Statute of limitations for division of property after divorce

Protection of interests and rights in court is strictly regulated. In particular, there is a so-called “limitation period” - a period of time during which a citizen has the right to protect his interests with the help of the judicial system. When the deadline expires, filing a claim becomes impossible.

This procedural period also exists for the division of joint property of spouses. This point causes a lot of anxiety and questions on the part of divorcing spouses.

What happens if property is not divided during the divorce process? Is it possible to do this in advance? When does the statute of limitations expire in order to “get yours,” and what happens to the property if the deadline is missed?

This article will answer these and similar questions related to the statute of limitations for claims for the division of movable and immovable property of divorced spouses.

Is it possible to divide property after divorce?

A number of articles on our portal are devoted to the legal aspects of the divorce process. We have already written that a husband and wife can divide common property at any time:

• While married (before divorce, or without planning a divorce at all)
• During the divorce process (either by agreement or by including a collateral claim in the divorce petition)
• After the divorce process has taken place and the divorced spouses have received certificates from the registry office

That is, it is possible to divide common property after a divorce. Some lawyers strongly recommend doing just this, since the divorce process itself occurs instantly. Especially if there are no children or there are disagreements about how to provide for the children after the parents separate.

But property can be divided for months, especially if there is a lot of it, but it is heterogeneous: an apartment, a mortgage, a dacha, an object of leisurely shared construction “for the children when they grow up,” a car, a motorcycle, a snowmobile, jewelry, art objects, etc.

Moreover, it is not forbidden to leave the property in joint ownership and use it by agreement.

Example 1

Spouses A and B divorced peacefully, without mutual claims regarding child support.

They jointly owned an apartment with a convenient layout, allowing for minimal common areas, and a car.

Since A’s work required frequent long-term business trips, A and B decided not to divide property yet and continue to use the apartment and car together. It was more convenient for both of them.

Example 2

Childless spouses A and B were married for 3 years and during this time they took out a mortgage loan, buying a three-room apartment.

None of them was ready to fully assume the obligations on the loan and pay the second spouse half the cost of the apartment. A and B decided to first repay the loan and then divide the apartment.

They divorced the marriage in the registry office by mutual consent and continued to jointly pay the mortgage without changing the terms of the banking agreement.

The Family Code of the Russian Federation allows for a voluntary, contractual method of distribution of joint property of divorcing spouses, or division by law, through the court.

Spouses can reach an agreement among themselves at any time; in this case, there is, of course, no limitation period, since there is no need for a claim as such.

If the division occurs in court, Article No. 38 (clause 7) determines the period during which a claim can be filed to divide the property - 3 years. The only question is from what moment it begins to count.

Limitation period for division of joint marital property

Strictly speaking, the statute of limitations specified in the RF IC does not apply specifically to claims for division of property. In fact, this figure is not mentioned at all, simply Article No. 9 of the RF IC states that the limitation periods for family claims comply with the general rules of civil law. So 3 years is the general statute of limitations, according to the Civil Code of the Russian Federation.

All together, this creates some confusion - many people (and sometimes even lawyers and judges) believe that three years count from the date of divorce. But, as we could understand from the above examples, joint use of property after a divorce can last for years if both parties are satisfied.

Does not mean. Because Article No. 200 (clause 1) of the Civil Code of the Russian Federation, to which the RF IC directs us, clearly names the starting point of the statute of limitations as the moment when one of the spouses learns that his rights to joint property have been violated.

Example 3

After the divorce, spouses A and B verbally agreed that A would remain in a city apartment, B and the children would move to a country house. B uses a car because it is more needed outside the city.

5 years after the divorce, A asked B to provide him with a car while on vacation. Then it turned out that the car had been sold long ago and the money had been spent. That is, all the time after the divorce, A did not know that his property rights were violated.

This means that the statute of limitations has not expired, and A can file a claim for division within the next three years.

That is, as long as the former spouses peacefully use common property together, or one of them uses it by mutual consent, the statute of limitations does not begin or expire.

ATTENTION! Despite all of the above, the date of divorce in some cases may be considered the beginning of the statute of limitations.

This happens when, for three years after the divorce and beyond, the property rights of one of the parties are not violated by the other party, and there are no obvious prerequisites for this.

It is impossible to divide property through the court, relying only on the provisions of the RF IC on equal ownership of joint property, if three years have elapsed since the divorce.

Example 4

Spouses A and B divorced 5 years ago. They did not share the common apartment in which B stayed with the child. After 5 years, B was about to enter into a new marriage. And I decided to divide the property “just in case.” The court refused to accept the claim because it considered the statute of limitations to have expired.

After all, A’s rights to the apartment were not violated by the simple fact of B’s remarriage. Now, if she writes a will for the apartment in favor of her new husband, allocates shares in it to him or her children from the new marriage, without first allocating half of A, she wants to sell/exchange it, this would be a violation of his property rights.

Then A will be able to file an action for partition.

Restoring a missed statute of limitations

Sometimes situations occur when a person knew that his property rights were violated by his ex-spouse, but did nothing for three years. And then he decided to get back the property that had been taken from him.

These cases are very complex. If the infringing spouse can prove that he notified his ex-husband or wife that, for example, he sold a house that they owned together, and he or she did not file a lawsuit until four years after this event, the statute of limitations will be considered to have expired.

