Division of a dacha during a divorce - features of resolving a property dispute

During the divorce process, absolutely all property acquired by the spouses during the marriage relationship is subject to division. A large number of questions arise from people during the division of garden plots and country houses.

Their division procedure is somewhat different from other real estate properties. I have prepared material from which you can find out how the division of a country house and garden plot is carried out when spouses divorce.

Section of a non-privatized dacha

If one of the spouses received the right to perpetual use of a garden plot from an organization or municipal association before October 1991, then, today, he can privatize it completely free of charge.
Such a dacha cannot be divided, as well as recognized as the property of one of the spouses, since its owner will be an enterprise or municipal entity.

A non-privatized dacha obtained as a result of joining a gardening partnership cannot be divided.

The owner of such a plot is a partnership, and its participant has the right to unlimited use of the allocated plot for certain purposes.
The right to use such a plot will remain with the spouse recorded in the gardening book as a participant in the partnership. If any building is erected on such a plot, then during a divorce the court may rule on compensation to one of the spouses for half the cost spent on the purchase of building materials. To do this, you will need to provide all invoices and receipts confirming the purchase of building materials for the construction of the house.

Section of a privatized summer cottage

In cases where the dacha plot was privatized during the marriage, both spouses acquire equal rights to it. Such a dacha is subject to division between spouses on a general basis.

The division of a privatized dacha can be carried out in the following ways:

• divide the garden plot and the house in half;
• sell the plot and divide the money equally between the spouses;
• assign to one of the spouses the right of ownership of the dacha plot with the obligation to pay compensation to the second spouse in the amount of half its value.

It is not possible to divide a dacha plot equally between spouses in every case. The land plot must comply with the requirements of the current land legislation:

• the area of ​​the land plot must meet the standards provided by local governments in relation to its intended purpose;
• building lines must not be violated;
• town planning regulations must not be violated;
• The red lines should also not be violated.

To divide a country house, it is also necessary to take into account some nuances.
When dividing the house, you should end up with a structure with two separate entrances, bathrooms and a kitchen. If during a divorce it is impossible to divide the country house and the plot into equal shares, then the spouse who received the smaller share has the right to receive compensation for the difference in its value from the second spouse.

A privatized dacha plot can be divided voluntarily or judicially.

In the first case, the spouses can draw up a settlement agreement, which will specify the shares of the plot, the conditions for providing compensation and the procedure for its use or sale.

To divide a dacha plot through the court, you must draw up a statement of claim and attach the following package of documents to it:

• passports of spouses;
• certificate of conclusion (dissolution) of a marriage union;
• registration documents;
• law establishing papers;
• certificate of privatization;
• cadastral documents;
• other documents certifying the circumstances of the case.

After considering the case, the court will make a decision on the division of the dacha plot, in accordance with the provisions of the family, civil and land legislation of our country.

If the house was built on a non-privatized plot

In this case, the judge can divide the country house and the plot as follows:

• one of the spouses will be recognized as having ownership of the plot;
• the court will make a decision to recognize the dacha plot and house as jointly acquired property and divide it, in accordance with current legislation, in equal proportions between the former spouses.

In cases where a country house was built during the marriage, and the plot remained unprivatized until the divorce, the court will divide only the building.

The municipality or gardening partnership will remain the owner of the dacha land.
When dividing an unfinished house, the expenses of one of the spouses for the purchase of building materials can be compensated.

To do this, you will need to provide receipts and other financial documents confirming the fact of their purchase.

Division of a building erected on a privatized plot

If the plot was privatized by one of the spouses before marriage, and the house was built during his period, then the division is carried out as follows:

• the plot remains the property of one of the spouses entirely;
• the dacha building is divided in half between the former spouses.

This method of division provides for a ban on the use of the plot by the second spouse.

He does not have the right to harvest from the beds and use the plot for leisure. The dacha building, in this case, should be divided in half and have two separate entrances. The second spouse has the right to live indefinitely in a country house.

If the plot was privatized during the existence of the marriage union and, at the same time, a residential building was erected on it, then the division is carried out in equal proportions between the former spouses.

The procedure for using such property is determined by the spouses independently or in court.

It is necessary to remember the statute of limitations

A similar rule applies to all items of jointly acquired property of spouses.

Adviсe

If a dacha plot was acquired by one of the spouses before marriage, but during its existence it underwent significant reconstruction, which led to an increase in its market value, then it can be recognized as jointly acquired property and divided between the spouses.

To do this, the spouse who contributed personal or joint funds to its reconstruction must provide documents confirming the fact of the purchase - cash and sales receipts, bank statements and other papers that could affect the outcome of the trial.

During the distribution of a dacha plot, the fundamental information is the date of its privatization and the construction of a residential building on it.

This information can be found in the following documents:

• cadastral passport or extract for a land plot;
• cadastral passport for a residential building;
• resolution of the head of the municipality on the provision of the site for indefinite use;
• certificate from the chairman of the gardening partnership.

Based on the information received, the judge makes a decision on the actual possibility of dividing the dacha plot and allocating the spouses their property shares.
The most optimal solution when dividing a disputed plot would be to sell it and divide the proceeds equally between the former spouses.

