the spouses can agree, they can also resolve the matter in pre-trial proceedings.
• The plaintiff claims to sell the disputed apartment and share the proceeds between the plaintiff and the defendant.
• Selection in kind: The plaintiff requires the physical separation of the apartment into two separate rooms. It must be borne in mind that this implies a separate exit for each half, separate communications, the formation of a new address, and so on.

Peace accord

In the course of the proceedings, the parties may conclude a settlement agreement which immediately terminates the proceedings.

This document should include all the conditions and requirements of both parties and should be signed only if you really agree with everything written and no longer file claims.

This is because such settlement agreements are almost impossible to challenge, because they are concluded directly in court and there are many witnesses to the fact that both parties have already resolved the conflict and agree with the agreements reached.

Meeting statement of claim

It should also be borne in mind that the defendant may file a counter-claim describing the situation as he sees it and may even make counter-claims against the plaintiff.

Such applications were considered simultaneously and the court could therefore not make the decisions that the plaintiff had expected.

In the latter case, it must be borne in mind that the parties have one month to appeal from the date of the receipt of the court ' s decision.

The division of the apartment between ex-husbands through court is a last resort, which should only be resorted to when it is not possible to negotiate out of court. In any case, in order to deal with all the issues that arise, we suggest that we seek free advice, and experienced lawyers can better identify possible claims and be able to represent you in court.

If you want to solve your problem, then...:

• Please describe your situation to the lawyer on the online chat room;
• Write the question in the form below;
• Call +7.499)369-98-20 - Moscow and Moscow Region
• Call +7.812)926-06-15 - St. Petersburg and Region

Application for division of the apartment: 2023 model and form

It would be wrong to deal in one way or another with property-sharing claims, exclusively through the lens of property disputes between former spouses.

Files in.DOC:Blank of the claim for the division of the apartment............................................................................................................

Any partner, including former spouses, children, grandchildren, etc., has the right to file an application for division of the apartment.

Grounds for writing a statement of claim

A dwelling in modern domestic realities is an extremely expensive investment that not everyone can make on their own, so there are usually several owners.

Several persons may have ownership of the same dwelling if:

• Buying an apartment or house by the spouses during the marriage, including in the case of a mortgage, in which case the spouses are the partners;
• Buying an apartment or house by the spouses during the marriage using the mother ' s capital, in which case the partners will be not only the spouse but also the child;
• the succession of several heirs or shares of the dwelling.

The question of division of the apartment usually arises at the same time as the relationship between the owners deteriorates, and then the option of ending the conflict will be:

• A section with a related change of apartment;
• A section with a subsequent sale of the dwelling and a share of the proceeds between the owners;
• A section of the dwelling in kind that singles out each of the owners of his or her own, roughly the corner of the apartment.

Whatever the result of the above will be most beneficial to the owners, they will have to start with a claim for division of the apartment.

There are, of course, ways to settle the dispute out of court, for example, with the consent of one of the co-authors to pay compensation to the other co-conspirators in the form of the value of their share and with the counter-consensual consent of the co-conspirators to obtain compensation and leave the apartment, but as practice has shown, such agreements are very rare in the event of a conflict situation.

Where to turn

Disputes over the division of the dwelling area due to its high cost are dealt with by district courts (city courts), either at the defendant ' s place of residence or at the apartment ' s place of residence (home).

How to make a claim

We usually recommend using one of the model application templates presented on the website; of course, the website also contains a template for the application for division of the apartment; yet in this case, we would recommend that we approach a qualified lawyer who will take over the application.

The fact is that real estate division claims fall within the category of claims that are subject to increased requirements in the area of legal engineering, because the claim for division of the apartment must be very clear:

• The plaintiff ' s wish;
• Information on shares in the property rights of other persons;
• Information on documents indicating the right to shares;
• The plaintiff ' s claims, depending on the possibility of separation in kind;
• Options for a section if it is not possible to have a section in kind;
• Requirements for use in the case of a section in kind;
• Requirements to establish easements in the case of a section in kind, etc.

If the claim is vague or does not contain all the criteria upon which the court may make the division, the application will be denied; however qualitative it may be, it cannot provide for all possible situations relating to the division of the apartment.

It's possible that no matter how much you hope for your own strength and rely on the templates, you're gonna have to end up with a lawyer.