However, the injured party can convince the court to reinstate the statute of limitations by proving that the omission occurred for a good reason on his part. To do this, you need to file a claim to restore the statute of limitations, attaching evidence that the reason for missing the deadline was valid. Each such case is individual.

Valid reasons are definitely:

• An illness that requires long-term treatment and rehabilitation, or a long stay in a hospital
• Staying in another country or region (long business trip, military service, prison term, moving to a new place of residence)
• Family circumstances (the birth of a child or children, the need to care for a disabled/seriously ill person, the death of a family member)
• Other circumstances may also be taken into account - for example, insufficient legal literacy, or poor command of the Russian language

The longer these circumstances occurred during the limitation period that the plaintiff missed, the more likely it is that the court will recognize them as valid.

For example, if the plaintiff cites the death of a close relative that occurred two years before the end of the statute of limitations as a valid reason for not filing a lawsuit in a timely manner, he needs to prove that its consequence was long-term depression. The illness prevented him from acting sensibly in protecting his property rights.

If the circumstances ceased earlier than six months before the expiration of the statute of limitations, the court most likely will not recognize them as valid. But if the valid circumstances are proven, the court will restore the deadline, which will make it possible to file a claim for the division of the disputed property.

Time limit for consideration of a claim for division of property

In other words, how long might it take for a case to be resolved and a decision to be made?

There are 30 days between the filing date of the claim and the first hearing. Property division cases most often require more than one meeting. Each subsequent meeting is scheduled every month. In practice, court hearings are often postponed, which further delays the deadline.

A week after the decision is made, it is issued to the parties. Each party has the right to challenge the verdict within a month by filing an appeal, then a cassation appeal.

If this does not happen, the court decision comes into force one month after it is made. Thus, the entire process will take at least 2 months.

In the case of an appeal to higher authorities, the review period may be six months or more.

If you have any questions regarding this topic, please contact the lawyers of the Prav.io portal for advice.

On the portal you can also find a qualified lawyer who will help you during the process of dividing former family property after a divorce and even after the statute of limitations has expired.

Time limit for property claims after divorce

Hello, please tell me what the statute of limitations is for the division of property after a formal divorce. Is it possible to conduct an appraisal of property during the trial, i.e. According to paragraph. Accordingly, this rule of law applies to disputes related to the division of property of spouses, and is subject to calculation from the moment of divorce.

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Content:

• How long after a divorce can you demand division of property?
• Is there a statute of limitations for dividing an apartment after a divorce?
• Divorce by installments
• Limitation period for division of common property of spouses
• The Supreme Court explained how to calculate the limitation period when dividing property
• How long after divorce can property be divided?
• Division of property during divorce

How long after a divorce can you demand division of property?

VIDEO ON THE TOPIC: Division of property (limitation period - 3 years)

And the Supreme Court clarifies that this period applies and begins to be calculated from the moment when the second spouse learned of a violation of his right to division of jointly acquired property.

Three years have long passed, but during the marriage certain property was acquired - an apartment, a car, land, and the second spouse, in whose name this property is not registered, conscientiously believes that it was jointly acquired and the second spouse can dispose of it only with his consent .

However, before the Supreme Court gave such clarifications, the statute of limitations in the courts was calculated from the date of divorce.

Violation of the right includes those cases in which one of the spouses independently disposed of what was acquired during the marriage at his own discretion without notifying the second spouse.

It is not individual, it is not in the personal property of one of them, unless there was an additional court decision, for example, therefore it is a priori considered jointly acquired.

Many disputes arise if one of the spouses has died and the claim for division of property has not yet entered into force.

Who has the right to the property of a deceased spouse? This is a very difficult point, which often occurs in judicial practice and gives rise to a lot of controversy and uncertainty.

However, the spouse who survives the first spouse always has the right to enter into an inheritance, but not as an heir, but through a notary.

He must write an application to the notary for the allocation of his marital share in the jointly acquired property. Even though he himself may be in a new marriage at this moment. Application for organizing a broadcast. Contact the Company.

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No matter how long the rope twists, it will end. Unfortunately or joyfully, what once began with great love ends.

Is it true that three years after the divorce, the ex-spouse cannot make any claims regarding the division of jointly acquired property? The running of the three-year limitation period for claims for the division of property that is the common joint property of spouses whose marriage is dissolved should be calculated not from the time of termination of the marriage on the day of state registration of the divorce in the civil registration book upon divorce in the civil registry office, but upon dissolution of the marriage in court - the day the decision entered into legal force, and from the day when the person learned or should have learned about the violation of his right. My mother-in-law offers my husband to issue a deed of gift for her share in the apartment; in fact, she does not give it as a gift, but we buy out her share, and my husband insists on the sale and purchase. What should we do? The fact is that by drawing up a deed of gift, but in fact buying out a share, you will make it worse, first of all, for yourself. It happens that spouses separate.

Is there a statute of limitations for dividing an apartment after a divorce?

If, upon divorce, the spouses did not resolve the issue of division of common property, then it may remain registered in the name of one of the spouses or in his use.

Or is this right not limited in time? According to paragraph 1 of Article 33 of the Code of the Republic of Kazakhstan on Marriage, Marriage and Family, property acquired by spouses during marriage is their common joint property.