The dacha plot can be left in the ownership of one of the spouses, provided that he pays half of its value to the second spouse.

To do this, it is necessary to attach an independent expert opinion on the market value of the dacha.
In conclusion, I will say that the division of a dacha is somewhat different from the division of other real estate between spouses.

If any doubts arise, it is better for a person to seek the help of a lawyer specializing in family disputes and receive comprehensive advice on all issues of interest to him.

The Supreme Court explained the rules for dividing land during divorce

Not only citizens, but also professionals - judges of regional courts are often confused in answering complex questions about the division of property after a divorce. Therefore, the clarification that the Supreme Court gave on one of the “land” disputes may be especially useful to owners of family acres.

The division of common property between spouses often becomes a complex legal problem. Especially if we are talking about the division of not purchased, but once received free land.

After all, in the Soviet years, local authorities allocated plots for gardens and vegetable gardens not for any specific family, but for a citizen, employee of an enterprise or organization. Now the vast majority of summer residents have registered these acres as their property. How to divide them during a divorce? What about common property? But how common is it? According to the documents, one person received it.

The story that the Supreme Court dealt with began in a trivial way: a citizen filed a lawsuit with the district court. It contained a request - first to dissolve the marriage, and then to divide the jointly acquired property in half between the spouses.

The property consisted of two plots of land, a snowmobile, a car and two houses, one of which was residential and the other unfinished.

The court of first instance partially satisfied the citizen's claim - it dissolved the marriage and divided the residential building in half. The rest of the claim was denied. The appeal agreed with this decision.

The district court explained the refusal to divide the plots as follows: according to the Family Code, the land in question in the dispute does not belong to the common property of the spouses, since the ex-husband received hundreds of acres under the so-called “gratuitous transaction.”

After such a decision, the dissatisfied former half had to go to the Supreme Court of the Russian Federation, defending their rights. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation studied the arguments of the dissatisfied plaintiff and said that the applicant was right, and their colleagues made a decision “with significant violations of substantive law.”

In the event of a divorce, the court will divide the free hundred square meters received from the local authorities in half between the spouses

And this is how the high court explained its position. He started with the Family Code of the Russian Federation. There are several articles devoted to the common property of spouses. Thus, Article 34 of the Family Code lists what belongs to this common property of the spouses and what does not apply to it. All income and everything purchased during the marriage, no matter who it was registered to or who contributed the money, is shared.

In addition to things and money, movable and immovable property, shares, securities, shares in capital contributed to credit institutions or other commercial organizations are considered common.

Property owned by each spouse before marriage will not be considered community property. And the goods received during the marriage as a gift, by inheritance or through so-called “gratuitous transactions” will be personal. This is stated in Article 36 of the Family Code of the Russian Federation.

From the materials of this legal dispute, the Supreme Court saw that the spouses’ two plots were formed from one plot, which the former spouse received back in 1984 from local governments for gardening for “perpetual use.”

By the way, at the time of receiving the hundred square meters for the dacha, the citizen had been in a registered marriage for almost six months.

Later, the man registered ownership of these acres. Over twenty years of marriage, the once single plot of land was divided into two plots for family reasons.

Next, the Supreme Court of the Russian Federation moved on to the Civil Code.

There, Article 8 states that civil rights and obligations arise, among other things, from contracts and “other transactions, although not provided for by law, but not contrary to it.” And also from acts of state bodies and local governments.

• Thus, the Supreme Court of the Russian Federation concludes, the legislator distinguishes between agreements (transactions), acts of state bodies and local government bodies as grounds for the emergence of civil rights and obligations and does not classify the latter as gratuitous transactions.
• The Supreme Court of the Russian Federation emphasized an important circumstance - the free transfer of land to one of the spouses during marriage on the basis of an act of a local government body cannot be the basis for classifying it as the personal property of this spouse.
• The conclusion of the Judicial Collegium for Civil Cases of the Supreme Court is as follows.

Since the former spouse’s ownership of the disputed plots of land did not arise on the basis of a gratuitous transaction, the conclusions of local courts regarding the classification of this disputed property as the personal property of the defendant in accordance with Article 36 of the Family Code of the Russian Federation contradicts the provisions of the law. According to the Supreme Court of the Russian Federation, when In such circumstances, the local courts had no grounds for refusing the plaintiff's request. Namely, to divide these land plots equally between the former spouses.

How to divide an apartment, house, cottage or plot during a divorce?

Often ex-spouses deceive each other for profit. Some peacefully discuss the “sharing”, forgetting about the pitfalls that may arise soon after the sale of their properties. The issue of division of real estate is very important. Let's look at how to legally divide real estate.

1. Rules and order
2. If there are children

Rules and procedure for dividing joint real estate during divorce

In accordance with Article 130 of the Civil Code of the Russian Federation, real estate is all objects located on land and subject to state registration.

