What documents are needed for the division of property upon divorce: list, list

Almost half of the marriages are dissolved, and when people divorce, the question of the division of the assets during the marriage is inevitably raised. What documents are needed for the division of property, where to take some of them and where to deliver them. These and other issues will be dealt with in this article.

Distribution of property through court

The vast majority of those who break up the marriage are separated from each other by a relationship of conflict, by agreeing on whom and what property the spouses will not be able to obtain, in which case the only option is to arrange for the forthcoming division of the joint estate only through the court; the following documents for the division of property will be required to initiate the procedure.

General documents

1. Statement of claimIt can be written by itself or by a lawyer.

The text of the claim must necessarily state the following:

• Name of district court or justice of the peace where the suit is brought.
• F.I.O. of the plaintiff and defendant, their address, can be identified by telephone numbers, e-mail addresses.
• The name of the statement of claim.
• The value of claims based on the value of the property claimed by the claimant.
• Description of the situation (state of marriage or divorce, conclusion of a marriage contract, presence of children, other specific circumstances of the case).
• List of specific joint property requested by the claimant.
• A reference to the sole property of one of the spouses, which has been improved during the period of the joint life.
• References to the law (arts. 34, 37, 38, 39 of the Family Code of the Russian Federation).
• The requirement to separate the property, to assign to the property of the plaintiff and the defendant specific property with an indication of the shares; if, in addition to the requirements of the division, other (e.g. divorce, recovery of maintenance), other (e.g. divorce) is declared, they shall be indicated.
• List of documents annexed to the statement.
• Date, signature.

2. In order to determine the price of the claim, it is necessary to establish the amount of the plaintiff ' s property claims.To do this, you have to evaluate all the property that you're planning to divide, and how you measure it will depend on the kind of things the spouses are going to share.

When a division of an apartment is planned after or before divorce, the following types of cost may be used to determine its price:

1. Inventory is provided by technical inventory authorities (BTIs).
2. Cadastral — contained in a cadastral passport, an extract from EGRP/EGRN.
3. The market is defined in the report by the evaluator in determining the assessment of the apartment, taking into account its actual condition and repair.

It is up to the plaintiff to decide which of the particular values to choose; it is not for the court to impose an obligation on him to use a particular method; we recommend the use of an inventory estimate because it has the lowest price expression; accordingly, the government will be able to pay less.

• When a car is divided, it is possible to calculate the cost of the claim from both the value of the claim at the time of purchase and by ordering an appropriate report from the evaluator, in order to determine the value, taking into account its actual condition and mileage.
• If it is necessary to divide furniture, household appliances and other similar items, it is sufficient to attach copies of the cheques and other payment documents issued at the time of their purchase. In the case where the required documents are in the possession of the other spouse and he refuses to provide them, you can order the report of the evaluator on the approximate value of the items in question. The plaintiff can also determine their estimated price by stating that it is impossible to obtain the necessary documents. In the case, the court will oblige the defendant to submit the necessary documents.
• When a GLD is divided, the duties are calculated on the basis of the size of the statutory capital.

In order to accept the application, it is necessary to pay the Minister ' s fees.which is calculated on the basis of the price of the claim, and which requires the summation of the value of all the property that the plaintiff wants to own, which is what the Minister of State has to calculate.

If the item is divided equally or in other shares, the value of the claim must be included on the basis of the required share.

For example, the husband claims half an apartment with a value of 3,000,000 rubles and a television set with a value of 30,000 rubles.

Charges can be obtained from the court's official website and are generally posted under the heading "Background information".

You can also take a prop form from the court's office.

If a claim is filed, the original payment document must be attached. If a copy is attached, the claim will be returned.

The law exempts a number of categories of citizens from payment of duties, including persons with disabilities in groups 1 and 2, as well as heroes of Russia and the USSR and cavaliers of the order of Slava.

Marriage documents- a declaration of imprisonment if the divorce is not granted, if the division of joint property takes place after the divorce (copy).

Childbirth documents (copies).

Marriage agreementby which the principles of division (when it is concluded) are established other than in the law.

Copies of documentsconfirming that things were acquired by a couple during the marriage period.