If, however, you have decided to attempt to file a claim on your own, we recommend that the following scheme be followed:

1. The name of the judicial authority to which the claim is brought;
2. FIO and the plaintiff ' s actual place of residence;
3. FIO and the actual residence of all co-owners and third parties;
4. Name of claim;
5. A description of the background, i.e. the developments leading to the creation of the right of ownership of the dwelling of the plaintiff and the defendant (marriage, use of maternal capital, inheritance, etc.);
6. Information on the dwelling itself and its cost;
7. An indication of the amount claimed by the claimant;
8. A description of the section of the apartment;
9. The plaintiff ' s own request to the court for a division of the apartment with a definition of the share and the option of allocating it (in kind, with compensation, with the establishment of a usage order, with the establishment of a easel, etc.);
10. List of documents attached to the statement of claim;
11. The plaintiff ' s signature and date of filing of the claim.

The value of the dwelling as the price of the claim

The order of the division, the amount of compensation and the amount of the public service depend entirely on the value of the apartment in dispute, and the claim must contain reliable information about its price.

The value of the portion of the dwelling claimed by the claimant will be the price of the claim.

For example, with an apartment price of 1,000,000 roubles, the claim will be worth 500,000 roubles if the claimant claims for 1/2 or 333,000 if he claims for 1/3 roubles, etc.

The cost of the flat may be determined by:

• Based on the inventory estimate;
• Based on market value;
• Based on the assessment of the evaluator.

Documentation of claim

At the same time as the claim, it will be necessary to submit to the court:

• A copy of the plaintiff ' s identity card;
• Real estate documents (extract from REM, cadastral value certificate, etc.);
• Mortgage loans using maternal capital;
• A will or a certificate of acceptance of the inheritance;
• Any other documents relevant to the claim.

State duty

The disputes in the section of the apartment are classified as property disputes and are therefore subject to the following grid:

• At the price of the claim, between 100 and 200,000 - 3,200 roubles plus 2% of the amount of the claim above 100,000 roubles;
• At the cost of the claim, between 200,000 and 1,000,000 roubles - 5,200 roubles plus 1.5 per cent of the amount of the claim over 200,000 roubles;
• At the price of the claim over 1 million roubles - 13,200 roubles plus 0.5% of the amount of the claim over 1 million roubles.

The total size of the public service may not exceed 60,000 roubles.

Consolidated claims

The claim for division of the apartment may be combined with other claims, such as dissolution of the marriage or division of the property of the spouses, which often raises the question of how the amount of the State duty will be calculated.

At one time, in the time of the USSR, there was no State duty on the claims for the division of property that had been made in conjunction with the dissolution of the marriage.

• So it's not gonna be possible to save money by combining claims.
• No matter how many claims are filed, the Minister of State will have to pay for each claim.
• In the event that the claim is wholly property, the amount of the public service will be determined by the total cost of the claim, which will include the value of all the property, including the apartment.

Application for division of the apartment between spouses

Issuance of documents

• How do you get the lawsuit right?
• Where to file a lawsuit?
• Where can you make a mistake?
• Is legal assistance required?

An application for division of the apartment between the spouses shall be filed with the district (city) court at the place where the dwelling is located.

The value of the claim is determined on the basis of the market value of the dwelling at the time of the filing of the claim. As a general rule, the apartment, like all property acquired jointly by the spouses, is divided equally.

Upon the entry into force of the court ' s decision on the division of the apartment, each spouse obtains from the judicial authorities a certificate of ownership of his or her share in the apartment.

Zalzman and Partners provide legal services for the preparation of an application for division of the apartment, and representation in court is not excluded.

• Application for division of the apartment between spouses (model)
• BGrandmother ' s District Court
• Moscow Region
• Claimant: Melnikov Ruslan Victorovich
• Registered to:

Moscow, Shorsa Street, House 54,

1. Building 2, apartment 13
2. Defendant: Melnikova Irina Olegovna,
3. registered at:....................................................................Moscow,
4. St. Peter's, 56th, apartment 201
5. The value of the claim:1,500,000 rubles
6. EXPLANATORY STATEMENT
7. on the division between the spouses of the apartment

May 15, 2014between me -Melnik Ruslan Victorovichand by the Defendant,Irena Olegova, milleron the basis ofDecision of 14 February 2014 of the Justice of the Peace of Court No. 2 of MoscowWe have not applied for the sharing of shared property.