The division of real estate can take place according to the rules described in Article 39 of the RF IC and Article 254 of the RF Civil Code, in three stages:

1. Definition of equity participation. Calculate the size of the share that each spouse will receive.
2. Determination of common jointly acquired property that can be divided.
3. Choosing a method for dividing real estate.

Division of privatized property

Let's look at how to divide some types of privatized property:

House

The division of private home ownership occurs if both spouses have ownership rights to it. It does not matter who owns the property.

An application to the court for division can be filed by either one spouse or both. According to Article 39 of the RF IC, real estate will be divided according to the principle of equality if the former family has no minor children.

You can divide the house through the court, or by signing a settlement agreement.

Ways to divide a house:

1. In practice, it often happens that the house remains in the use of one spouse. And the second one is obliged to pay him monetary compensation in the amount of the value of the share. This option is not easy. A separate agreement should be concluded by mutual agreement of the parties, as well as on the payment of compensation.
2. There is another method of division - the house is divided in half, and it is indicated which rooms the ex-spouse can use. Of course, all the interests of the parties are taken into account.
3. The third option for the division is the sale of the home ownership and further division of funds.

Apartment

During the payment period, in accordance with the Housing Code of the Russian Federation, a former family member is temporarily allocated living space if he has nowhere else to live. If he has somewhere to go, then he can pay the share without burdening himself and other family members with the presence of his ex-spouse.

In the case where the shared parts of the apartment were specified in the marriage contract, each owner has the right to dispose of his part of the property. For example, he can rent out a room, sell it to someone, or simply not live there.

Land plot

According to Article 1182 of the Civil Code of the Russian Federation, a land plot can be divided if it meets the minimum dimensions, which are determined by its intended purpose. The plot is divided equally between the spouses. According to Article 1170 of the Civil Code of the Russian Federation, in the case when the plot cannot be divided:

1. The former spouse allocates other property that he owns in exchange for the second share.
2. The citizen claiming the second part of the plot pays monetary compensation.
3. The plot is sold and the money is divided between the spouses.

Please note that the court may require the submission of documents from urban planning, in particular an expert opinion. It will be used to determine how to divide the land plot correctly, taking into account the “division” of all buildings located on the territory of the site.

What often happens in reality is that it is necessary to divide not only the land, but also the property located on it. If it is possible to divide the house into two equal halves and arrange two separate entrances, then the plot will also be divided equally, taking into account cadastral norms.

When the house cannot be divided equally, the land is still divided between the spouses. The court must determine the right to use the land for each former family member.

Country house

Section options:

1. Sale of the dacha and division of the proceeds.
2. Payment of monetary compensation.
3. Division of the dacha between spouses and leaving a certain share for each to use.

Room

Quite often, spouses share not only apartments, but also rooms. The division follows the same principle of equality between spouses if there are no minor children in the family.

You can divide the room in the following ways:

1. One of the spouses buys out the share of the other, paying him monetary compensation
2. The room is sold, and the funds received are divided in half.

Division of a municipal or non-privatized apartment

According to Article 69 of the Housing Code of the Russian Federation, a married couple who are not members of the tenant’s family has rights and obligations to non-privatized living space. During a divorce, former spouses can live in the apartment and pay utility bills in half. However, during a divorce, they cannot divide this real estate. By the way, it will also be impossible to evict a former family member.

It is also pointless to consider options for dividing office housing. The service apartment does not belong to the married couple, which means that it cannot be divided. The employer may allow you to live there, and even then only temporarily. If a spouse is fired, all former members of his family are automatically evicted from the premises, even if they have nowhere to live.

Division of land upon divorce of spouses

Nowadays, almost every family strives to purchase a home or a country house with a plot of land. Someone buys a house in a village with a vegetable garden, someone buys a huge cottage with a personal garden, and someone buys a dacha on the legal six acres.

And if family life suddenly does not work out, the question arises of how to correctly divide the land during a divorce.

The issue of such a section is complex, and family legislation alone will not help resolve it; you will need to seek clarification from the norms of the Land and Civil Codes of the Russian Federation.

Land plot: divided - not divided

Article 11.1 of the Land Code of the Russian Federation defines the concept of a land plot as part of the surface of the earth, the boundaries of which are established in accordance with the legislation of the Russian Federation.

The boundaries of land plots in the area are established by the land management process. Land plots are described and individualized in accordance with the procedure of maintaining the Land Cadastre, and each of them is assigned a personal cadastral number as a result.

Land plots, depending on the possibility of their division, are:

The first are those whose size corresponds to the minimum standards for the provision of plots of a certain purpose for a specific region of Russia. Indivisible – land plots that do not comply with such standards and therefore cannot be registered in the cadastral register.

The division of a land plot during a divorce will be possible only on the condition that it is divisible. Article 1182 of the Civil Code of the Russian Federation clearly defines the sign of divisibility of a land plot - when dividing it, each part must fit within the framework of the minimum standards for the provision of plots for the corresponding intended purpose.

When dividing plots of land, courts must take into account the size of the parties' shares, which are provided for in the right of common ownership. Only as an exception is it permissible to deviate from this. And then, in this case, the disproportionality of the division is compensated by a monetary payment.