• When housing is divided, a certificate of right or discharge from the EGRP or EGRN is provided, and if a dwelling is purchased before 1997, a contract of sale or a man with a BTI stamp on the registration of property may be submitted.
• A copy of the certificate, PTS, is attached to the division of the machine.
• A copy of the constituent instruments, an extract from the ECGUL, is attached to the GLD section.
• In the area of furniture, household appliances and jewellery, copies of documents confirming their acquisition (copy of contracts, payment documents, etc.) must be attached.
• When the money's in the account, the bank statement.

A copy of the claimIf someone else (e.g. a bank) is involved, it is also necessary to identify him in the suit and prepare a package for him.

This is a general list of documents that must be attached to the lawsuit in court, but depending on the particular circumstances of the case, other evidence must also be attached to the suit. Next, we will look at the most typical situations and the required documents.

Increase and decrease in share under section

Increase in share.The law allows for an increase in the share of one parent with a decrease in the share of the other parent in their joint property based on the interests of the children (art. 39, para. 2, of the Family Code) of both minors and adults.

The court may also increase the share of one spouse by reducing the share of the other in cases of disability, illness or disability.

An increase is possible only if there are special circumstances to be determined by the court; in order to confirm such circumstances, a spouse who requires an increase in his or her share, depending on the basis of the claim, must provide:

• Birth documents, recognition of a family with many children.
• Medical documentation on the disability or illness of children or of the spouse.

A reduction in the share.If during marriage a husband or wife has not worked without good reason or has spent family money to the detriment of the family and children, the court may reduce the share of such an unhappy spouse.

• Certificates for treatment at a drug clinic (e.g., when a husband suffers from alcohol or drug addiction, spends the family budget on alcohol or drugs).
• Copies of orders for administrative liability for intoxication.
• For example, when a wife spends a lot of money on her own clothes, shoes, cosmetics, the cost of which exceeds the total family income, loans are made for this purpose.

Distribution of mortgage and loaned property

Often, when a marriage is dissolved, you have to share property acquired on credit when the debt is still outstanding.

In addition to the right-setting documents for the dwelling, a copy of the loan contract and a copy of the mortgage (if any) must be added to the claim.

When the court hears a case, the bank issuing the loan will certainly be involved.

Separation of the sole property of one of the spouses

The law establishes a rule whereby everything obtained by a husband or wife, even during marriage, as a gift, by inheritance or privatization, belongs exclusively to him and cannot be divided (article 36 of the Family Code of the Russian Federation).

This also applies to the purchase of property for pre-marital or gifted goods or, if the heirs, gifted or privatized property of the spouses, have sold such property and acquired new funds.

In order to confirm these circumstances and to exclude the section, the following must be added to the suit:

• It's a gift for an apartment or a house.
• The money-giving contract.
• A certificate of succession.
• The privatization agreement.
• A contract for the sale of previously received property and the acquisition of other property.
• Bank statements on the availability of money prior to marriage.

However, there is an exception to this rule, as set out in article 37 of the Family Code of the Russian Federation, according to which when personal property received as a gift, inheritance or privatization has been improved through the common-law funds, own money or personal work of the other spouse, and such property has increased significantly in the price of the improvements made, the second spouse has the right to demand recognition of the improved property and the allocation of a share to it.

To confirm this, it is necessary to provide:

• Checks and other payment documents for the purchase of building materials.
• Repair contracts.
• Documents on the reconstruction or remodelling of housing.
• A specialist ' s assessment of the value of assets prior to and after improvement.

Division of assets acquired by earmarked funds

Often one of the spouses, because of his or her professional activities, is granted subsidies for the purchase of housing by the State, through the agency where he or she works or serves.

When a couple is about to divorce, the question arises as to whether it is possible to apply for the division of property (usually an apartment) purchased for the housing subsidy.

The jurisprudence on this issue varies from region to region, and there are both positive and negative decisions.

However, if one of the spouses claims such property, he or she will have to attach the following documents to the suit:

• Decision of the authorized authority for the grant.
• Subsidy protocol of the relevant commission.
• Bank statements to the account.

Where to file the paperwork

In order to divide property, documents must be filed with the court.

If a low-cost property is divided up to 50,000 rubles, the claim is filed with the justice of the peace. If the amount is exceeded, the application shall be filed with the district court.

An application must be filed with the court at the defendant ' s residence; if the claim for child support is made in conjunction with the request for a division, it may be filed with the mother ' s address; if the property is divided, you can apply to the court where it is located.

The suit and the necessary documents for the division of marital property after divorce or before divorce can be filed in person with the office of the court, sent by mail or submitted electronically through the court ' s website.

