An action for the division of inheritance property, a claim for the division of inheritance property (model)

The division of inheritance property between heirs is not an easy matter.

The services of an attorney in the legacy cases of our law school will help to make things right and on time.

Procedure for the division of inheritance property

It is for the heirs to decide the division of the estate and the level of compensation, and partial waiver is not permitted.

There is a set time frame for the division of inheritance property, which should be carefully monitored; it should be pointed out that if the date of succession is missed, but in fact you have inherited, the necessary action would be to establish the fact that an inheritance is accepted on a time-out, which is not simple, but in practice we have proved many times what is possible.

There is also a need to understand that the means of protecting rights may vary widely – issues ranging from determining the property to be inherited and divided before recognizing the heir as unworthy (you would not believe, but this is also used in inheritance disputes).

The law is on your side when the estate is divided by a notary, if you:

• Co-owning indivisible property;
• They did not possess the inheritance, but it was in a frequent situation.
• Segregate the living quarters;
• And when the heirs divided the dwelling.

ATTENTION:: The notary can specify the list of inheritance documents, it is standard, and our specialists can help you in this matter.

Separating inheritance through court

It may be necessary to file a claim for the division of inheritance property; the document must be written; if there is no solution to the dispute, which is quite common, one of the frequently considered options is the action.

Then you'll be able to do the right thing. You'll have to understand that legal disputes between the heirs are one of the most frequently considered categories of disputes in our country.

A claim for the division of inheritance property must be made in accordance with all the rules of civil procedure; otherwise, the representatives of the judicial system will not accept your document.

For example, including an apartment in the estate is also one of the most common types of cases; if necessary, consider all the claims that will be included in the claim.

It is possible that, apart from the division and inclusion of the subject matter in the estate, the necessary requests to the court are still needed to obtain a favourable decision.

See how to file a lawsuit in court.

Model application for inheritance and compensation

• To the Federal Court of the Lenin District of Yekaterinburg
• SECRET:
• Ah.
• ANSWER:
• Ah.
• The authority of guardianship and guardianship of the Lenin district

Ekaterinburg, Diversal Street, 24.

 

Statement of claim

on the division of inheritance property

On 7 January 2009, my husband died. After his death, the legal heirs were I (wife), (daughter), (son), (mother).

The composition of the estate is as follows:

1. 24 housing house, located at Catherineburg, with a market value of 6,613,000 roubles.
2. The LAND ROVER DISKAVERI vehicle, estimated at 790,000 roubles per day of death.
3. A VOLVO XS 90 car with an estimated value of 740,000 roubles per day of death.
4. A smooth shotgun, BRAUNING GOLD, estimated at 44982 roubles on the day of death.
5. A smooth-cut ZIMSON gun, estimated at 3,429 roubles per day of death.
6. A smooth-strength IJ-27M-KT rifle, estimated at 3,750 rubles per day of death.
7. BRAUNING BAR, estimated at 41,976 roubles per day of death.
8. BLAZER R 93, estimated at 84,132 roubles per day of death.
9. A land plot located at Yekaterinburg, with a current market value of 1,440,000 roubles.

In the said property, C.F. owns 12 shares as the spouse of the heir, since all the property was acquired during the marriage, so the value of the estate is as follows: 4,880,634 roubles 50 cops.

Also, after the death of the heir, there was a debt of 1,000,000 roubles, which was collected from the heirs in solidarity and paid by me, since the Leninsky District Court of the city had ruled.

The amount of 1,000,000 rubles was recovered from the heirs in solidarity, so that each heir must reply within the transferable estate, and the defendant is legally issued with a certificate of 1/4 shares in the estate of the heir.

In other words, he has an obligation to pay up to 250,000 rubles of the heir ' s debt.

In accordance with article 1175 of the Criminal Code of the Russian Federation, heirs who have accepted the inheritance are liable on the heir ' s debts jointly (art. 323). Each heir is liable on the heir ' s debts to the extent of the value of the heir ' s estate.

Since the debt was paid in full by me, therefore, on the basis of art.

325 CC of the Russian Federation, which provides that a debtor who has performed a joint liability has the right of recourse against the remaining debtors in equal shares less the share that falls on him/her.