These standards are defined differently in each region of the Russian Federation.

The minimum sizes of plots of land provided for ownership by residents of the Moscow region are determined by article one of the Law of the Moscow Region No. 63/2003-OZ of June 17, 2003.

According to it, the smallest land plot size for peasant or farm households must be at least 2 hectares, for gardens and summer cottages - at least 0.06 hectares, for vegetable gardens - at least 0.04 hectares.

If the land plot that the spouses want to divide during a divorce meets the established standards, then no problems should arise regarding its division. If the plot of land is indivisible, then the court will not divide it, and the cadastral office will not register it. But the spouses have three options:

• sell this plot of land entirely and divide the money in half,
• one spouse to refuse to allocate a share in this plot of land free of charge or to demand compensation from the second spouse equal to the value of their part,
• leave the plot in joint ownership and establish a regime for its use by each spouse.

Even a divisible plot is not always divided

When it is established that the land plot complies with all standards and sizes, it is necessary to establish how it came to be owned by the spouses and whether it will be common.

In case of voluntary division, taking into account the general provisions on freedom of contract, the parties involved may not adhere to the size of their shares in the land plot.

If it was inherited by one of the spouses, was given as a gift, privatized by him, or purchased before marriage, and, moreover, during the period of joint family life it has not been ennobled or increased in value, then the question of dividing it does not arise. The second spouse should not have any claims on it; it will be personal property.

Another question is if the land plot was inherited (donated, privatized) in a neglected state, and during the marriage and the joint efforts of the spouses, a garden, a house, and buildings appeared on it, which increased its value several times. Then it is worth fighting for the division of the inheritance received in marriage during a divorce (you can find out more about this in our article - https://divorceinfo.ru/2252-razdel-nasledstva-pri-razvode-suprugov)

How to divide buildings on a plot of land

An important condition for the divisibility of a land plot is regulated by Art. 1182 of the Civil Code of the Russian Federation. Where it is said that when dividing a plot of land, each part of it must comply with certain standards for the provision of designated plots; division less than these standards is not permissible.

Article 1 of the Land Code of the Russian Federation speaks of the unity of the land plot and the buildings located on it. Therefore, any difficulties when dividing a house built on a plot of land rarely arise. The main condition is that this plot be divisible. Then the house can be divided.

According to family law, each spouse has rights to half of it.

Even if the house is not completely built and is not registered as a residential property, it will still be classified as real estate as an unfinished construction project. The only condition is that this is not a foundation and half a wall, but at least a building with a finished floor, walls and roof. Between the spouses, it, like the land plot, will be divided in equal shares.

By agreement or by court

Spouses can divide land during a divorce both by agreement and in court. This depends on the voluntary consent of both to the division.

If divorcing spouses amicably agree and enter into a settlement agreement during a divorce on the division of property or the allocation of shares in common property, then they must make sure that the land plot is divisible.

An agreement on the voluntary division of a land plot during a divorce is drawn up in writing and must be agreed upon and endorsed by a notary. After all, on the basis of this document, rights to shares of the land plot will be registered.

A cottage, residential building or dacha can be divided in kind, if for the share of each owner-spouse it is possible to allocate an isolated area (part of the house) with separate entrances.

Often, courts resort to ordering a land management examination, the results of which help resolve the dispute between spouses about the division of land plots in the most qualified manner.

If the plot is divisible and both spouses have the right to allocate a share in it, then the court often decides to divide it between the husband and wife in equal shares. If it is not possible to divide the plot of land, then the court leaves it in the joint ownership of the spouses, determining the procedure for its use.

The division of shared property has its own nuances, and the interests of all parties must be taken into account, especially if minor children remain with one of the spouses. Read more about the division of shared property during a divorce on the page.

The spouses themselves will be able to decide the future fate of the land plot by coming to a consensus on its division and concluding a settlement agreement.

How to formalize the division of land during a divorce

To re-register parts of a land plot as their property, spouses must provide a package of the following documents to the Federal Service for State Registration, Cadastre and Cartography, or simply Rosreestr:

• an application of a certain sample from each of the spouses for state registration of rights to shares allocated in a land plot, specified in an agreement or court decision on the division of property,
• spouses' identity passports,
• an agreement on the division of common property or on the allocation of shares in the right to a land plot (if it is voluntarily concluded between spouses),
• a court decision on the division or allocation of spouses’ shares in the right to a land plot (if the case of division was considered in court),
• marriage document or a copy of the marriage registration document (to confirm that the plot was acquired during the marriage),
• certificate of divorce (if the divorce has already been registered),
• documents on ownership of the land plot,
• documents confirming cadastral registration of buildings located on the site,
• receipt of payment of state duty.

The application is reviewed by Rosreestr within ten working days, after which the spouses will be able to receive documents confirming state registration of their right to a legal share of the land plot.

Division of a dacha in case of divorce

The division of property during a divorce is possible in several ways:

• in peaceful way. You can agree orally or draw up a written agreement;
• through the court. If you cannot reach a consensus on your own;
• according to the conditions written in the marriage contract. This document can be drawn up at any time.