In accordance with paragraph 1 of Article 37 of the Code on Marriage, Marriage and Family, the division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a creditor filing a claim for the division of the common property of the spouses for appeal recovery of the share of one of the spouses in the common property of the spouses.

Divorce by installments

Almost every third marriage in Kazakhstan ends in divorce, as shown by the disappointing results of studies by the Statistics Agency.

Based on these data, one can imagine the scale of how often people have to divide property. In particular, an apartment, if, of course, the former spouses had one.

There is even a separate project on the Internet dedicated to the divorce process. The site is called: brakorazvod.

During this time they managed to build a house. During the divorce, they did not divide the property; Kosheleva’s husband remained living in the house - she did not object to this, although she did not renounce her ownership of the house. A year after the divorce, he married his new wife, who bore him two children.

Six years later, Masterkov died, and the heirs began to divide the property, including the house. It was supposed to go to Masterkov’s wife, mother and two sons, but the ex-wife decided to defend her rights to the property, which was not initially divided.

She decided to get the court to recognize her ownership of half of the house. The defendants, Masterkov’s new family, insisted that the statute of limitations had already expired, and 7 years after the divorce it was too late to talk about the division of property.

The Kushchevsky District Court of the Krasnodar Territory upheld the claim, and the appeal, on the contrary, agreed with the defendant.

Limitation period for division of common property of spouses

According to the civil code, all property purchased during marriage is jointly acquired property and joint property.

If during the divorce you did not sign any agreements on the division of property or did not sign a prenuptial agreement during the marriage, then the apartment purchased during the marriage for one of the spouses is the joint property of the spouses.

If your ex-husband wants to sell it or give it away, then your permission will be required to register such a transaction, no matter how many years have passed.

And the Supreme Court clarifies that this period applies and begins to be calculated from the moment when the second spouse learned of a violation of his right to division of jointly acquired property.

Three years have long passed, but during the marriage certain property was acquired - an apartment, a car, land, and the second spouse, in whose name this property is not registered, conscientiously believes that it was jointly acquired and the second spouse can dispose of it only with his consent .

The decision of the Judicial Collegium for Civil Cases of the Supreme Court was devoted to one of these difficult moments of such disputes. We are talking about statutes of limitations.

In relation to our option - the statute of limitations during which divorced spouses can present claims to their former half regarding the division of jointly acquired property.

The decision that the Supreme Court made in a specific case can be very interesting for other citizens who find themselves in similar “temporary” situations. Because the decision explains what laws should be applied in similar cases.

It all started when a citizen brought a claim to court against her ex-husband for the division of a shared apartment. In the courtroom, the plaintiff stated that she had previously been married to the defendant. While they were a family, they bought a one-room apartment, which they registered in her husband’s name. Now the woman asked for half of this apartment.

Hello, please tell me what the statute of limitations is for the division of property after a formal divorce.

And that's all. From the moment the receipt is written, all claims lose their relevance. No woman deserves to be treated this way.

How long after divorce can property be divided?

This is why I prefer to travel by train. A transaction means not only the purchase or sale of an asset (commodity, currency, shares and bonds, other securities), but also many other agreements. To reduce the risk of such quibbles, you need to follow the following sequence of actions: We understand the documents.

Accordingly, the head of the organization is obliged to conduct briefings with all employees of this organization. In this case, the process itself takes place remotely. When performing work on checking cameras in water, additionally: A spring operator working on hot metal.

HomeChildrenCustody and guardianship of childrenHow to register a guardian in a municipal apartment Contents: General rules Use of living space Registration procedure. Transfer of debt under a leasing agreement. Who has the right to check the documents of the driver and passengers? To obtain permission, a written application indicating personal data and characteristics of the site is submitted to the authorized bodies.

Division of property during divorce

These debts can be collected from you without any legal proceedings, simply based on the application of such a company to the appropriate authority with a request to collect the existing debt from you.

The area of ​​auxiliary premises includes the area of ​​kitchens, corridors, baths, toilets, built-in closets, storage rooms, as well as the area occupied by the internal staircase.

Thus, the proposed formula, in the author’s opinion, is closest to the truth in explaining the distribution of weights depending on the amount of adjustments for analogues. In this case, the limitation period is three years, Art.

Can the applicant refuse the examination due to the impossibility of paying an amount exceeding the pre-agreed amount?

Don’t worry again, think everything over, write it down.

A citizen dismissed from service in the penal system on the grounds provided for in clause 2 of part 1, clause 8, 11 or 12 of part 2 or clause 1 of part 3 of Article 84 of this Federal Law, the length of service in the penal system is counted towards the continuous length of service to calculate bonuses for length of service and provide social guarantees established by the legislation of the Russian Federation.

There is information that there was an attempt on the Ukrainian side to break through the border by a group of militants.

But it is not profitable for sellers to return money or replace a mobile phone. It is clear how you can return tax on mortgage interest. How can I get a duplicate sick leave certificate? Obtain a social mortgage (if the family was recognized as being in dire need of more comfortable living conditions, which is confirmed by documentation from government agencies).

Sun told how to calculate the limitation period when dividing property - news pravo.ru

The law gives former spouses three years to divide jointly acquired property. But when do you start counting this period - from the day of divorce or from the moment when the rights of the other spouse were violated? In one of the latest cases considered by the civil panel of the Supreme Court, lower courts could not decide how to correctly calculate the limitation period in such disputes. The Armed Forces reminded in what cases you can take back yours after many years.