Before filing a package with the court, carefully check all originals and copies, the number of copies required, otherwise the court may leave the suit motionless or return it, which will delay the case.

Voluntary separation of assets

There are fewer situations in which those who are about to file for divorce or those who have already divorced can resolve all matters relating to the division of common property on their own.

In order to secure such an agreement, the spouses must contact the notary to draw up the relevant agreement (art. 38, para. 2, of the Family Code of the Russian Federation).

In order to be processed, the notary must submit the following documents:

• Marriage or divorce.
• Children (if the spouses have decided to apply for a common property for a common child).
• Confirming rights to property acquired by spouses (verifications, statements, etc.).
• Acquiescing the value of the section to be divided, as the rate to be paid to the notary for drafting the agreement will be calculated from its size.

A notary may request documents other than those listed, so a specific list of documents must be specified from the notary to which the spouses intend to refer.

What kind of documents are needed to share property upon divorce?

Many couples, if they wish to break a marriage, resort to the division of property; the division of property (both movable and immovable) may be voluntary or compulsory.

In the event that the parties cannot agree on the division of property, they are required to apply to the court, and the division may be made at the same time as the divorce proceedings, by filing a common suit.

But what documents are needed to share property in divorce?

List of documents for the separation of property upon termination of the marriage

In the event that citizens have decided to dissolve the marriage and, at the same time, to divide property, they must prepare documents.As a general rule, the list of required documentation is as follows:

1. Statement of claim.
2. A bill of payment of State duty.
3. Marriage certificate (original).
4. Document certifying the identity of the claimant.
5. Birth certificates for children (if they were born during marriage).
6. Evidence of the parties ' income level.
7. Documents for property acquired during marriage, proof of existence and value.

It is important to note that the above list of documents is not exhaustive; citizens may, if they so wish, supplement it (the legislature does not impose restrictions).

Statement of claim

The lawsuit can be both printed on a computer and written by hand, as long as all copies are completely identical.

As a rule, the statement of claim shall contain information such as:

• Name of judicial authority to which the application is made.
• Party data - plaintiff and defendant (F.I.O., address of place of residence, contact number of telephones).
• The title of the document (in this case, "the declaration of divorce and the division of property").
• Date of the parties ' entry into the family union (with reference to the marriage certificate).
• Information on children born to spouses during the marriage (F.I.O., date of birth).
• The date on which the citizens terminated their family relations.
• List of property that the spouses made during the marriage (detailed).
• Cost of joint property.
• Request for the dissolution of a family union as well as the sharing of values acquired during marriage.
• List of attached documentation (supplied above).

The plaintiff ' s signature and date shall be placed at the end of the statement of claim.

The claim is based on the number of persons taking part in the proceedings, i.e. at least two copies.

Public duty bill

Property documents

In the case of documents for the property that is the subject of the section, the law-making documents (e.g. the EGRN extract, sales contracts) as well as receipts and cheques would be appropriate.

Transfer of documents to the judicial authority

Once the necessary documentation had been prepared, it should be handed over to the judicial authority.There are several ways to do this:

1. On a personal visit (through the Office of the Judiciary).
2. By mail, a registered letter of notification and an inventory of the investment.
3. Transmitting through the representative (a power of attorney, certified in a notary office, is required).

There is also the possibility of e-mailing a statement of claim – in which case there will be enough scanners, but the originals will have to be provided if you appear.

It is recommended that an additional copy of the application (can use a photocopy) be made available in person when the action is submitted to the court; it will require officials of the agency's office to mark the acceptance and to indicate the date.

Judicial review of the claim

Once a case has been brought before a judicial authority, it is referred to the judge; the judge, in turn, reviews the documentation, after which the judge shall:Decides what actions to take:

• To leave the application motionless until the defects are corrected (if a violation of the norms established by the Russian Code of Criminal Procedure is detected).
• Retrieve the claim (if there are grounds specified in article 134 of the Code of Criminal Procedure of the Russian Federation).
• Take a statement of claim.

If the judge decided to accept the action, the next step would be to make a determination; after acceptance, judges sent copies of the order to the parties, the defendant also received a copy of the action, and citizens could also be notified not only by subpoenas but also by text messages or telephone cables.

At the scheduled time, the parties must appear before the court and take part in the proceedings.