During the marriage, we were acquired.two-roomTotal apartment area48 square metreslocated at:...........................................................................St. Petersburg, Street K. Myshkin, house 45, apartment 12.The apartment was registered todefendant ' s nameThe purchase of the apartment is confirmed.from the EGRP of 23.10.2014

According to article 34, paragraph 1, of the Family Code of the Russian Federation, all property acquired by spouses in a joint marriage is their common property; in accordance with article 39, paragraph 1, of the Family Code of the Russian Federation, in the division of the common property of the spouses, the spouses ' share is equal, unless otherwise provided in a contract between the spouses.

We did not agree to the voluntary division of the above-mentioned apartment, and we did not have a marriage contract; we do not have children together.

The estimated market value of the above-mentioned dwelling is1,500,000 (one million five hundred thousand) rubles (100 cents).

Under articles 34, 35, 38, 39 of the Family Code of the Russian Federation, article 254, 256 of the Criminal Code of the Russian Federation and articles 98, 100, 131, 132 of the Criminal Code of the Russian Federation,

Past Court of Justice:

1. Recognizetwo-roomTotal apartment area48 (forty-eight) square metres.located at:...........................................................................St. Petersburg, Street K. Myshkin, house 45, apartment 12Joint property.

2. RecognizeMelnik Ruslan Victorovich 1/2share of the right to common propertytwo-roomTotal apartment area48 (forty-eight) square metres.located at:...........................................................................St. Petersburg, Street K. Myshkin, house 45, apartment 12.

Annexes:

1. A copy of the statement of claim for the Respondent.

2. Compensation of the payment of the mistress.

3. A copy of the Marriage CertificateNo. 24 of 18.01.20012

Property-sharing application - professional assistance

The Legal Encyclopaedia "MIP " Division of Property " Model Statement of Claim

Contents

Provision of initial legal advice by telephone, office, short-term	Free of charge
Oral or remote advice to clients on property-sharing applications	From 1,500
Provision of written advice, in an expanded format, with references to legal norms	From 2,500
Determination of the value of property	From 7 800
Determination of the share of spouses	From 5 400
Accompaniment of settlement agreements concerning pre-trial property between spouses	From 7 900

Formation of a claim or withdrawal of action	From 5,000
Preparation of a procedural motion, e.g. for the seizure of real property	From 2 300
Formulation of complaints to challenge court decisions	From 3 500
Statement before the primary courts, in a comprehensive manner	From 40 000
Work in appeal or cassation courts	From 42 000
Expediting the executive phase, working with FSPF representatives	From 6 200

Under the general rules, a three-year statute of limitations is applicable in divorce proceedings for claims for the division of property between spouses whose marriage has been dissolved (art.

38 UK), which should be calculated not from the time of the termination of marriage (the day of the State registration of the dissolution of the marriage in the register of civil status at the time of the dissolution of the marriage in the civil registry, but from the date of the dissolution of the marriage in the court) but from the day on which the person became aware or should have been aware of the violation of his or her right (art. 200, para. 1, of the Code of Civil Status) - para. 19 of Decision No. 15 of the Plenum of the Supreme Court of the Russian Federation of 5 November 1998 on the application of the law by the courts in divorce cases.

Jurisdiction

A claim for division of property is made at the place of residence or residence of the respondent spouse (art. 28 of the Civil Code of the Russian Federation).

However, there are a number of exceptions where the plaintiff chooses the jurisdiction of the case (article 29 of the Code of Criminal Procedure).

• - an action against a defendant whose residence is unknown or who has no residence in the Russian Federation may be brought before a court at the place where his property is located or at his last known place of residence in the Russian Federation;
• - Sometimes divorce claims may also be brought before the court of the plaintiff's place of residence in cases where the minor is present with him or, for health reasons, the applicant's departure to the defendant's place of residence is difficult for him (art. 29, para.

In exceptional cases, in real estate, for example, claims for land, subsoil, buildings, including residential and non-residential premises, buildings, structures and other objects firmly connected to the land, as well as for the release of property from seizure, are brought before a court at the site of the site of the sites or of the property seized (article 30, paragraph 1, of the Criminal Code of the Russian Federation).