In theory, dividing joint property is not difficult, but when dividing a dacha, difficulties may arise.

This issue is regulated not only by the Family and Civil Codes; the laws prescribed in the Land Code of the Russian Federation should also be taken into account.

If you have any doubts or don’t know what to do when dividing your dacha, call the Pravosfera hotline. Competent lawyers will help you find a way out.

When is a dacha divided in a divorce?

Like all property of the spouses acquired during marriage with money from the common budget, the dacha should be divided in half during a divorce. However, this is not always possible. Below are the main reasons that may become an obstacle when dividing a dacha.

• Before marriage, it was the personal property of the husband or wife.
• Bought during marriage, but the personal savings of one of the spouses were spent on it.
• Received by gift or inheritance.
• allocated by an enterprise or municipality until October 1991.

Important! If in any of the above cases, the second spouse invested his own funds in improving the dacha, or the building and site were reconstructed at the expense of the family budget, then such a dacha is subject to division. In what proportions? This can be decided in court or independently with the conclusion of an appropriate agreement.

Options for dividing the dacha

There are many ways to divide a dacha between divorcing spouses, the most common of which are:

• dividing the land into two plots (if the total area and regional standards allow this), as well as dividing buildings;
• sale of the dacha and division of the proceeds;
• transfer of property to one of the spouses with payment of its share to the other.

It is not always possible to divide a site and buildings into two equal ones, since the following conditions must be met:

• possibility of independent connection to communications;
• ensuring unimpeded transport access;
•  the ability to comply with construction and land management regulations.

Important! If the dacha can only be divided into unequal plots, then the spouse who received the larger plot must compensate the other for the difference in price.

Example. During the divorce, the spouses were unable to reach a compromise and decide on their own who would get the dacha plot with the house built on it. They had to go to court for help. The plot was owned by the wife, and was privatized after marriage.

Also, at the expense of the family budget, a house, a summer kitchen and a bathhouse were built.

Having examined the plan of the site, and having read the response of the land surveyor, where it was said that the site could be divided into two independent possessions, the court decided: “Carry out land surveying and register the two newly obtained sites separately for the husband and wife.”

The procedure for dividing a dacha in court

If it is not possible to find a solution that would suit both spouses, then you have to resort to the help of the court. To do this, one of the spouses must write a claim in the prescribed form. The application must be written concisely, correctly, without errors or blots. You can use a pen with blue or black ink. The following documents should be attached to the claim:

• passports of spouses;
• marriage or divorce document;
• title document for the dacha;
• technical and cadastral plan, as well as an extract indicating the price;
• other papers relevant to the case.

If you are not sure that you can correctly draw up a claim, or do not know where you can collect all the necessary documents, seek help from a specialist.

Legal assistance in dividing a dacha

Employees of the Pravosfera company will help you and your spouse agree on the division of property, including a dacha, upon divorce.

If it is not possible to resolve all the problems peacefully, the agency’s lawyer will file a statement of claim in court, justifying the demands.

Also, if necessary, professionals will collect the entire package of documents in the shortest possible time and represent your interests during the court hearing.

Division of a dacha after divorce: the date of privatization and construction is important

In Russia and the post-Soviet space, the division of a dacha during a divorce has its own specific characteristics. Mainly, they relate to issues of division of land received for indefinite use, and the use of a residential building, garage, and other buildings erected on it.

Important: if the land and house were acquired during marriage after 1991 , then upon divorce they are divided like any other jointly acquired property.

Section of a non-privatized dacha

So, if one of the spouses received a plot from an organization or municipal association before October 1991, then:

• firstly, he can privatize it today legally;
• secondly, this property cannot be divided, as well as recognized as the personal property of one of the spouses.

The dacha has been privatized, who will own the land?

It is necessary to clearly understand that the division of a site with the buildings erected on it directly depends on:

• the time when these buildings arose;
• from the date when the land was privatized.

Let's consider two scenarios in which the house was built by married spouses

Option No. 1. If the house was built on a privatized plot, then after the divorce the latter remains the property of the spouse for whom it was registered, and the house will belong to each spouse in equal shares.

If there are two inputs, issues of use are resolved more easily. The second spouse does not have the right to use the harvest from the garden beds, have picnics on the territory of the dacha, or otherwise use the land.

At the same time, he is a full co-owner of the house and can live in it.

It is important to know: in this way, the division will be made even if the privatization of the land was completed after the date of marriage.

Option No. 2. The house was built during marriage, but before the site was privatized. In this case, there are two options for use after divorce.

• The plot will be recognized as the personal property of one of the spouses;
• The court recognizes both the house and all the land under the dacha as jointly acquired property if the other party collects evidence of a significant investment of money and labor, which led to an increase in the value of the land plot. Upon receipt of such evidence and having compared the market value of a similar plot without buildings and with those, the court will order the division of the entire dacha in ½ share to each spouse as jointly acquired property.

Example of a dacha section

After the divorce, the spouses remained in possession of a dacha on a plot of land, which:

1. was not privatized;
2. was received for perpetual use by the wife, who wanted to use these two circumstances to remove her ex-husband from this property.