Therefore, the defendant has an obligation to reimburse me with 250,000 rubles.

On the basis of article 1174 of the Code of Criminal Procedure, the necessary expenses incurred as a result of the heir ' s pre-mortem disease, the cost of his proper burial, including the necessary expenses for the burial place of the heir, the cost of the protection and management of the inheritance, as well as the cost of the execution of the will, shall be reimbursed at the cost of the inheritance and within its cost.

The defendant therefore has an obligation to reimburse me with 65,529 rubles of 50 cops.

In this case, a loan of 950,000 roubles was taken for the purchase of the car, and after the death of the heir I paid a loan of 918,542, 61 roubles, which means that the heir ' s debt to the heirs is 459,271, 3 rubles.

Consequently, the defendant has an obligation to repay me 1/4 of the half of the debt for the purchase of the vehicle, which amounts to 114,817, 82 roubles.

See the video and find out why any sample of lawsuits, complaints, or claims is better adjusted to our lawyer, write a question in the video's comments.

In addition, I have spent an amount of 14,000 roubles on the valuation of the estate, which was necessary for the processing of inheritance rights, and the defendant's share is 3,500 roubles.

According to article 252 of the Russian Civil Code: "The property in the joint property may be divided between the parties by agreement between them, and the party in the joint property may claim its share of the common property.

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

Under the general rule of this rule, compensation may be paid to the participant by the other owner, instead of giving his or her share in kind, only with his or her consent, but, as an exception, the court may order the other co-owner to pay compensation in the absence of that owner ' s consent.

• Not a small percentage;
• It is not possible to single out a share in kind;
• The owner ' s lack of substantial interest in the use of common property.

In this case, I believe that all of these conditions are present. I believe that it is impossible to provide the defendant ' s share in kind, the cost of the house is 6,613,000 rubles.00 cops, so the cost of the heir ' s share is 826,625 rubles.

On the basis of the foregoing, it should be:

• The total value of the estate is 4,880,634 rubles 50 rubles. Consequently, the cost of the defendant's share of 4,880,634 rubles 50. / 4 = 1,22,158 rubles 60 cops.
• The debt passed to the heirs is 1,000,000 + 459,271, 3 = 1,459,271, 3 roubles, of which 364,817, 82 respondents are obliged to reimburse me.
• The defendant has assets worth 52,161, 86 roubles.
• The defendant has an obligation to reimburse me for 65,529 rubles 50 cops.
• The defendant's share of the evaluation costs is 3,500 rubles.

Recognize the defendant ' s right to monetary compensation for his share of the estate in the amount of 734 149 roubles 42 cops.

which is the difference between the total value of the share of the defendant ' s estate and the share of the debt passed from the testator to the defendant and also the property in the defendant ' s possession.

- 364,817, 82 - 52,161, 86 rubles - 65,529 rubles 50 cops - 3,500 rubles = 734,149 rubles 42 cops

In resolving this dispute, please take into account the provisions on priority law provided for in the Decision of the Plenum of the Supreme Court of the Russian Federation of 29 May 2012 N 9 on judicial practice in inheritance cases.

1. The right to receive, at the cost of its inheritance, an indivisible property, a dwelling of which it is not possible to divide in kind, has the following rights: (1) heirs who, together with the heir, have the right of common ownership of an indivisible property, including a dwelling that cannot be divided in kind, who can exercise this right primarily over all other heirs who were not members of the common property in the lifetime of the heir, including the heir who permanently used it, and the heir who lived in a dwelling that is not to be divided in kind.
2. On the basis of the above, and guided by articles 252, 325, 1175 of the Russian Civil Code, 39 of the Russian Federation
3. PLEASE:
4. To recognize my right to inherit property to the defendant ' s share in the form of:

• 1/8 percentage of dwelling number 24 and land at Yekaterinburg
• 1/8 shares of LAND ROVER DISCAVERE, estimated at 790,000 roubles per day of death.