Also, if there is a will, both the plaintiff and the defendant may bring in representatives (generally lawyers or law firms), and when a truly competent professional is selected, the situation may at first glance seem hopeless to change dramatically.

In participating in the proceedings, both the plaintiff and the defendant (or their representatives) will present their position and arguments in their favour, after which the judge will decide on both the dissolution of the marital union and the division of the joint property.

Decision-making

Once the decision has been rendered, the parties (as well as their representatives, if any) receive a copy of the judgement; once the deadline for appeal has expired, the decision will enter into force and will be enforceable.

Enforcement of the court ' s decision

When the decision enters into force, it is enforceable; if the citizens have requested the dissolution of the marriage and the division of property, then after the court act has entered into force,Former spouses must:

1. Reapply the judicial authority and stamp the date of entry into force.
2. To apply to the civil registry authorities for a copy of the decision and a statement in order to obtain a document confirming the termination of the family union.
3. Implement the decision of the judicial authority on the division of property.

In the event that a party fails to comply voluntarily with a judicial decision, this will be enforced.

In order to enforce a judicial decision, it is necessary to contact the OFSP and write an application for the commencement of the IP.

The bailiffs will, in turn, initiate enforcement proceedings and implement a range of enforcement measures.

Appeal

If one of the parties disagrees with the decision, it may lodge an appeal before the act enters into force.It shall specify:

• Name of the court to which the appeal is made.
• Data on the parties (both the plaintiff and the defendant - F.I.O., addresses, telephone contact numbers).
• Information on the decision against which the complaint is lodged.
• An indication of the reasons why the decision should be set aside.

To download a sample of the appeal against the court ' s decision

The appeal is referred to the court that rendered the decision but is submitted to a higher court (for the district/city court, the regional court).

The officers of the court that rendered the judgement, in turn, prepare the case and refer it to a higher body, and the representatives of the higher judicial body accept the documents and call the representatives of the parties to the proceedings.

If, as part of the appeal, the judge considers that the grounds for annulment exist, the decision will be set aside and the case referred for review.

Documents for the division of property of spouses

Documents for the division of property of spouses Average 5 per 4 users

Divorce rarely takes place without the division of property; the majority resorts to the courts to implement it; the division of property upon divorce will require the collection of a large package of documents.

In order to clarify the list, it is desirable to contact a professional lawyer; if this is not possible, reference should be made to articles of the Criminal Code of the Russian Federation, the Criminal Code of the Russian Federation, the Criminal Code of the Russian Federation and a number of federal laws, depending on the situation.

This could be FL No. 117 "On Military Mortgage" or FL No. 256 "On Maternal Capital".

Claims for division of property of spouses

If the husband and wife fail to reach an agreement on the division of property rights on a personal basis, the only way to proceed is through a court, which will require one of the spouses to file an application for division of the joint property and a review of the ownership of the husband's and wife's personal property.

The document itself must be written; it can be printed or written by hand; those who plan to file a complaint themselves must refer to article 131 of the Russian Code of Criminal Procedure, according to which the application must contain the following information:

• The name and address of the court to which the claim is brought;
• Basic information concerning the plaintiff and the defendant (FIO, address of residence, general civil passports) If a trusted person is involved in the procedure, it should also be provided;
• The statement of the claim against the defendant, i.e. the manner in which the claimant sees the infringement of his or her own rights or the possibility of their being violated in the future;
• References to articles of codes and laws which may confirm the validity of the plaintiff ' s claims;
• The preliminary calculation of the amount required by the plaintiff to be recovered from the defendant is not worth ignoring; notwithstanding the fact that the court staff will subsequently recalculate, the case will not proceed without prior indication of the amount;
• A list of all documents that the claimant attaches to the claim to prove his or her claim;
• If the claimant is unable to sign, a representative must do so (if notarized authority exists).

If the amount of the claim is calculated to be less than 50,000 roubles, the application must be submitted to the Magistrate ' s Court; the more expensive claims are heard by city or district courts of general jurisdiction; and there are two options for filing a claim:

1. Bring the document in person to the office of the court.
2. Send the application along with copies of the documents by registered mail.

It is necessary to select the court which is located in the defendant's place of residence.

On our website, you can consult the application form for property and download it if necessary.

Only five working days are fixed by law for the hearing of the case, and the judge responsible for the case is then obliged to rule:

• On the admission of the application for further hearing;
• Refusal to hear the case;
• on the return of the claim to the applicant.