Since the house was built during marriage, it was subject to division in equal shares with payment of monetary compensation to the husband. The court did not consider the plot as an object for division.

Three years after the divorce, the woman privatized the plot, which became known to her ex-husband, who filed a lawsuit to restore his ownership rights, providing information about a significant increase in the value of the plot due to the construction of a house on its territory. The court found his demands fair and granted the claim.

It doesn’t hurt to remind you of the statute of limitations. In this case, it was established five years after the end of the marriage, the date of privatization of the plot and the husband receiving information about this fact.

To summarize, let us remind you once again: when dividing a dacha after a divorce, it is important to accurately establish the timing of the construction of the house and the date of privatization of the site.

Information about these facts can be obtained from the following documents:

• cadastral passport of the building or its technical plan;
• resolution of the head of the local municipal association on the allocation of land;
• cadastral passport or cadastral extract for the plot.

The availability of documents will allow for a fair and legal division of the dacha during a divorce.

Division of the dacha after divorce

Unlike carrying out a similar operation with an apartment, dividing a dacha during a divorce is somewhat more complicated. You can receive a share in such real estate only if it is owned by spouses. The simplest method, which is resorted to when voluntarily dividing or going to court, is division in kind, when everyone gets half of the property.

Voluntary dacha sharing

The dacha, the building and the plot itself can be divided between the spouses themselves. To do this, they will need to discuss the details of the process, who will get how many shares and create the necessary conditions for living together in the house, for example, isolated exits. At the same time, the plot itself is divided along with the house. In the case of voluntary division, the spouses themselves determine who receives how much land.

Division of the dacha through the court

If the spouses cannot independently come to an agreement that suits both of them, then the division is carried out through the court.

When considering the case, the peculiarities of the dacha are taken into account - the premises allocated to the shares of those divorcing must be isolated and also have a separate exit.

Most often, such a division is impossible in principle, since the design features of the structure do not allow it. In this case, the court establishes the procedure for using the building and transfers it to the shared ownership of the owners.

Cottage and land

The presence of a dacha on a plot of land, especially if it is not owned by the spouses, is of great importance during a divorce. Thus, the court, dividing the building, takes into account the number of shares given to the spouses, and on the basis of this determines the number of shares of land due to all participants in the case.

In this case, the land located under the house cannot:

• have dimensions less than those provided for by law for the established purpose;
• violate previously established development control lines;
• violate urban planning regulations;
• break the red lines.

Therefore, spouses often receive unequal shares of the house and land after a divorce. The court assigns payments to the participant in the case who received a smaller amount of real estate.

If the dacha and the land on which it stands were acquired before marriage, then, accordingly, all property rights to it after the divorce will belong to one spouse. During division, such real estate will not be included in the case.

If the dacha was built on a plot owned by one of the spouses for perpetual use before the marriage was registered, then its privatization after the wedding automatically means that both spouses receive rights to it. In the event of a divorce, each of them will be able to claim half of the property.

How to divide a house and land during a divorce between spouses: typical situations and ways to resolve the dispute

Oftentimes, when people end their marriage, one of the most common issues they face is the division of the home in divorce . This is due to the fact that not everyone knows how to correctly formalize this procedure legally.

Some readers will probably think that this is a rather labor-intensive process, since often the structure is not divided in kind. It also comes with soil, which supposedly complicates the procedure.

We will cover in detail in the article all the nuances of these legal relations. We will indicate where you need to go, what list of documents you need to prepare, to minimize risks and hassle.

Rights of spouses to a private house and land

To answer this question, you will need to turn to the legislation regulating the legal status of property acquired by husband and wife in the process of cohabitation.

Spouses own in equal shares all the property that they acquired during marriage (Article 34 of the RF IC).

It can be counted among:

• real estate;
• motor transport;
• money;
• household appliances;
• bonds;
• business.

Objects donated, inherited or purchased before the official marriage at the registry office do not fall under this category.

We draw the reader's attention to the fact that if the wife was engaged in housekeeping during the process of acquiring property, did not have a regular income or did not work at all - child care, disability, nevertheless, she has the same rights as her husband to the common property.

When it comes to buildings and land that a family acquired during their life together, during a divorce, the property and land are divided on a common basis.

Everything depends on the will of the spouses, on how it is more convenient for them to distribute common property.

Let us indicate another subtlety of the process under consideration: citizens can divide property both during marriage and after they have divorced (Article 38 of the RF IC).

What are the ways to divide a house?

The law provides for several options for this procedure. The division of the house and land can be carried out on the basis of constructive negotiations or by going to court.

Several methods can be used:

1. Determine each person's share.
2. By redeveloping the building, equip two residential premises and areas.
3. Pay your ex-spouse money for part of the common property.

Citizens choose one of the options depending on the current situation. Most often, the first and third ones are used in practice, due to the fact that they are less troublesome and costly.

Section by shares

1. When a building is acquired during marriage and is registered in the name of the husband or wife, then the home ownership and the plot are divided in equal shares.
2. The volume of parts may be changed for the benefit of one of the parties in the presence of several factors.