Nadezhda Kosheleva* was married to Evgeniy Masterkov* for 12 years. During this time they managed to build a house. During the divorce, they did not divide the property; Kosheleva’s husband remained living in the house - she did not object to this, although she did not renounce her ownership of the house. A year after the divorce, he married his new wife, who bore him two children. Six years later, Masterkov died, and the heirs began to divide the property, including the house. It was supposed to go to Masterkov’s wife, mother and two sons, but the ex-wife decided to defend her rights to the property, which was not initially divided. She decided to get the court to recognize her ownership of half of the house. The defendants, Masterkov’s new family, insisted that the statute of limitations had already expired, and 7 years after the divorce it was too late to talk about the division of property.

The Kushchevsky District Court of the Krasnodar Territory upheld the claim, and the appeal, on the contrary, agreed with the defendant. Three years are allotted for the division of the common property of the spouses (Clause 7 of Article 38 of the Family Code), and this time must be calculated from the moment of official divorce, the regional court indicated, which means that the statute of limitations has expired.

Kosheleva appealed to the Supreme Court, which sided with her. The Collegium for Civil Disputes recalled paragraph 19 of the Resolution of the Plenum of the Supreme Court No. 15 “On the application of legislation by courts when considering cases of divorce.”

According to the resolution, the statute of limitations for such disputes is three years, however, not from the time of termination of the marriage, but from the day when the person learned or should have learned that his rights were violated (clause 1 of Article 200 of the Civil Code).

– from the Supreme Court Ruling in case No. 18-КГ17-217

Kosheleva’s house was built during the marriage, was joint property, and there was no dispute regarding the house. This means that there was no violation of rights on the part of the defendant, the Supreme Court noted.

At the same time, Kosheleva did not renounce her property rights. Consequently, the statute of limitations in the case has not expired, and the conclusions of the appeal about its omission are incorrect.

The Supreme Court sent the case for a new trial to the Krasnodar Regional Court.

Previously, courts often believed that the three-year statute of limitations should be calculated from the date of divorce, says Kira Koruma, partner at Yakovlev and Partners.

It is obvious that today courts sometimes continue to make the same mistake as in the Kosheleva case. This, on the one hand, protects the rights of both divorced people.

But, on the other hand, it creates legal uncertainty for themselves, for their new spouses, for creditors, for acquirers of such property, etc., explains Coruma.

“The one who owns the property can use it and make transactions without informing the other ex-spouse. And the latter may not worry about anything for a long time, and ten years later make a claim.”

According to Coruma, in such situations it is important to establish when the ex-spouse became aware of the violation of his rights.

But the Supreme Court did not provide explanations or examples of what specific circumstances should be taken into account, Coruma says with regret.

* names and surnames of participants in the process have been changed by the editors

© LLC "PRAVODNIK". 2008-2019. Editorial phone number: (495) 645 37 60 Certificate El No. FS 77-31590. Issued by the Federal Service for Supervision of Mass Communications, Communications and Cultural Heritage Protection.

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How long after a divorce can you demand division of property?

• Is it true that three years after the divorce, the ex-spouse cannot make any claims regarding the division of jointly acquired property?
• Palamarchuk.
• No, claims can be brought.
• The running of the three-year limitation period for claims for the division of property that is the common joint property of spouses whose marriage is dissolved should be calculated not from the time of dissolution of the marriage (the day of state registration of the dissolution of the marriage in the civil registration book upon dissolution of the marriage in the civil registry office, but upon dissolution marriage in court - the day the decision entered into legal force), and from the day when the person learned or should have learned about the violation of his right.
• HOW TO REGISTER MOM'S APARTMENT SHARE?

My mother-in-law invites my husband to draw up a deed of gift for her share in the apartment (in fact, she does not give it as a gift, but we buy out her share), and my husband insists on the sale and purchase. What should we do?

Larisa Plotnikova.

It is best to do as your husband insists - arrange a buyout of your mother-in-law's share.

The fact is that by drawing up a deed of gift, but in fact buying out a share, you will make it worse, first of all, for yourself. It happens that spouses separate. And they divide the property. The property subject to division includes the common property of the spouses that they have at the time of consideration of the case or that is in the possession of third parties.

1. When dividing property, the common debts of the spouses and the right to claim for obligations arising in the interests of the family are also taken into account.
2. Property acquired as a gift or by inheritance, as well as personal items, with the exception of jewelry and luxury items, is not considered joint property if acquired during marriage, but with the personal funds of one of the spouses that belonged to him before marriage.
3. That is, if something happens, you will have nothing to do with the “donated” share.
4. WHEN IS CUSTODY APPOINTED?

We are divorcing my husband. He doesn’t like the fact that I am caring for my old and sick dad, and advises me to arrange guardianship or guardianship over him after the divorce. What's the difference?

• @amalia79.
• Guardianship is appointed over minor citizens under the age of fourteen, as well as those recognized by the court as incompetent.
• And guardianship is over minors aged fourteen to eighteen years and citizens limited by the court in their legal capacity.