Alternatively, the claim could be accepted, but it had already been left in court without movement.

Qualitative of the payment of the State Ministry for the division of property in court

A claim for the division of property in divorce in 2023 will be accepted only if the plaintiff has paid the State duty and attached the payment receipt to the claim.

The law does not establish a fixed value for the government service; the plaintiff will have to calculate it himself; the basis must be the amount that is stated in the claim as a claim.

For the calculation to be correct, reference should be made to article 333.19 of the CNC of the Russian Federation.

Claim amount	Procedure for the calculation of the majesty
Amount of claims up to 20,000 rubles.	It is necessary to take 4 per cent of the amount claimed for payment; the size of the government service must not be less than 400 rubles.
Claims up to 100,000 rubles.	800 rubles should be taken and 3 per cent of the claim should be added.
Amount up to 200,000 rubles.	It is necessary to take 3,000 200 rubles and add 2 per cent of the claim.
The value of the claims is up to 1 million roubles.	We need to add 1 per cent of the value of the claim to 5,000,200 rubles.
The amount is more than 1 million roubles.	It is necessary to add 1/2 per cent of the amount of the claim to 13,000 200 rubles, and the State ' s order must not exceed 60,000 rubles.

Before you go to court, you're gonna have to pay the Minister's fee in any way:

• through the payment terminal.
• In the bank's register.
• with an electronic wallet.

Judges are often confronted with a situation where the plaintiff, in seeking to reduce the amount of the public service, indicates in the suit the undervalued value of the claims in the division of property; this is not explicitly recommended.

The amount will still be determined and the case will be suspended, and it is desirable for the spouses to have an agreement on the amount of the claim, since if the defendant does not agree with the plaintiff on the amount of the claim, it will require an independent expert assessment already ordered by the court, which will delay the hearing of the case.

Documents on the value of the spouses ' joint property

In addition to the claim, the plaintiff must submit to the court a large package of documents, in particular those which confirm the value of the property at the time of the dissolution of the marriage or the application to the court if they do not coincide.

List of documents providing information on the value of the property of the spouses.

Provided that the property has been acquired recently (about a year) and has not been seriously manipulated, contracts of sale, donation or inheritance will be suitable for such documents.

If a substantial period of time has elapsed since the purchase date, the applicant will have to order an independent assessment, and the evaluator, who is a member of the SRA, will be asked to do so; it must be borne in mind that the person who will make the appraisal of the real estate will not be able to evaluate the car.

Therefore, it may be necessary to use the services of different evaluators in the process.

In order to comply with all requirements of the procedure, they will request ownership documents showing the original price, conduct a visual examination, determine the degree of wear and compare all amounts received with the inflation rate for the period in which the property was owned, and a certificate will be issued on the basis of the results of which the detailed description of the facility, its market value and the calculation will be recorded.

The certificate received, together with the title documents containing the original value of the property, is attached to the statement of claim, both of which are necessary for the judge to calculate the amount of the compensation payments or the share of the property.

Other documents for the division of property through court

Consider what documents are needed in 2023 for an application to be considered.

• Copies of the common-law passports to be issued by each of the spouses; if the husband has applied and only copies of his documents are available, the husband will have to make them available later during the court proceedings;
• A child birth certificate (copy) if the minor children have their share in the property or at the same time the court deals with the dissolution of the marriage;
• a marriage certificate if the couple's property is divided during the family's existence, or a divorce certificate.

Depending on the type of property to be divided, the documents to be provided for the judgement may also vary; in the case of real estate, the following may be required:

• BTI certificate;
• An extract from the home book;
• an extract from the registration authority.

The auto section will ask for:

• Certificate of registration of the vehicle;
• PTS;
• driving permits.

If the spouses separate the ownership of the interior, equipment and luxury goods, the court may require documents confirming their price:

• Cashier ' s and goods ' cheques;
• Guarantee vouchers.

In addition, an withdrawal from a bank that indicates the movement of money in an account may be required if there is a need to prove that personal funds have been spent for certain purposes.

When the spouses share the outstanding loan, they must first obtain the bank ' s consent; if there is one, they must provide the court with a loan contract and payment documents.

If a couple needs to separate a business, the court will require:

• The company ' s statutes;
• An extract from EGROUL;
• Accounting and tax records.

If earmarked funds (e.g., maternal capital) were used for the acquisition of property, they should be submitted to the court and the documents for receipt and disbursement.