These include:

the woman remains to live with the child under 18 years of age;

the spouse spent her money on improving the premises or major repairs, which increased its cost;

the man or woman was registered in a psychiatric or drug dispensary and led an immoral lifestyle.

After the division of real estate, the parties dispose of it independently. You can sell your part of the property, but the owner of the other half has the priority right to purchase it.

Or, by mutual agreement, the house and land are sold, and the money is divided in proportion to the shares in the property.

Payment for utilities is carried out taking into account the volume of property received. Ex-spouses have equal rights to use public premises.

When dividing land, it is necessary to comply with the rule regulated by Art. 1182 of the Civil Code of the Russian Federation. In accordance with it, the minimum size of the land plot that is allocated to one of the parties must be suitable for its intended purpose.

Allocation of share in kind

This option is acceptable when it is possible to technically divide the residential premises and land into two owners and with mutual consent.

For this purpose, an agreement is drawn up on the division of a residential building in kind. You can solve the problem in court if there is a conflict of interest.

Each of the newly formed buildings during the reconstruction process should have a separate entrance, and a wall should be erected between them to separate the two owners.

If it is not possible to build new common areas, the parties agree on their joint disposal or build an extension, if the plot allows, where a bathroom and toilet, a barn, and a summer kitchen are installed.

The land must go to the new owner in an amount of no less than three hundred square meters for full-fledged farming. Although each region of Russia has its own requirements for land area.

Payment of monetary compensation

This usually happens when it is not possible to divide the building and land in kind or if other property in a divorce does not cover the cost of part of the building. The price of a house and land is determined based on the demand for this property in the market.

• In another case, the building goes to one spouse, and he pays money to the second for his share.
• When one of the parties receives a larger premises due to the technical features of the structure, and the shares were designated the same, then it is obliged to cover the difference with money or other property.
• It is better to determine the volume of financial payments through negotiations and recording their results in writing, in a document with its subsequent notarization.

How to resolve conflict and divide a house after divorce

Fierce disputes between husband and wife regarding the division of common property occur very often. People are usually not used to meeting each other halfway if the separation occurs against the background of acute personal hostility.

The situation can be prevented and resolved:

1. Through negotiations (peacefully).
2. By concluding a prenuptial agreement before marriage.
3. By filing a complaint with the court.

Each of the solution options requires its own course of action.

Often people, in conflict with each other, do not want to reach an agreement and try to resolve disputes in court. Sometimes, achieving a different result, more unfavorable than the one previously expected.

Compromise

This is the least expensive way to resolve the problem of dividing common real estate. The spouses discuss through dialogue which part of the building will go to each in the future.

After reaching a consensus between citizens, an agreement on the division of property is drawn up.

The document sets out the agreements reached. The parties approve them and can register the document with a notary, which gives it greater legal force.

It is possible to resolve the issue verbally, but often people’s words do not match their actions.

Presence of a marriage contract

This agreement greatly simplifies the procedure for dividing house construction and land. The document regulates and stipulates the property rights of the spouses, both during the marriage and after its dissolution. 40 IC RF.

The contract prescribes the principles for the use and disposal of the property of a woman and a man in the course of family life. The most important thing: it gives an answer to how property will be distributed after people officially dissolve their relationship.

It is on the basis of the specified document that the division occurs, and not in the general order.

If it states that one of the parties receives the majority or nothing at all, then this will happen in practice. Only by proving in court that the contract was concluded on enslaving conditions for one of the parties can one hope to receive part of the real estate.

Judicially

This happens when there is misunderstanding and heated disputes between people over the issue of dividing the house with the land.

Taking into account the fact that the total cost of the object is over 50 thousand rubles, it is necessary to file a claim with the city or district court located in the locality where the building is located.

The court resolves disputes between citizens based on the law. An application can be submitted by a spouse who believes that his rights have been violated. This circumstance does not deprive the defendant of the right to file a counterclaim for division of property.

It is recommended to conduct an assessment of the property before filing a claim, so as not to delay the proceedings.

During the hearing, the judge will determine the future of all material assets acquired by people, taking into account objective and subjective factors, which we will discuss below.

We pay attention to what to do. It is better to carry out the assessment without reducing the value of the acquired property, since during the hearings an additional examination may be assigned.

Going to court: instructions

The implementation of this procedure will not cause any particular difficulties.

It consists of several stages:

1. Carrying out property examination.
2. Preparation of necessary documents.
3. Filing a claim.
4. Filing an application to the court through the office.
5. Acceptance of the application for consideration.
6. Participation of parties in meetings.
7. Obtaining a decision on a property dispute.

You must be prepared for the fact that the proceedings may be delayed due to objective factors. In order to partially minimize the loss of effort and resources, it is recommended to initially specifically formulate the plaintiff’s demands.

Calculation of the limitation period

Compliance with the time frame when filing an application is an important condition for the consideration of any cases in court. If they are violated, the court may not accept the claim.

The statute of limitations should be counted from the moment when one of the spouses begins to interfere with the other in the exercise of his rights to dispose of the property: residence, move-in, sale. Within three years, after recording this fact, you can safely file an application with the court.