You can send your questions to the editorial office by mail (with a note on the envelope “Your cause is right!”) or by e-mail - [email protected]

Limitation period for division of property after divorce

• Statute of limitations for the division of marital property and rules for calculating it
• When does the countdown begin?
• How do courts calculate the statute of limitations?
• Suspension of the term
• What to do if the deadline has expired
• The positions of the courts regarding the statute of limitations when dividing joint property

Statute of limitations for the division of marital property and rules for calculating it

Civil legislation in paragraph 1 of Art. 196 of the Civil Code of the Russian Federation defines the general limitation period as equal to three calendar years. Clause 1 Art. 197 of the Civil Code establishes special deadlines established for specific types of requirements.

Read about the main limitation periods in civil cases in our article “Basic limitation periods in civil cases.” Special limitation period for the division of property of spouses in accordance with paragraph 7 of Art. 38 of the RF IC is equal to three years, so it does not differ from the general term.

Since family law does not provide otherwise, when calculating the period under review, the general rules from Chapter 12 of the Civil Code are applied.

These include the following:

1. The beginning of the period must be calculated from the day when any property right of the spouse was violated and he became aware of it.
2. The time period from the moment of violation of the right cannot last more than 10 years.
3. The legal rule on the statute of limitations is mandatory and cannot be changed at the discretion of the parties, and any agreement on this is considered invalid.
4. The limitation period may be suspended on the grounds expressly specified in Art. 202 of the Civil Code (in particular, force majeure circumstances, service in the armed forces of the country if they are transferred to martial law, etc.).
5. The term is suspended only if the grounds for this arose in the last six months of the term.

It is important to keep in mind that the expiration of the statute of limitations for the division of property in itself does not serve as a basis for refusing to satisfy the plaintiff’s claims. The court can refuse for this reason only if there is a corresponding application from the defendant.

When does the countdown begin?

When determining the limitation period, it is important to correctly determine the moment from which the countdown begins. The opinion that established by Art. 38 of the RF IC, the three-year period begins to run from the moment of divorce, erroneously.

According to the position of the Plenum of the Armed Forces of the Russian Federation, set out in paragraph 19 of Resolution No. 15 of November 5, 1998, the period begins from the day when one of the spouses learned (or should have learned) about the fact of a violation of his right.

In this case, the date of divorce - by making an appropriate entry in the civil registration book or on the basis of a court decision that has entered into legal force - does not matter.

Violation of the property rights of one of the spouses may arise as a result of:

• conclusion by one of the spouses of a transaction, as a result of which the second spouse is deprived of the rights to part of the jointly acquired property, for example, when concluding a contract of gift, purchase and sale, exchange, etc.;
• a dispute arises regarding the procedure for using common property;
• loss by one of the former spouses of the opportunity to use property as a result of the actions of the second spouse.

How do courts calculate the statute of limitations?

Judicial practice contains many examples of how courts satisfy the property claims of former spouses even after more than 10 years have passed from the date of divorce.

Thus, there is a determination of the Investigative Committee for civil cases of the Armed Forces of the Russian Federation dated August 13, 2013 No. 4-KG13-19, which satisfied claims for the division of property acquired during marriage, almost 16 years after its dissolution.

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The court, when considering the case, took into account the fact that the spouse, who owned half of the plot, did not renounce her rights to it, and did not apply to the court with a request to divide the property because she did not see any obstacles to the further use of the land in her interests.

The court decided that the wife learned about the violation of her rights only after her ex-husband donated the land to his son - it was from that moment that the statute of limitations began to count.

It was not missed, so the court overturned the ruling previously made by the appellate court and upheld the decision of the first instance court, according to which the plaintiff’s demands were fully satisfied.

Suspension of the term

The limitation period may be suspended. This means that the period will not be calculated over a certain period of time. Suspension is a temporary measure, after which the countdown of the period continues and does not begin again.

The conditions under which suspension of the term is allowed are established by civil law. According to Art.

 202 of the Civil Code of the Russian Federation, the provisions of which also apply when calculating the limitation period in cases of division of jointly acquired property, the running of the period may be suspended in the presence of the following circumstances:

• if it was impossible to file a claim due to force majeure circumstances, such as a natural disaster;
• if the plaintiff or defendant is serving in the Armed Forces;
• if the parties tried to resolve the dispute out of court, for example, they used the mediation procedure.

What to do if the deadline has expired

If the statute of limitations has expired, the spouse whose property rights have been violated will, as a general rule, not be able to defend them in court, but only when the defendant declares that the deadline has been missed.

However, there are exceptions to this rule. In accordance with the provisions of Art. 205 of the Civil Code of the Russian Federation, if there are good reasons, the missed limitation period can be restored. The grounds for reinstating the deadline are:

• serious illness, for example pneumonia, for which the plaintiff was in hospital and could not go to court;
• being in a helpless state;
• illiteracy of the plaintiff - in this case, illiteracy means a person’s inability to read and write; legal illiteracy, which is expressed in ignorance of the laws, is not a basis for reinstating the term.

Important! The reasons for missing the statute of limitations in cases related to the division of property during divorce are recognized as valid only if they arose during the last six months of the limitation period.

The term will have to be restored through the courts. To do this, you will need to submit a corresponding petition, supporting the request stated in it with supporting documents or testimony.