Recognize the defendant ' s ownership of:

• A smooth shotgun, BRAUNING GOLD, estimated at 44,982 roubles on the day of death.
• A smooth-cut ZIMSON gun, estimated at 3,429 roubles per day of death.
• A smooth-strength IJ-27M-KT rifle, estimated at 3,750 rubles per day of death.
• Monetary compensation by the plaintiff for his share in the inheritance of 734 149 roubles 42, which is the difference between the total value of the defendant ' s share of the inheritance, the share of the debt passed from the testator to the defendant, the value of the property in the defendant ' s possession, and the debt for burial expenses.

Date, signature

You can also see a video on our YouTube channel on inheritance processing and litigation, in which our Crown Counsel is involved:

Counsel ' s assistance and advice in the division of inheritance property

In making a will, it is sometimes very difficult to separate, for example, indivisible real estate.

If there is a will, it usually contains a list of heirs, but it must be borne in mind that it is possible to challenge the will by the heirs and to do so through the court; if there is no will, there is another measure.

Each applicant for inheritance must declare his or her right within six months; this is done by contacting a notary.

Why is there a benefit to the services of a Crown Counsel?

1. ProfessionalismYou must understand that in order to achieve the best result, it is wise to look to well-established professionals with an impeccable reputation, because ignorance of the law never exonerates responsibility. Everyone is familiar with this rule, and professionals in their work will explain to you all the subtleties and nuances that will make it possible for you to do the right thing. We sincerely wish you good luck in this difficult matter.
2. Spoo.CoincidenceIt is also worth noting that the division of inheritance through court is a measure of last resort, which can lead to unnecessary expenditure – time costs, financial costs, and what sin is to conceal – morally. Disputes between relatives are mostly resolved by lost nerves.
3. Time savingsThe decision to turn to experienced professionals is certainly correct, but you must understand that their choice should be taken very seriously, because it will depend largely on the outcome, so choose the real professionals of your business who are sensitive to each client and value his time.

We hope that the information we have provided will help you solve all your problems, offer you the assistance of specialists in the category of inheritance disputes and in other categories of cases, and accompany the succession both at the pre-trial stage through interaction with the notary and in the courts.

In case of dispute, the heirs have to go to court, this is the procedure for the division of inheritance property, and our inheritance lawyer will help you, professionally, on favourable terms and on time.

P.S.: If you have a problem, call our lawyer and we'll try to solve your question: professionally, on favourable terms and on time.

Our new offer is a free legal consultation via an application on the website.

Make an appointment for a lawyer's consultation.

An action for the division of inheritance property, a claim for the division of inheritance property (model)

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There are often conflicts in the processing of inheritance between relatives; any contentious issues can be settled by a court on the application of one of the parties concerned; a statement can be made to a lawyer; however, it is necessary to consider how to file a claim for the division of inheritance property.

Grounds for filing a claim

The main reasons for the division of inheritance property through the court are as follows:

1. The will does not specify the shares of beneficiaries.
2. The claimants disagree with the size of their share of the inheritance.
3. The beneficiary has the right to receive the property; for example, the heir is the co-owner of the dwelling or has lived with the heir.
4. The share of the spouse is not singled out from the estate.
5. The rights of the mandatory heirs have been violated.
6. Other points of contention.

An example.After the death of the citizen, M. inherited her daughter from her first marriage, her son from her second marriage and her spouse. The estate consisted of an apartment, a car, and an account at the bank. The objects were divided into one third of the share.

The money was withdrawn from the account and divided between the recipients; however, the deceased's spouse was permanently living in the living room; the son had no other property; the deceased's daughter used the car; and it was not possible to separate the property on her own.

The son therefore applied to the court for the division of inheritance property.

Segregation of property

The mechanism for the division of property depends on the manner in which the inheritance is taken:

Let's say the heir left the order.The document may provide for the following scenarios:

1. The heir indicated the type of ownership and shares of the heirs.Least problematic option: Although this division does not rule out the possibility of judicial proceedings, for example, if the will affects the interests of the compulsory heir.
2. The will is prepared for all property that will be discovered on the date of the death of the citizen, but without an indication of the shares.Property is divided equally between applicants; the rule on the application of the right to inherit applies to an indivisible thing (art. 1168) of the Civil Code of the Russian Federation.