In the case where the former spouses continued to live in the house after the divorce, and there are no conflicts, the property is still considered community property.

What documents will be required for the court?

This issue should be approached carefully, without missing anything. It is better to prepare all the certificates in advance.

To carry out the procedure you will need:

1. Civil passports of spouses.
2. Certificates of title for real estate.
3. Certificate of marriage (divorce).
4. The act of assessing the object.
5. A copy of the personal account.
6. Birth certificates of common children.
7. The concluded agreement on the division of property, if any.
8. Receipt for payment of state duty.

The list of attached documents is specified in the statement of claim. If necessary, you can make several photocopies of them in advance.

State duty amount

In this case, the claim is of a property nature. Based on Art. 333.19 of the Tax Code of the Russian Federation, the amount of the duty will be calculated based on the assessment of the object.

It is determined on the basis of the data specified in the certificate of cadastral value, now it is actually equal to the market value, or from the appraiser’s report.

Then the price of the property is divided in half to determine the basis for calculating the state duty. This is the cost of the claim.

Briefly about the contents of the statement

The document will need to reflect as fully as possible all the information that will be important during the proceedings.

It indicates:

• details of the court, in the upper right corner, and the place where it is sent;
• identification (passport) data of the applicant and defendant, third parties;
• information about the time and place of marriage, registration certificate number, date when the house and land plot were built or purchased;
• claims – demands of the parties, references to legislative acts;
• list of attached documents;
• signature and date of its preparation.

Some features

They exist in almost any case in court.

Most often, questions arise if the house and plot:

1. They are pledged on the basis of a mortgage agreement.
2. Purchased before the wedding.
3. Built with money allocated under the maternity capital program.
4. Construction of the facility has not been completed (frozen).

Depending on the situation, these features will play a role and directly or indirectly affect the nature of the court decision. It is far from certain that the parties will receive equal shares of the acquired property.

House bought before marriage

In this situation, the property becomes the property of the person who acquired it before the marriage. All property purchased by a person before marriage is his personal property, which means it is not subject to division (Article 256 of the Civil Code of the Russian Federation).

1. If during the marriage the second spouse spent his personal savings or the costs of reconstructing the house, remodeling or repairs were from the family budget, this gives certain privileges.
2. It will be necessary to present in court irrefutable evidence of the expenditure of personal (or general) finances on the building.
3. According to the law, a significant increase in the market value of the object of dispute on the secondary real estate market, due to joint funds, gives the spouse the right to claim part of the home ownership, or payment of monetary compensation in proportion to the money spent.

House with mortgage

The solution to this issue is complicated by the fact that the property is pledged to the bank with which the mortgage agreement was concluded. Therefore, the named financial institution often acts as a third party in court hearings.

The main question that interests all participants is who will repay the contributions to the bank and who will ultimately receive the property.

There are several ways to solve the problem:

1. With the consent of the lender, the loan is reissued to one of the parties. The second spouse receives monetary compensation proportional to the total funds invested in the loan.
2. House construction is sold on the market (with the permission of the lender). The loan is repaid using the funds received, and the remainder is divided in equal shares.
3. The former spouses continue to share the use of the building and site and pay mortgage payments.

Having chosen one of the options, citizens who have entered into an agreement with a credit institution draw up an additional agreement with the lender, which indicates the changes made to repay the debt.

In practice, one of the spouses receives money as compensation.

Purchased or built with maternity capital

As you know, this program of the Government of the Russian Federation is designed to improve the living conditions of Russian families with two or more children.

People often spend money on purchasing large real estate. In this situation, the object becomes common property of both adults and children.

In this case, the living space is divided not into two parts, but into four, if there are two children, taking into account the invested funds of the mother’s certificate.

Construction in progress

Upon divorce, an unfinished house belonging to the spouses is located on the property. People don't know how to divide an unfinished house.

Formally, it is not yet a full-fledged structure, since it has not been taken into account by the Rosreestr authorities and a cadastral passport has not been issued for it.

In this situation, the object is still considered joint property and can be divided.

This can be done in the following ways:

1. Assess the cost of the building materials used and pay half or divide them.
2. Jointly complete the construction and then divide the house.
3. Compensate the invested costs to the other party and independently put the facility into operation.

Often citizens choose the last two options during divorce proceedings. They involve obtaining greater material benefits from unfinished real estate.

Important Tips

In order for divorce and division of a house to proceed without problems, disputes and unplanned financial expenses, you must adhere to the letter of the law and a few tips from the author.

1. Come to a peaceful agreement on the division of common property.
2. Have the agreements notarized.
3. When resolving a dispute in court, prepare all documents in advance and correctly state your demands in the claim.
4. Collect reliable evidence indicating that personal savings were spent on home ownership and land, which will significantly increase the plaintiff’s share in the divorce.
5. Correctly evaluate real estate.

Thus, the process of dividing a residential property and land will not be difficult. It is important to take into account all the circumstances of the case and correctly analyze the current situation and, based on this, quickly make decisions.