The positions of the courts regarding the statute of limitations when dividing joint property

When calculating the statute of limitations for the division of property, it is necessary to carefully study the existing judicial practice. Acts of the Supreme Court of the Russian Federation have repeatedly explained the procedure for calculating the period, determining the beginning of its course and a number of other significant issues.

One of such acts is the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts when considering cases of divorce” dated November 5, 1998 No. 15.

Let us recall that clause 19 establishes the provision that the period does not begin from the date of termination of the marriage (no matter how it was terminated: with the entry into force of a court decision or making an entry in the registry office). The moment of violation of the property right of one of the former spouses is of decisive importance.

Taking into account this position, courts of general jurisdiction, including the highest instance, have repeatedly made decisions stating that the limitation period does not begin from the end of the marriage relationship.

For example, the ruling of the Supreme Court of the Russian Federation dated December 26, 2017 No. 18-KG17-217 took into account the plaintiff’s position that after the divorce, her right to use the house she shared with her ex-husband was not violated.

It was violated after the death of the former spouse due to the inclusion of the house in the inheritance estate.

***

Thus:

• the statute of limitations for the division of jointly acquired property, although established by a special norm of the RF IC, is equal to three years;
• it begins on the day when the spouses became aware of the violation of property rights;

1. The Supreme Court of the Russian Federation has repeatedly explained that calculating the period from the date of divorce is not correct.
2. ***
3. Even more materials on the topic can be found in the “Divorce” section.

Is there a statute of limitations for dividing an apartment after a divorce?

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Nikolai Lavrov, head of the interregional housing program “Moving to St. Petersburg,” General Director of the Real Estate in St. Petersburg Group of Companies, answers:

According to the civil code, all property purchased during marriage is jointly acquired property and joint property.

If during the divorce you did not sign any agreements on the division of property or did not sign a prenuptial agreement during the marriage, then the apartment purchased during the marriage for one of the spouses is the joint property of the spouses.

If your ex-husband wants to sell it or give it away, then your permission will be required to register such a transaction, no matter how many years have passed. But here there are possible ways for fraud on his part: for example, he changes his passport, and the new passport will not have a stamp about a previously concluded marriage.

And it may all end with you being ordered to receive deductions from your husband’s official salary for the next 300 years to pay off the cost of your share of the apartment. You need to now file a lawsuit for the division of property between the spouses and allocate your marital share in kind, then you can sleep peacefully.

My wife was given an apartment as a gift during marriage. Will the husband get a share in a divorce?

Is an apartment purchased with a military mortgage subject to division?

Natalya Kruglova, General Director of Metrium Group, member of the CBRE partner network, answers:

According to the current legislation of Russia, the statute of limitations for the division of jointly acquired property of spouses is three years.

However, it is worth paying attention to the fact that the starting point in this case is not the date of divorce, but the day when the spouse learns about the violation of his right in relation to joint property (for example, when the spouses have disagreements about the living arrangement or one of them will prohibit another person from entering the apartment).

Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:

In order to receive a “tangible” share in the apartment, it is necessary to submit an application for division of property within three years from the date of divorce. After three years, this can only be done if it can be proven that the deadline was missed for a good reason.

Elena Mishchenko, head of the urban real estate department of the northeastern branch of the NDV-Real Estate company, answers:

The RF IC states that disputes over the division of property have a statute of limitations of three years, but does not indicate from what point the countdown begins.

The decision of the Plenum of the Supreme Court clarified that the limitation period begins to be calculated from the time when one of the spouses learned about the infringement of their rights. For example, if an apartment is sold without his consent.

In this regard, we recommend making a division of property so as not to be afraid of the sale of housing without your knowledge.

Can I kick my husband out of the apartment without his knowledge?

Can an ex-husband claim a share in an apartment purchased with maternal capital?

Lawyer Anastasia Braicheva answers:

If an apartment acquired during marriage is registered in the name of one of the spouses, it must be divided within three years from the date of divorce. If a marriage contract has not been concluded, then the division can be made either voluntarily, on the basis of an agreement on the division of jointly acquired property (certified by a notary), or in court.

Three years is the general statute of limitations that begins on the date of divorce. You can file a claim in court after this period has expired, but to refuse the claim, it will be enough only for the other spouse to state that the statute of limitations has passed.

If you did not have a good reason to miss it (especially the last six months of this period), the court will reject your claim, and division of property is impossible.

It must be remembered that the statute of limitations is not applied by the court independently and automatically, but only upon the application of a party to the case.

Even if the deadline is missed, if the defendant spouse does not make a statement about the application of the statute of limitations, the court will consider the case on its merits and, if there are grounds, divide the property.

Thus, filing a claim after the expiration of three years after the divorce does not exclude the satisfaction of the claim, but raises the question of the decision that the court will make, depending on the actions of the other party.

• Text prepared by Maria Gureeva
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The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

Statute of limitations for division of property after divorce

Professional news Limitation period for division of marital property Limitation period in accordance with Art.

Accordingly, the limitation period for disputes regarding the division of jointly acquired property of spouses is the period during which the division of common property can be carried out. Sometimes it is called the period of division of property, the statute of limitations for the division of property and other similar terms.

But the correct name is the statute of limitations for claims for the division of the common property of spouses, paragraph. According to paragraph. Regarding the timing of this rule, it is consistent with Art.