If the owner of the property has not made a will, the inheritance shall be accepted by law; first of all the relatives of the deceased shall be the relatives of the deceased, and the property shall be divided equally among them.

The exception is the marital share of the property, which is allocated until the actual division of the estate between the applicants, followed by the notary.

However, the spouse will have to file an application and the notary will issue a certificate of ownership on the basis of it (art. 75 of the Notary Act).

If the spouse does not wish to allocate her share of the property, she may file an application with the notary.

Pretrial resolution of the problem

The law offers the heirs a number of decisions on how to avoid litigation:

1. Agreement on the division of property pending the receipt of a certificate of inheritance rights.The document is in writing and submitted to the notary office and, in accordance with the agreement, the notary makes a division of the estate.
2. Determination of the use of joint propertyThis option is appropriate if the certificate of inheritance rights is obtained and the joint property is registered with the authorized authority and the heirs enter into the agreement and register it with the notary.

If the pre-trial issue is not resolved by the heirs or if one of them refuses to sign the agreement, then the proponent of the section will have to go to court.

How to make a proper claim for the division of inheritance property

In drawing up the application, account must be taken of the provisions of the Code of Criminal Procedure of the Russian Federation; the document is submitted in writing only.

Mandatory claims:

1. Name of the court in which the case will be heard.
2. Information on the applicant/defendant/third person: here the address of the residence/location, name, name and patronymic of the citizens.
3. Value of claimed claims.
4. Name of statement of claim.
5. The circumstances of the case.
6. Section option.
7. Reference to regulations.
8. The plaintiff's demands.
9. List of attached documents.
10. Date, signature.

The content of the statement was an equally important part of the document; it could be broken down into several clusters.

Contents of the statement

No. n/a Name of section

1	Description of the fact and date of death of the heir	It is also appropriate to provide information on the composition of the applicants and the extent of the inheritance, as well as a reference to the death certificate.
2	The essence of the conflict	We need to describe the reason why the problem cannot be resolved peacefully. The plaintiff will have to offer his own version of the division of property. The statement of claim must briefly reveal the nature of the problem. The facts of the case will have to be very brief.
3	Reference to the law that protects the civil rights of the heir	C. 2 art. 1153 of the Russian Civil Code – if the inheritance was actually accepted; Art. 1150 of the Russian Civil Code for the purpose of determining the marital share; Art. 1149 of the Russian Civil Code - for the protection of the rights of compulsory heirs; Art. 1122 of the Russian Civil Code, in determining ownership of an indivisible thing.
4	Claimant ' s request	Please separate the estates of the heir as follows:
5	Annex	List of documents that prove the complainant ' s right
6	Date, signature	The right to sign a declaration is vested in the person whose rights have been violated or his representative.

A detailed description of the circumstances of the case, an attempt to resolve the problem in pre-trial proceedings is not recommended for all individuals. No one will read the works of art. The admissible amount of the claim is no more than 3 pages. The circumstances not mentioned in the statement may be presented orally in court or in the form of additional documents.

Model application for division of inheritance property

Model application for division of inheritance property

To download a claim for the division of inheritance property

Documents attached

In order to substantiate its position, the claimant must attach written evidence to the application, and the list of documents depends on the subject matter of the dispute, the number of parties and other circumstances.

The following documents will be required:

• A copy of the application by number of participants in the case;
• The complainant ' s identity card;
• The death certificate of the owner of the property;
• Documents for property belonging to the heir;
• Original document of title (if available);
• Confirmation of the relationship with the deceased;
• Evidence of the dependency of the deceased citizen;
• The testimonial of the heir ' s propiska;
• A report on the value of the assets;
• Evidence of payment of State duty.

If a lawyer acted in the interests of the plaintiff, a notary power of attorney would be required, and the guardians of incapable citizens would be required to submit a court decision declaring the person incompetent and an order for the appointment of a guardian.

Legal representatives of minors must carry:

• Passport;
• The minor ' s birth certificate or passport;
• Order on the appointment of guardianship/guardianship;
• A guardian ' s certificate;
• A contract for the placement of a minor in a foster family;
• The certificate of the adoptive parent;
• An order for placement in an organization for orphans;
• An order for the appointment of the director of the organization;
• A power of attorney signed by the head of the organization.