If the division of property occurs after divorce

Article 38 of the Family Code establishes a three-year statute of limitations for property-sharing cases, which means that, from the moment one of the parties has learned of the infringement of her rights, she has the right to file a complaint with the court within the said period.

But, according to the experts, the best thing to do with this is not to delay it, the value of the property is changed, the payment documents are lost, it's a couple of years after the divorce, it's a lot harder to do the procedure, and in the money equivalent, the plaintiff will get less than if the division was done immediately.

At least because of the natural wear and tear.

The former spouses often wondered what documents were needed if the spouses had decided, for some reason, to postpone the division and carry it out, for example, six months after the dissolution of the marriage; there were no differences, but the list of documents remained the same.

Where to file the paperwork

The first option is for persons whose claims do not exceed 50,000 roubles to apply for division of property in 2023 either to the justice of the peace or to the ordinary city (district) court.

The plaintiff has the right to send the application and copies of the documents by registered mail, but it is recommended that this be done in extreme cases, because the acceptance may reveal deficiencies in the documents provided and will be immediately indicated on the occasion of a personal visit.

If the plaintiff or his or her official representative is brought directly before the court, the following proceedings may be brought:

• To a judicial expedition;
• To the Office of the Court;
• This option is used by the justice of the peace to hear cases.

The choice of instance must be made to the one in the defendant ' s place of residence; if this is not possible, the court must choose the place where the major equipment is to be divided (e.g. apartments).

The dissolution of marriage is a serious test for many, of course, in such a situation, it is difficult to think of the division of property that has been profiting together for years, but it would be better for all parties not to delay the resolution of the matter, and if a peaceful settlement of the dispute is not possible, then it is necessary to go to court quickly, preferably with the advice of a lawyer.

Court documents for the division of property

If the couple could not reach an agreement on the pre-trial division of property, the only way to resolve the dispute isapplication to the courtwith a statement of claim.

A claim for division of property shall be brought before a court by one of the spouses or his legal representative and shall be heard by a justice of the peace or by a district court.

The plaintiff prepares the claim in quantitytwo copiesThe claim may be dismissed or granted in full or in part as a result of a judicial decision.

KAdditional instrumentswhich are attached to the claim in the division of property, are:

Claims for division of property of spouses

One of the main topics during the divorce process is the question of property rights of spouses.

The property of the spouses that has been acquired by them shall be dividedin the framework of a marriage union(article 34 of the Russian Federation).

• Property acquired out of wedlock as well as a so-called free transaction (through inheritance, gifts, privatization) cannot be included in the property-sharing claim.
• Moreover, the common property of the spouses does not include their personal effects (dressing, hygiene, etc.), copyright and intellectual rights, or property registered with minor children.
• If, in the course of marriage, the property of one of the spousesacquired a higher valueThanks to the second spouse (e.g., the wife invested her own money in a major renovation of the house), she may beAcquired jointly(but its division may not occur equally).
• If the couple could not reach an agreement on the pre-trial division of property, the only way to resolve the dispute was to file a claim with the court.
• A claim for division of property is brought before a court by one of the spouses or his legal representative, as a rule:the defendant ' s place of residenceor the location of shared property.
• If the amount of the claimdoes not exceed 50,000 rublesthe suit will be heard by the justice of the peace.
• In situations where the amount of the claimmore than 50,000 rublesor, as part of the claim, the place of residence of the children after divorce is decided, the case will be decided solely by the District Court.

The division of property may also be included in the general list of divorce claims or in separate proceedings at the discretion of the judge.

The claim itself must be drawn up in strict conformity with the law in force, i.e. the document is not allowed to be processed.free in writing.

The statement of claim should include the following:Mandatory items:

1. Name and location of the court (district or justice of the peace);
2. Data on each spouse (FIO, date of birth, place of residence, passport and contact details, etc.);
3. The date of the marriage;
4. Statement of claim, with full details of the acquisition of the property;
5. The presence or absence of minor children;
6. List of evidence in the case;
7. The existence or absence of a marriage contract (agreement) providing for a special regime of property rights;
8. Estimated cost of each facility;
9. The total value of the claim;
10. Proposal for a ratio of shares in the division of common property;
11. List of witnesses;
12. List attached to the claim for documents.

In preparation for the court hearing, the plaintiff must be filled in.two copies of the statement of claimone of which is surrendered to the office of the court and the other to the defendant.