Content:

• How long after a divorce can you demand division of property?
• Limitation period for division of marital property
• Statute of limitations for division of property after divorce
• Is there a statute of limitations for dividing an apartment after a divorce?
• Statute of limitations for division of property
• Limitation period for division of property after divorce
• Section order. Limitation periods for division of property.
• Limitation period for division of property

How long after a divorce can you demand division of property?

The Supreme Court explained how to calculate the statute of limitations when dividing property Photo: Getty Images Plus The law gives former spouses three years to divide jointly acquired property.

But when do you start counting this period - from the day of divorce or from the moment when the rights of the other spouse were violated? In one of the latest cases considered by the civil panel of the Supreme Court, lower courts could not decide how to correctly calculate the limitation period in such disputes.

The Armed Forces reminded in what cases you can take back yours after many years. During this time they managed to build a house.

A year after the divorce, he married his new wife, who bore him two children. Six years later, Masterkov died, and the heirs began to divide the property, including the house.

It was supposed to go to Masterkov’s wife, mother and two sons, but the ex-wife decided to defend her rights to the property, which was not initially divided.

She decided to get the court to recognize her ownership of half of the house.

The defendants, Masterkov’s new family, insisted that the statute of limitations had already expired, and 7 years after the divorce it was too late to talk about the division of property.

The Kushchevsky District Court of the Krasnodar Territory upheld the claim, and the appeal, on the contrary, agreed with the defendant. Three years are allotted for the division of the common property of the spouses.

Kosheleva appealed to the Supreme Court, which sided with her. The Collegium for Civil Disputes recalled clause. According to the resolution, the statute of limitations for such disputes is three years, however, not from the time of termination of the marriage, but from the day when the person learned or should have learned that his rights were violated, clause.

The limitation period for claims for the division of common property of spouses whose marriage is dissolved is calculated from the moment when the former spouse became aware of a violation of his right to common property, and not from the moment other circumstances arose; registration of ownership of property for one of the spouses during the period marriage, termination of marriage, non-use of disputed property, etc.

This means that there was no violation of rights on the part of the defendant, the Supreme Court noted. At the same time, Kosheleva did not renounce her property rights. Consequently, the statute of limitations in the case has not expired, and the conclusions of the appeal about its omission are incorrect.

It is obvious that today courts sometimes continue to make the same mistake as in the Kosheleva case.

This, on the one hand, protects the rights of both divorced people. But, on the other hand, it creates legal uncertainty for themselves, for their new spouses, for creditors, for purchasers of such property, etc.

And the latter may not worry about anything for a long time, and ten years later make a claim.”

But the Supreme Court did not provide explanations or examples of what specific circumstances should be taken into account, Coruma says with regret.

Limitation period for division of marital property

But that's not true. Indeed, paragraph 7 of Article 38 of the Family Code of the Russian Federation provides that a three-year statute of limitations applies to the claims of spouses for the division of common property of spouses whose marriage is dissolved.

However, the specified three-year limitation period should be calculated from the day when the spouse learned or should have learned about the violation of his right to common property.

Thus, the limitation period for the division of property of spouses begins from the moment of violation of the spouse’s rights to jointly acquired property and will be calculated from the time when the spouse learned about the obstacles in use caused by the other spouse. Violation of rights can arise both from the moment of divorce and an indefinite number of years after it.

At the same time, registration of ownership of common property acquired during marriage by one of the spouses does not indicate a violation of the rights of the other co-owner and does not mean that from the date of making an entry in the Unified State Register of Rights to Real Estate and Transactions with It, the person knew or should have known about the violation of the right.

As judicial practice shows, the arguments of the spouse who continues to use the property that the other party does not use the disputed property and does not bear the costs of its maintenance also do not indicate the beginning of the limitation period from the moment the ex-spouse ceased to use the disputed property, ruling of the Supreme Court of the Russian Federation from November 8

If, after the dissolution of marriage, the division of property between the former spouses was not carried out in the manner prescribed by law, there was no dispute about the procedure for using common property, and there is no information that the other spouse voluntarily renounced his rights to the property, then in relation to this property it is retained joint ownership regime. It is impossible to dispose of such real estate without the consent of the other spouse.

Former spouses will be able to claim rights to jointly acquired property even several years after the divorce.

Division of property of spouses The procedure for division. Limitation periods for division of property. As a rule, immediately after or during the divorce procedure, the spouses are faced with the acute issue of dividing the marital property. Although the division of spouses’ property can be carried out much later than the divorce, and long before the dissolution of the marriage.

The statute of limitations for the division of property does not apply to the period of marriage, and after divorce it is 3 years, but the starting point of the statute of limitations does not coincide with the moment of divorce, but begins only when the person learned or could find out about the violated right.

Is it necessary to rush to divide property at the same time as divorcing a marriage?

Statute of limitations for division of property after divorce

Is there a statute of limitations for dividing an apartment after a divorce? Is there a statute of limitations for dividing an apartment or will I always be considered the owner of half, like my ex-wife? Or do you still need to file for division of the apartment within three years after the divorce? If during the divorce you did not sign any agreements on the division of property or did not sign a prenuptial agreement during the marriage, then the apartment purchased during the marriage for one of the spouses is the joint property of the spouses. If your ex-husband wants to sell it or give it away, then your permission will be required to register such a transaction, no matter how many years have passed. But here there are possible ways for fraud on his part: for example, he changes his passport, and the new passport will not have a stamp about a previously concluded marriage.