Secretary of State

If a complaint is filed, it must be paid to the Minister of State, the amount of which must be determined by the Tax Code.

The final tax rate depends on the value of the claim. The higher the amount, the greater the state's revenue. Two factors are taken into account in calculating the amount of the fee: the minimum + percentage of the amount exceeded.

The principle of payment calculation

Price of claim (p) Rate of duty fixed (p) Additional interest

Up to 20 000	4% of the claim, but at least 400p.	No additional interest
Between 20,001 and 100,000 p.m.	800 r.	3 per cent of the sum exceeding 20,000 p.m.
Between 100,001 and 200,000 p.p.	3200 p.m.	2 per cent of the sum exceeding 100,000 p.s.
From 200,001 to 1,000,000 p.p.	5200 p.m.	1 per cent of the sum over 200,000 p.p.
More than 1 million p.s.	13,200 p.m.	0.5 per cent of the sum over 1 million roubles, but the duty may not exceed 60,000 pp.

Procedure for filing a claim

The claim must be filed with the District Court, and the case file must be accompanied by documents confirming the facts of the case.

Options for filing a claim:

• As a general rule, at the place of registration of the defendant;
• If the dispute concerns real estate, the link goes to the location of the object.

Documents may be filed with the court:

• Personally;
• By mail;
• through the representative.

Once the case file has been received:

• The court reviews them for compliance with the law;
• Sets the date of the hearing;
• The court sends a copy of the statement of claim to the defendant and third parties.
• The court shall notify the date of the hearing, the address of the district court, the status of the participants and the list of papers to be provided for the first hearing.

Trial hearing

Actions by the defendant:

1. Upon receipt of the claim, a written objection may be filed against it.
2. If there is written evidence that the plaintiff is wrong, they must be brought before the court.
3. Could report a statute of limitations.
4. He/she has the right to make a counter-claim with his/her version of the section.

Each party is required by law to substantiate the claims; if there are difficulties in providing any documents, they may be requested by a court decision; only the party to the proceedings must make an application.

The parties are exempted from proving the facts if there is a court decision that has examined the same circumstances between the same persons; any document that the parties present to the court as evidence of their position may be challenged by the parties to the proceedings.

If necessary, the parties may use witness statements; witnesses are called to court at the request of the plaintiff or the defendant (art. 69 of the Code of Criminal Procedure of the Russian Federation); the person requesting the invitation of witnesses must indicate the circumstances of the case which they can confirm.

Reasons for extension of time:

• The defendant filed a counter-claim;
• Some of the participants were admitted to the hospital;
• There was a need to demand new documents.

When considering the question of the division of the inheritance, the court must establish the heirs and verify that they have priority over property; the rule applies to the division of an indivisible thing (a flat, a car) and also takes into account the interests of minors and incompetent citizens; the existence of such persons is a basis for the involvement of the guardianship authority in the hearing of the case.

Completion of trial

On the basis of the outcome of the proceedings, the court shall render a decision and the operative part of the procedural act shall be announced on the date of its adoption.

In order to write a full judgement, the court is set aside.5 daysIf the plaintiff/defendant has not participated in the hearing, a copy of the judgement shall be sent to him by mail.

In order to appeal against the act of procedure,1 monthIf the parties do not file an appeal, the decision will become enforceable; if the plaintiff/defendant has filed an appeal, then the judgement will be upheld by a second instance review.

Judicial practice

Where there is strong evidence, the courts are quite often satisfied with claims for the division of inheritance property.

An example.A citizen of Hazova, E. V., filed a claim for inheritance division with the court; her mother died; her inheritance consists of two apartments, two garages, a residential home and two plots of land; in addition to the plaintiff, the inheritance is owed to the husband and son of the deceased; the woman promptly contacted the notary and received a certificate.

It is not possible to take advantage of the property of the plaintiff, but the reason is the wrongdoing of the defendants, and the heirs refuse to make an agreement on the division of the property, and the woman asked for a division of the inheritance, and she is prepared to compensate the defendants for the excess of her share.