It should be noted, however, that cases concerning the division of jointly acquired property between spouses at the cost of a claim not exceeding 50,000 roubles are heard by the Magistrate as a court of first instance, in accordance with the rules of civil procedure governed by the Code of Civil Procedure of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation). In other cases (where the value of the claim exceeds the fifty thousand threshold), such cases are decided by the Regional Court. In the case of the joinder of several related claims, the change of the subject matter of the claim or the filing of a counter-claim if the new claims become the subject of jurisdiction of the District Court and the others remain the subject of jurisdiction of the Magistrate ' s Court, all claims are to be heard by the District Court; in this case, if the jurisdiction of the case has changed in the course of the trial before the Magistrate ' s Court, the Magistrates ' Court shall decide on the referral of the case to the District Court and refer the case to the District Court (art. 23, para. 3, of the PC of the Russian Federation).

Form and content of the statement of claim

The provisions of article 131 of the Code of Criminal Procedure, "Forma and the content of the statement of claim", apply.

On the basis of the above provision of the law, the following should be taken into account:

1. The application shall be filed with the court in writing.
2. The statement of claim must state:

• (1) The name of the vessel to which the application is made;
• (2) The name of the applicant, his or her place of residence and the name of the representative and his or her address if the application is submitted by the representative;
• (3) The name of the defendant, his place;
• (4) What constitutes a violation or threat of violation of the plaintiff ' s rights, freedoms or legitimate interests and claims;
• (5) The circumstances on which the claimant bases its claim and the evidence supporting these circumstances;
• (6) The value of the claim as well as the calculation of the money recovered or disputed;
• (7) List of documents annexed to the declaration.
• The application may include telephone numbers, faxes, e-mail addresses of the plaintiff, his or her representative, the respondent, other information relevant to the examination and resolution of the case, as well as statements of the plaintiff ' s requests.

The application shall be signed by the plaintiff or his representative if he has the power to sign the application and bring it before the court.

The application filed by completing the form posted on the Court's official website on the Internet, containing a request for security of claim, is signed by an enhanced qualified electronic signature in accordance with the procedure established by the legislation of the Russian Federation (the application was introduced by Federal Act of 23 June 2016 No. 220-FZ).

The list of documents attached to the statement of claim is set out in article 132.

• A copy of the statement of claim for the defendant;
• A document confirming the payment of State duties;
• A power of attorney or other document certifying the powers of the representative of the claimant;
• The documents supporting the circumstances on which the claimant bases its claim, copies of these documents for the defendants, if they do not have copies;
• Calculation of the amount recovered or disputed, signed by the claimant, his representative, with copies for the defendant.

PS

When applying to the court for the division of property jointly acquired by the spouses, the application must specify (name) all property that the spouses have acquired jointly during the marriage, and it is important to assess the property in question, which can be done in three ways:

• By providing the court with cheques (payment documents, e.g. if credit is available);
• On the basis of an independent determination of the value of the property, taking into account the average market turnover (by means of the Internet, the media), in this case, if the opposing party (the defendant) disagrees with this estimate, it is entitled to rebut it or prove otherwise.
• By means of an expert opinion, i.e. an assessment of the assets to be entrusted to specialists.

This is also necessary for the court ' s determination of the composition and value of the property falling under the division, and the value of the property will also be taken into account.

How to make a statement on the separation of assets: important points

It is possible to file and file an application or claim for the division of the property of the spouses at any time, both during and after the divorce and even during the marriage, if one of the spouses sees a reason for doing so.

An application may be made for both a full list of property and a particular object.

Under domestic law, a claim for division of property may be filed in one or more cases.

The declaration (or claim) of the division of property of the spouses must contain the following information, which is often forgotten:

• Information on the date of the de facto dissolution of the relationship between the spouses may be not only the date of the divorce, but, for example, the date on which the citizens separated definitively, after which the former spouses will not be able to claim each other's property;
• The application for division of the joint property of the spouses may contain information on either the shares or the rights to share; for example, the spouses have a gift that none of them wants to sell; the citizens may agree on time limits and rules of use;
• When applying for a division of property, it is mandatory to determine the amount of the property – the amount of the claim will depend on the amount of the claim and the court to which the application will be filed – up to 50,000 worldwide, above city or district.