The first hearings in the case usually begin after a few weeks from the date of receipt of the claim.

The judge shall examine the case with the participation of both parties with the assistance of witnesses and the children of the spouses.

The total time of the litigation will depend on many factors, including the volume of claims made by the plaintiff, the workload of the judiciary, etc.

In the case of the division of property, the trial may be postponed several times, but the current legislation limits the hearing to two months in the district court and one month in the world (art. 154 of the Criminal Code of the Russian Federation). However, often if one of the parties ' cases is delayed, the trial period may be extended.

The judge makes a verdict.with the participation of both partiesIf one of the partners fails to appear at the hearing (there is no valid reason), the court shall announce the decision in the presence of only one spouse.

A claim as a result of a judicial decision may be:

• Rejected;
• Fully or partially satisfied;
• Considered later.

The court verdict is in force.One month after it was deliveredwhich allows both parties, in cases of disagreement with the decision, to appeal or appeal.

The court may decide to divide property according to a standard scheme, i.e.In two.or to be installedSpecial equity regime(e.g., the husband receives only a quarter of the total property).

However, Russian family law allows a claim for division of property to be brought before a court of law.During divorce, but also.....................................................before or afterThe dissolution of marriage.

The statute of limitations on the division of property is equal3 yearsfrom the moment the spouse is informed of the violation of his rights to common property (art. 38).

The certificate of payment of the public service on the division of property in court

The payment of the State duty is a prerequisite for the acceptance of the claim and is made prior to the commencement of the trial.

The amount of the State duty depends on the price of the claim, which is stated in the claim and usually equals half of the estimated value of the property (art. 39).

The amount of the State Ministry for the division of property is determined by the claimant on the basis of his own calculations of the value of the joint property or a report prepared by an expert organization.

The size of the public service shall be determined as follows::

• If the amount of the claim does not exceed 20,000 roubles, 4 per cent of the amount of the claim shall be paid, but not less than 400 roubles;
• At the cost of the claim, more than 20,000 roubles, but not more than 100,000 roubles, the government will consist of a fixed sum (800 roubles) and an amount equal to 3 per cent of the claims exceeding 20,000 roubles;
• If the claim amounts to more than 100,000 roubles but not more than 200,000 roubles, the government will consist of 3,200 roubles and 2 per cent of the sum exceeding 100,000 roubles;
• With a claim price of more than 200,000 roubles and not more than 1 million roubles, the fee will consist of 5,000 200 roubles and 1 per cent of the claim amount of more than 200,000 roubles;
• If the amount of the claim exceeds 1 million roubles, the State duty will include a fixed amount (30,200 roubles) and 0.5 per cent of the claims exceeding 1 million roubles (the duty may not exceed 60,000 roubles).

However, a judicial review of the value of the common property or the share of the spouses in the joint property may occurboth the reduction and the increase in the State duty paid.

If a claim is filed with the court not only for divorce but also for the division of property, the amount of the government will consist of a fixed portion.600 roubles333.19 of the Code of Criminal Procedure).

Charges for the Ministry of the Interior may be obtained directly from the office of the judicial authority in which the case will be heard or on its official website.

The bill of payment of the State duty is included in the package of documents and transferred to the court.

The plaintiff has the right to ask the court to defer payment of the State duty, to reduce it or to exempt it altogether from such duty.Property problemsIn support of his or her request, the complainant may submit to the judicial authority a certificate of his or her income and expenditure, as well as a reference to the existence of minor children, etc.

However, if the defendant loses the case (the claim is satisfied in whole or in part), all legal expenses, including the amount of the public service, he or she shall, by order of the court,Pays in favour of the plaintiffIn some cases, the judge may refuse to reimburse the plaintiff for the State duty (e.g. when the defendant was willing to accept all the plaintiff ' s terms, but the application was still filed).

Example

In the proceedings before the Petrov Court, K.P., the defendant, did not object to the correct calculation of the value of the property.

Petrova also paid the State Ministry in accordance with the norms of the Russian Tax Code of 14,450 roubles (13,200 + (1,250 - 1,000,000) * 0.005) and attached a receipt to the suit.

The court, taking into account the parties ' arguments, granted the plaintiff ' s claims in full and thus left his wife an apartment and his husband a car; the defendant, in turn, will receive compensation for an apartment of 850,000 roubles (half of its cost) and the plaintiff for a car of 400,000 roubles.