The defendants denied the claim, explaining how to use the plaintiff's property, the joint heirs failed, the court granted the claim, and the plaintiff was awarded a 1-room apartment and a garage.

The difference between its share and the value of the plaintiff ' s allocated property must be paid to the defendants (Decision of the Dzerzhinsk City Court of the Lower City Region of 15 February 2011 in case No. 2-370).

Further action by the plaintiff

The judgement is an interim document.

The plaintiff will need to apply to the relevant government agency and obtain ownership of the disputed property:

1. If the court has ruled on the real estate, the heir will have to go to Rosreest, and the applicant only becomes the owner of the property after receipt of the EGRN discharge.
2. If the decision related to the vehicle, it must be registered with the HIDDD.
3. If the subject of the dispute was an enterprise, the person must register with the IFNS.

In order to register ownership, the heir would have to rewrite the package, pay the government fee and file an application.

Prior consultation on inheritance or division of property can be obtained from our lawyers.

You can find out how the inheritance is handled, how each participant's share of the property is calculated, how much the government is worth, or how many documents support the actual acceptance of the property.

However, the preparation of an inheritance-sharing claim is better entrusted to an experienced lawyer. To contact a specialist, it is sufficient to fill in the application through the feedback form. You will be called back at the specified time.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

So contact our lawyer for a free consultation right now and get rid of the problems in the future!

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An action for the division of inheritance property, a claim for the division of inheritance property (model)

The Main "The Legacy "An action for the division of inheritance property

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The division of inheritance property is necessary in a number of circumstances; these may be: the absence of clear instructions from the heir as to the size and composition of the successor ' s share, the existence of an unallocated marital half of the jointly acquired property, or the mandatory proportion of a certain group of relatives not taken into account in the initial distribution of the inheritance.

However, whatever the reasons, situations in which the beneficiaries cannot reach an agreement fall within the competence of the judge: in such cases, the applicant is required to file an action and, at least, to have a minimum knowledge of the basis of the division of the inheritance.

How the amount of the inheritance shares is determined

Before proceeding with the division of property, it is recommended that the principle of distribution of shares be examined, which will help to better justify the position of the interested heir in defending his property rights and interests.

By law

The legislative provisions determine the size and ratio of the inheritance shares among the successors in the absence of personal orders from the heir.

The division is based on the position of applicants for inheritance in the hierarchy established by law; it includes all relatives and family members of the deceased, from the nearest relatives (father, mother, spouse, children) to those who are not relatives (father, stepmother, stepdaughter, stepdaughter, stepdaughter) under the law and genetics, but the opportunity to inherit is in turn.

The legitimate priority of succession is seven groups of beneficiaries.

The first three are the closest:

1. Parents, children, spouses.
2. Grandparents, grandparents, brothers and sisters.
3. Parents' brothers and sisters.

Children of heirs in line 1-3 have the right of representation, i.e. in the event of the death of their parents before or at the same time as the heir, they become inheritors in their place.

The following three steps combine the remaining relatives, from the third to the fifth degree:

1. The grandparents of the inheritor's parents.
2. My cousins, grandparents, and grandkids with granddaughters.
3. Great-grandparents, cousins with uncles, cousins.

Last but not least, the children of the legal spouse and the legal spouse of the parent are entitled to inherit.

The right to inherit by law only arises when there is documentary evidence — birth, adoption or marriage certificates — and blood relatives without official status or civil spouses cannot succeed.

The principle of the distribution of property due to heirs under the right of representation is different: they receive the property rights of the deceased grandparents, uncles, aunts, cousins only as part of their parent ' s share, which is also shared equally among several children.

Dependants

The legal rights of the deceased ' s dependants should be taken into account, and if the heir has kept them for at least one year, they are in the current succession and inherit on an equal footing with them.

The content in this case refers to the receipt by a legally incapable successor of regular sums of money, which constitute the basis of his financial security.

Dependent heirs may include not only persons assigned to the 1 to 7 line of heirs; if the disabled citizen has not been able to work, he or she has lived with him or her for at least a year, he or she also has the right to his or her property.

By will

The inheritance of the property may be made by the owner in his will, and no claim shall be made on the basis of justice; and the heir has the right to free will, and it is only at his discretion that he appoints successors and determines the amount of wealth due to him.