You can draw up an application for the division of property following a divorce along the lines set out below, but the best solution will be to seek the assistance of experienced and reliable IPI human rights defenders who will undertake a full set of work and ensure that the application for the division of property is documented and accepted immediately.

Acceptance of an application for division of property by a court

Once a citizen has filed an application for a division of property with a court, it shall be considered within five days, after which a reply will be given, a trial will be filed or no action will be taken. In the event of any defects or defects in the claim, the applicant shall be entitled to correction and re-application within one month.

That the application for division of property has been accepted, the court will inform the applicant separately, as will the appointment of the time and place of the hearing, and during the preparatory process you will be asked to resolve the matter peacefully.

In addition, the court may propose its version of the division of property upon application.

Get the support of a professional lawyer who will not only file a lawsuit but also arrange for interaction with the court.

„

“

Dmitri Alexandrovich 06.09.2022 2:33 p.m.

Good afternoon.

Yes, of course, both are possible. If your interests are to be represented by another person, you will need to have a notary ' s power of attorney.

Sazonov Sergei Vladimirovich 08.09.2022 13:17

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You can contact us at the office address: Moscow, Staropimen Street 18 "MIP_50%" or by telephone +7 (495) 228-26-51, or you can send scanners or photo of documents to e-mail: [email protected]

Lomov Vladimir Valerjevic 09.09.2022 00:00

Ask additional question

„

Hello! How do I file for the property division if I don't have an I.D. on the property and can't provide information?

“

Angelina 16.06.2022 12:16

Hello! You can get an discharge from the burger, it's available to anyone who wants it. You need to specify the address and pay the State tax. You can have all the necessary information in the discharge. You can order the discharge through the FMC or the registration office.

Fedorova Love Petrovna 16.06.2022 12:39

Ask additional question

Angelina 17.06.2022 10:42.

How am I gonna make a request for property that the ex-husband has no information about him, not even the address, he's got everything?

If this property has been acquired during marriage, the court may request it. In the course of the property-sharing process, make a request that you know of the acquisition of a real property by your spouse during the marriage, but its location and more detailed information are not known; make a request directly against a natural person, another person is prohibited by law.

Sybotalov Vadim Vladimirovich 17.06.2022 13:19

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1. „
2. Five years ago, my mom bought an apartment, and she took care of me, and they're trying to evict me.
3. “

Diana 28.04.2022 21:23

If the mother is the owner, it will not be possible to expel her. According to article 30 of the Code of Criminal Procedure, the owner of the dwelling shall exercise the right to own, use and dispose of the dwelling in accordance with its purpose and the limits of its use established by this Code.

Euseva Irina Borisovna 12.06.2022 13:40

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Yeah, that's right.

Boy Larissa Stepanovna 13.06.2022 19:50

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Statement of claim for the separation of an apartment in kind between owners

Under the common property agreement, the claimant ' s share of the property was transferred to the claimant ' s property; the other party to the joint property was the defendant; there were constant disputes between the plaintiff and the defendant about the use and ownership of the dwelling; and no agreement was reached on the separation of the dwelling in kind between the plaintiff and the defendant.

• To the global court station No. ___ The plaintiff: _________________________________________________________________________________ The defendant: Office of the Federal Public Registry, Inventory and Cartography Service
• Address: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• EXPLANATORY STATEMENT

According to the common property share agreement of ___ years, my ownership was transferred to ___ shares of the dwelling located at ________________, the area of ___ square metres of ownership is the respondent. There are ongoing disputes between me and the respondent about the use and ownership of the dwelling.

There is no real possibility of sharing a flat. I have proposed to allocate my share of the total share of the property in the dwelling in kind and to give me the ownership of the rooms __ square metres and __ square metres, which is fully consistent with my share.

247 CK of the Russian Federation owns and uses property held in joint ownership by agreement of all the parties to it and, if consent is not reached, by the procedure established by the court. I now wish to own, use and dispose of my property, as I see fit, in proportion to the shares that I own, i.e., the shares that I own.

There is a technical possibility to allocate a percentage of the dwelling in kind, and this can be done by assigning to me an isolated room, __...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

A member of the joint property is entitled to claim its share of the common property.3 If the parties do not reach an agreement on the manner and conditions of the division of the common property or have made a share of one of them, the joint property member is entitled to seek in court the allocation of its share of the common property in kind.