Is there a statute of limitations for dividing an apartment after a divorce?

What is the limitation period for dividing the property of spouses? What is the limitation period for dividing property of spouses? The claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period.

The statute of limitations is applied by the court only upon the application of a party to the dispute made before the court makes a decision in paragraph. On a request for division of property of former spouses, the statute of limitations is three years.

If, after the dissolution of the marriage, the former spouses continue to jointly use common property, then the statute of limitations begins to run from the day when one of them committed an action that prevented the other spouse from exercising his rights in relation to this property, for example, in the case of alienation of property. Ruling of the Supreme Court of the Russian Federation dated Violation of the rights of one of the spouses to jointly acquired property may arise, in particular, as a result of: - alienation by transactions by one of the spouses of the spouses’ common property; - lack of access to the common property of the spouses by one of the spouses as a result of the actions of the other spouse that create obstacles to its use; - a dispute regarding the procedure for using the common property of the spouses, that is, if one of the spouses prevents the other spouse from exercising his rights in relation to this property; - separation of spouses and non-use of the common property of the spouses, as well as non-bearing of the burden of its maintenance by one of the spouses. Violation of rights can arise both from the moment of divorce and an indefinite number of years after it. In this regard, when one of the former spouses makes a claim for the division of common property, the date and circumstances in which the person learned of the violation of his rights to common property should be indicated.

Statute of limitations for division of property

And the Supreme Court clarifies that this period applies and begins to be calculated from the moment when the second spouse learned of a violation of his right to division of jointly acquired property.

Three years have long passed, but during the marriage certain property was acquired - an apartment, a car, land, and the second spouse, in whose name this property is not registered, conscientiously believes that it was jointly acquired and the second spouse can dispose of it only with his consent .

Moreover, according to the law, the former spouse can claim not only existing property, but also profit from property, transactions with which were carried out without the consent of the second spouse. However, before the Supreme Court gave such clarifications, the statute of limitations in the courts was calculated from the date of divorce.

Violation of the right includes those cases in which one of the spouses independently disposed of what was acquired during the marriage at his own discretion without notifying the second spouse.

Limitation period for division of property after divorce

Such cases are always, by definition, complex and conflict-ridden. And, despite the fact that it would seem that everyone knows the general rule - everything acquired in marriage by a husband and wife is divided in half, regardless of whose name the property is recorded in, for citizens and judges in such cases there are still many questions and problems.

Articles of the Criminal Code will be prepared for family conflicts. The decision of the Judicial Collegium for Civil Cases of the Supreme Court was devoted to one of these difficult moments of such disputes. We are talking about statutes of limitations.

Because the decision explains what laws should be applied in similar cases. It all started when a citizen brought a claim to court against her ex-husband for the division of a shared apartment.

Section order. Limitation periods for division of property

AA Is it true that three years after the divorce, the former spouse cannot make any claims regarding the division of jointly acquired property? No, claims can be brought.

The running of the three-year limitation period for claims for the division of property that is the common joint property of spouses whose marriage is dissolved should be calculated not from the time of termination of the marriage on the day of state registration of the divorce in the civil registration book upon divorce in the civil registry office, but upon dissolution of the marriage in court - the day the decision entered into legal force, and from the day when the person learned or should have learned about the violation of his right. My mother-in-law offers my husband to issue a deed of gift for her share in the apartment; in fact, she does not give it as a gift, but we buy out her share, and my husband insists on the sale and purchase.

Limitation period for division of property

Is it possible to reclaim my wife's surname with the help of a family lawyer? Statute of limitations for dividing marital property At least a couple of times a month we are asked about the statute of limitations relating to the division of common property of spouses.

The question usually comes down to whether it will be possible to divide joint property after 3 years? They also ask about the statute of limitations from the second position in the context of whether, three years after the divorce, it will be possible not to divide and not give anything to the ex-spouse? The question about the limitation period arises primarily due to the fact that the notorious civil and family codes of Ukraine have established it at three full years. The limitation period is the period of time within which the plaintiff in our case, the ex-spouse, can demand restoration of his violated right. Missing this very time established by law to protect one’s rights does not automatically deprive one of the opportunity to go to court with a demand to judge one’s rightfully acquired property, and the court only at the request of the opposite side of the defendant, who will definitely do this, if he has sensible lawyers, is obliged to apply the consequences of omission statute of limitations.

Peculiarities of filing applications for division of property after divorce Division of property of spouses: general provisions In accordance with paragraph. Other may be provided for in the marriage contract. In particular, the following: property can be divided both during marriage and after its dissolution.

Due to the fact that after the divorce, the ex-wife did not declare any rights to the jointly acquired property for a long period of time and did not ask for a division of property, the court decided the following.

The possibility of protecting property rights from violations associated with deprivation of possession, including through recognition of this right, is limited by the general statute of limitations. The plaintiff asked M. Since that time, the defendant has not lived in the disputed apartment, her departure was voluntary, and she did not try to move into the apartment.

Requirements for recognition of M. Before the specified time, the defendant to M. In this situation, there are no grounds for concluding that M has ownership rights to a share in the specified residential premises.