But his post-mortem orders may also be challenged by the right holders of the compulsory share, which includes:

1. Close relatives of the deceased who are unable to work because of age or disability may be parents of retirement age, spouses and adult children who are unable to work for health reasons, or children under 18 years of age.
2. Dependents.

At the same time, their assets are reduced by half compared to what they would have been entitled to under the law.

Marital share

Part of the estate may be owned by the deceased ' s spouse, not only as an heir, but also as a co-owner of the joint estate.

According to article 256 of the Russian Civil Code, property acquired by legal spouses during marriage is recognized as common if it has not been transferred to the husband or wife as a gift or inheritance.

In most cases, it does not matter what kind of contribution one of the spouses makes to the joint assets, in kind (money and other property purchases) or as part of a common service (management, care and upbringing of the child, etc.).

When a man dies, his surviving spouse assigns half of the common property; then the remaining half may be included in the inheritance and distributed among the heirs by means of a universal succession; and the widow or widow shall not be excluded from the inheritance.

When you don't need a lawsuit

The filing of an action is only one possible solution to the question of the division of the deceased's property, possibly also by agreement between the parties.

This method is considered to be simpler and faster, but it is not always the case in practice; the most difficult thing to do is to reach a consensus on the size and composition of all the successors, but if it does happen, it will not be too difficult to continue to process the property.

In order to carry out the division of inheritance by agreement, it is necessary to:

1. To obtain the written consent of equal successors who plan to enter into inheritance rights.
2. Give it to the notary at the place of the last registration of the deceased.
3. To apply for a certificate of right to inherit and to obtain it six months after the death of the testator.

An agreement may be issued by one document in the presence of the notary in charge of the inheritance case or sent to it by mail by the absent parties to the contract, but in the latter case the signatory must be notarized.

On the basis of the agreement received from the beneficiaries, the notary makes appropriate entries in the Single Information System and issues certificates of inheritance to applicants.

Features of filing a claim

When all the possibilities of resolving the separation process have been exhausted, the filing of an action takes place, and it becomes the district court of the place of residence of the heirs who disagree with the position of the plaintiff, the defendants, in the case.

In doing so, the applicant has the right to choose any of them, for example, whose registration address is in the most convenient position.

In order to ensure the progress of the case, the complainant must be accompanied by incontrovertible evidence of his right to it, which must include the following official acts:

• Certificate of death of the owner of the disputed property;
• A will (without specifying the estate due to each heir) or a document confirming the right to inherit under the law (certificate of marriage, birth, change of name, adoption, death of the first successor, etc.);
• The court ' s decision to grant the claimant the status of dependency of the deceased;
• Identification of the applicant;
• The passport of the representative (if any) and the power of attorney if the representative is voluntary, if the legal authority requires a documented basis of representation, the decision of the guardianship and guardianship authority and, in the case of the parent, the birth certificate of the minor;
• Legally establishing documents for objects of the estate;
• Independent site assessment reports.

It is recommended that other documents on the basis of which the court may decide in favour of the plaintiff be attached to the claim:

• The certificate of joint residence with the heir;
• Legally establishing certificate of right to share property with the deceased (excluding inheritance rights);
• Income statement;
• The Panel recommends no award of compensation for loss of tangible property.

In the division of inheritance, the court may take into account the testimony of witnesses, so that if there are persons who can support the plaintiff ' s arguments in a credible and impartial manner, this should be used to strengthen their position.

In general, the actions in the institution of legal proceedings and the subsequent division of the deceased ' s property are as follows:

1. The filing of an action and a package of necessary documents with the court during the statute of limitations. *
2. Payment of the public service (money collection depends on the price of the claim).
3. Retrieving a court decision.
4. Submission of the decision and application to the notary in charge of the inheritance case.
5. Application for a certificate of entitlement to inherited property.

* is three years from the date of the claim, in this case from the date of the discovery of the inheritance.