If the allocation of a share in kind is not permitted by law or is not possible without disproportionate damage to the property in common ownership, the allocated owner shall be entitled to payment of the value of the share by the other participants in the joint ownership.

The disproportionate amount of property allocated in kind to a participant under this article, his or her share of the ownership right, shall be removed by payment of a sum of money or other compensation; compensation may be paid to the participant by the remaining owners, instead of making his or her share in kind, with his or her consent.

In cases where the owner ' s share is small, cannot actually be allocated and does not have a substantial interest in the use of common property, the court may, in the absence of the owner ' s consent, order the rest of the shareholders to pay compensation.

With compensation under this article, the owner loses the right to share in the common property.

A member of the joint property has the right to be provided for its use and to own part of the common property, in proportion to its share, if the said right cannot be realized, the owner may claim compensation from the other participants who own and use the property belonging to him or her.

), article 252 of the Civil Code of the Russian Federation establishes a general principle which implies the need for an agreement to be reached between all the parties to the joint property on the manner and conditions of the division of property in the joint property or for a share of the property of one of them (paras. 1 and 2).

However, this article provides that the failure to achieve the parties ' share of the property in question does not deprive them of their subjective right to share or share in the common property, and that the party concerned is entitled to bring before the court a claim for the allocation of their share of the common property, and if the giving of a share in kind is not permitted by law or impossible without disproportionate damage to the property in common property, the owner allocated is entitled to pay him or her the value of his or her share of the joint property by other participants (para. 3). In accordance with article 252, second paragraph 4, of the Russian Civil Code, the participant ' s payment of compensation by the other owners instead of making his or her share in kind is permitted with his or her consent, but in exceptional cases the court may decide to pay a monetary compensation to the claimant requesting the making of shares in kind without his or her consent: in particular, if the share of the owner is insignificant, it cannot be effectively allocated and he or she has no substantial interest in the use of the common property, the court may, in the absence of its consent to make the rest of the parties in kind property to him or her or her, although the amount of his or her in the amount of his or her, the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of his or the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of my property.

In accordance with articles 23, 131 and 132 of the Code of Criminal Procedure of the Russian Federation,

PLEASE:

To allocate in kind my share of the total share of ownership of an apartment located at,,,,,,,,,,,,,,,,,,, and,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, and,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ,,,,,,,,,,,,,, ,

"------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Claims for division of property of spouses

The marriage between the spouses had previously been dissolved by a decision of the justice of the peace.

In the statement of claim set out below, the plaintiff requests the court to recognize his ownership of part of the movable and immovable jointly acquired property and to transfer it to the defendant.

However, the plaintiff states in the claim that since the value of the share of the property transferred to the defendant exceeds the value of the share transferred to the claimant, monetary compensation is to be recovered in favour of the plaintiff from the defendant.

How can the Minister of State be considered for a claim for the division of the common property of the spouses?See, for example, the article "Proceeds to the Court for an action for division of the property of the spouses".

All sample claimson the dissolution of a marriage with the requirements for the determination of the child ' s place of residence, maintenance, etc., see:

Claims for dissolution of marriage, division of property, recovery of maintenance, determination of the child ' s place of residence

For a discussion of the topic, see the following articles:

To the Justice of the Peace of Station No.

Claimant: N.A.,
Omsk, U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A., U.S.A.
In fact, he is a resident of:

Omsk, U.S.A.,.,...................................................................................................................

Defendant: E.V.,
Omsk, U.S.A.,.,.,..,....................................................................................................................................................................................................................................................

Price of claim: 1,115 500

Statement of claim
on the division of the joint property of the spouses

In March 1997, a marriage was contracted between N.A. and E.V. By a decision of the justice of the peace of the court station No.... KAO of Omska of 19 March 2007, the marriage was dissolved.

During the marriage, the following property was acquired (jointly acquired):

1. Apartment: Omsk,..................................................................................................................
2. AUDI,... year of production, worth 80,000 roubles;
3.

Minsk fridge, two-chamber, white, worth 15,000 rubles;
4. LG washing machine, white, worth 12,000 roubles;
5.