On the basis of the netting rule, only Petrova will have to pay compensation of 450,000 roubles (850,000 - 400,000) to his husband.

The court also ordered the defendant to recover all the legal costs incurred by the plaintiff (including the public service).

Documents on the value of the spouses ' joint property

In situations where, for any reason, the claimant has not determined the value of the property by hand, a claim must be made to determine the price of the claim.independent evaluationthe property acquired jointly by the spouses.

AlsoProperty assessment is conducted for the purpose of:

• Establishment of the size of the public service;
• Payment of monetary compensation to the defendant (sometimes the plaintiff) (if the spouses ' shares are not equal);
• A division of in-kind, indivisible property (e.g. gold ornaments);
• The interests of creditors are respected.

The market value of jointly acquired property is evaluatedspecialized expert companyIn the course of the examination, specialists are provided with a list of the property to be assessed, as well as documents confirming the property rights.

In the course of the examination, the evaluators determine the market value of the property in accordance with the provisions of the current legislation as well as the standards of the valuation activity.

The cost of the expert ' s services depends on the type of facility (house, house, garage, land), its real value and other characteristics.

The assessment document shall indicate the following:Mandatory information:

1. Date of compilation and document number;
2. Basis for valuation of property;
3. Data on the institution that evaluated the assets;
4. Detailed description of each object;
5. The computational methodologies and standards used in determining the value of the property;
6. The market value of the property;
7. The date of the evaluation activities, etc. (article 11 of the FZ "On the assessment activity in the Russian Federation").

In determining the value of real property, an expert organization is grantedAdditional documentswhich contain the technical data of the accommodation.

In order to determine the value of the vehicle, when the joint property is divided, the vehicle ' s passport, certificate of registration, mileage and maintenance performed shall be handed over to the specialist.

Furthermore, the expert examines the machine, checks the integrity of all systems and the state of wear of all car nodes and aggregates and, based on the results obtained, indicates in the assessment documentmarket value of the valuation facility.

The claimant ' s valuation document is attached to the claim and the total value of the joint property is used to calculate the value of the claim (usually half of the value of the property).

Other documents for the division of the property of the spouses through the court

Additional documents may be attached to the property-sharing claim to clarify all the circumstances of the case.

• If the division of property occurs during the marriage, the marriage certificate shall be handed over to the court.
• In proceedings outside the marriage union, a divorce certificate is presented.

During the division of dwellingsThe following must be submitted to the court:

1. A certificate of ownership;
2. Transport;
3. Sales contract;
4. A discharge from the public service;
5. an extract from the home book.

If a car is dividedthe list of documents will include:

1. Certificate of ownership of the vehicle (TC);
2. TC passport;
3. TC registration certificate.

In the division of household appliances, furniture, JewelryThe following are attached to the statement of claim:

1. Cashier ' s cheques;
2. Safeguards;
3. Other documents supporting the value of the goods.

In situations where an outstanding loan is the subject of a dispute, the court shall be granted:

1. Credit contract;
2. :: Incoming cashier ' s documents;
3. Checks supporting payments.

When the joint business of the partners is divided into a judicial body, the company ' s registration certificate, charter or constituent documents, as well as the company ' s financial statements, are provided.

If the plaintiff is unable to participate personally in the court proceedings, then it shall be grantednotarized power of attorneywhich gives the plaintiff ' s representative the right to defend his interests.

Questions From Our Readers and Questions from the Consultant

My husband immediately warned me that he would not accept my assessment of the value of the property.

Under the law in force, when a claim for division of property is made, it is compulsory to pay a State duty; the plaintiff himself determines the amount of the duty on the basis of the price of the claim set out in the value of the common property; you are free to determine the value of the property by means of an expert organization or on the basis of your own estimates.

If the husband does not agree with your assessment during the trial, he will be able to ask the court to conduct an independent assessment as well as to provide his assessment document, so that the trial may be delayed.

It is therefore desirable for you and your husband to agree on the value of the joint property before filing a claim.

In any event, if your claim is successful, the husband will have to pay all the expenses (including the public service) that you have incurred as a result of the proceedings.

The loss of the dwelling documents will only prolong the time of the trial, and the judge will in any case make a request to Rosreestre, but you and your husband, in order to reduce the time spent on your case, it is desirable to make a request on your own, and before the start of the trial.