Model application for division of inheritance property

It is recommended that the following plan guide the preparation of the claim:

1. Part One is an introductory statement, which indicates the name and location of the court, the IFI and the address of the plaintiff and defendant(s), the price of the claim.
2. Part Two is motivational, setting out the basis for the application, the key details of the dispute, and listing the circumstances that support the applicant's claims.
3. Part Three - the place for the applicant's well-formulated and legally based claims and proposals.
4. Part Four - Annexes: This block contains a list of supporting documents and evidence in the case.

At the end of the claim, the claimant ' s signature is signed and the date on which it was filed with the court is indicated.

The application should also include any reliable information that may increase the chances of success for the plaintiff; for example, under article 1168 of the Russian Civil Code, the right to an indivisible object (housing area, vehicle, etc.) is vested in the heir, who owns part of it or who has used the disputed object on a permanent basis even before the death of the heir.

Pick up a sample of the claim

As practice has shown, the most difficult thing to do in the form of inheritance is not to accept or prove rights to it, but to divide it; not all objects have the same material or personal value in the inheritance mass, and for some of them there are irreconcilable disputes between the successors.

When it comes to defending his position in court, it is very important for the complainant to find and communicate to the judge compelling reasons for the thoroughness and legality of his claims.

The lawyers of the Ros-nasledstvo.ru portal can help with this and other tense moments of inheritance proceedings.

In order to receive free counselling, contact them through the form of feedback at any time that is convenient for you.

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
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Property-sharing claim (model)

To the Soviet District Court of Omsk

The plaintiff: M.W.,
Living at:.......................................................

Defendant: E.V. v.
Resident at:

Price of claim: 130,000 roubles
Gosh: 147,000 rubles.

Claims for the division of inheritance property

On 1 February 2011, my mother, R. I., died.

I, M. V., is the heir to the first line (the daughter of the deceased R.I.).

At the time of R.I. ' s death, the following property was owned:

1. A single-room apartment at Omsk, U.S.A., with a cost of 130,000 roubles;
2. 2/3 shares of a two-room apartment at Omsk, U.S.A., worth 800,000 rubles

A certificate of right to inherit was issued in accordance with the Act of 22 May 2012.

In accordance with article 1152, paragraph 4, of the Criminal Code of the Russian Federation, accepted inheritance is recognized as belonging to the heir from the date of the opening of the inheritance, irrespective of the time of its actual adoption, and regardless of the time of the State registration of the heir ' s right to inheritance property, when such right is subject to State registration.

According to article 1114 of the Russian Civil Code, the day of the discovery of the inheritance is the day of the death of the citizen.

Under article 252, paragraph 2, 3 of the Civil Code of the Russian Federation, a participant in joint property is entitled to claim his or her share of common property; if the parties fail to obtain an agreement on the manner and conditions of the division of common property, or if they have made a share of one of them, the participant in joint property is entitled to claim in kind the share of common property.

The inheritance property in the form of a one-room apartment at Omsk, ut.... and 2/3 shares in the right to a two-room apartment at Omsk, ut.... was transferred to the common estate property (the plaintiff and the defendant).

The plaintiff was unable to agree on the division of property; the latter denies such a possibility in principle.

In this regard, I believe that one of the two inherited apartments should be transferred to the ownership of the plaintiff and the share of the right to the other to the ownership of the defendant.

On the basis of the above, in accordance with articles 252, 1141, 1142, 1164 of the Civil Code of the Russian Federation, articles 24, 131 and 132 of the Code of Civil Procedure of the Russian Federation, I request the court to:

Segregate the inheritance remaining after the death of R.I. as follows:

Recognise the defendant E. V. ownership of 2/3 shares of the right to an apartment located at Omsk, Street...;

I also request that the court:

To request an inheritance case opened after the death of R.I., who died on 1 February 2011 at the address of a notary of the FIO, Omsk, Uh...

Annexes:
1. A copy of the statement of claim;
2. A copy of the death certificate of R.I.;
3. A copy of the certificate of succession;
4. A copy of the report of the Omani Society of Valuationrs on the cost of an apartment located at:............................................................
5. A copy of the report of the Omani Society of Valuationrs on the cost of an apartment located at:................................................................

6. A receipt for the payment of the Minister ' s office.

• Signature........................................................
• All documents to 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.