"Samsung" microwave oven, a white hull worth 2,500 roubles;
6. Panasonic television, a black building worth 3,000 roubles;

7. BBK DVD player, a silver body worth 3,000 roubles.

To date, there has been a dispute between the plaintiff and the defendant over the division of the above-mentioned joint property, and no agreement has been reached on the voluntary division of property; no marriage contract has been concluded.

In the division of common property, the court determines, at the request of the spouses, which property is to be transferred to each of the spouses.

In the event that one of the spouses is handed over property the value of which exceeds the amount due to him, the other spouse may be awarded appropriate monetary or other compensation.

Article 39, paragraph 1, of the Family Code stipulates that, in the division of the common property of the spouses and in the determination of their share of the property, the spouses ' share shall be recognized as equal, and that, by virtue of article 39, paragraph 2, of the Code, the court may derogate from the beginning of the equality of 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.

After divorce, the defendant uses the car alone, which the plaintiff does not object to.

Under article 91, paragraph 9, of the Code of Criminal Procedure, "in claims for ownership of an object of immovable property owned by a citizen on the basis of the value of the object, but not less than its inventory estimate or, in the absence of it, not less than the valuation of the property under the insurance contract".

However, all the legal documents (including the technical passport) for the apartment (as for the rest of the joint property) are in the hands of the defendant, who obstructs the right to use the disputed dwelling; in fact, the claimant is not in a position to make a market assessment of the disputed apartment, as this requires access to the valuer ' s apartment, which is not possible for the above-mentioned reason.

According to article 91, paragraph 2, of the Code of Criminal Procedure, "the value of the claim shall be stated by the plaintiff. In the event of a clear discrepancy in the price indicated, the effective value of the property claimed shall be determined by the judge in the acceptance of the claim".

Thus, the plaintiff ' s own price is determined.

Moreover, neither article 91 of the Russian Code of Criminal Procedure nor other provisions of the law provide for an obligation for the plaintiff to carry out pre-trial market assessments of property.

In accordance with the above and on the basis of articles 38, 39 of the Family Code of the Russian Federation, articles 131 and 132 of the Code of Criminal Procedure of the Russian Federation;

Past Court of Justice:

To recognize my ownership of the following property:

1. Minsk fridge, two-chamber, white, worth 15,000 rubles;
2. LG washing machine, white, worth 12,000 roubles;
3. "Samsung" microwave oven, a white hull worth 2,500 roubles;
4. Panasonic television, a black building worth 3,000 roubles;

5. BBK DVD player, a silver body worth 3,000 roubles.

Admit to me the ownership of 1.2 shares in the ownership of the apartment at: Omsk, ut.,...................................................................................................................................

Recognise the defendant E.V. the ownership of the 1.2 shares of the right to an apartment at Omsk, ut.......................................................................................................................

Recognise ownership of the AUDI... year of production worth 80,000 roubles for the defendant E.V.

2. Since the value of the share of the property transferred to the respondent exceeds the value of the share transferred to the plaintiff, compensation in the amount of 22,250 roubles (calculation attached) should be awarded to N.A. in favour of the defendant E.V.

Annex:

1. A copy of the statement of claim for the Respondent;
2. A bill of payment for the Ministry of Foreign Affairs;
3. A copy of the divorce certificate;
4. A copy of the facial account;
5.

A copy of an extract from the Single State Register of Real Property Rights and Housing Rights Transactions at Omsk, Street, D., square...;
6. Application for evidence;
7. Application for a stay of payment of the Ministry of State;
8.

Request for seizure of property;
9. Application for notice of the plaintiff to another address;
10. A copy of the power of attorney to represent the plaintiff ' s interests.

• 11. Calculation of the claim
• Originals of these documents will be submitted to the court session

"___________________________________________ Signature /..............................................................................................................................................

See other documents in this case:

All documents before the court (procedural documents):

Applications to the court;
Applications to the court (public legal relations, special proceedings.

);
Applications to court, applications;
Objections (recalls) to the claim, complaint, arguments before the court;
Complaints to the court (appellate, cassation, supervisory, private);
Complaints against a decision in an administrative offence case;
Complaints to the Public Prosecutor ' s Office and other authorities;
Complaints, petitions, petitions in criminal proceedings;
Other procedural documents;
Pre-trial claims (models), claims, responses to claims.