Statement of claim for division of jointly acquired property of spouses (sample) 2023 - how to draw up a statement of claim to the court for division of property

16,182 views

The division of jointly acquired property of spouses is possible in two ways:

1. Voluntarily, by concluding a notarial agreement;
2. Based on a court decision after filing a corresponding claim with the court.

Either spouse has the right to file a claim, and the claim itself can be filed both after a divorce and at any time during the spouses’ cohabitation.

A claim for division of common property can be simultaneously combined with claims for divorce. In this case, the application will indicate several demands at once, which will be considered by the court simultaneously. Lawyers do not advise doing this, since divorce through the court is a fairly quick procedure, but the division of property can drag on for months.

Is it possible to file an application for division of property before a divorce?

The law expressly provides for the possibility of spouses to declare the division of property both during a divorce and after it.

Moreover, in the presence of a number of circumstances (for example, when creditors have claims against one of the spouses), the division of property can be carried out during marriage.

The procedure for dividing property before a divorce is similar to the procedure for dividing it both during the dissolution of a marriage and after it.

When is a claim filed?

The law does not provide clear deadlines for filing a claim for division of property.
Spouses may demand division:

• Before the divorce;
• During a divorce;
• After divorce within the limitation period.

The limitation period for this category of cases is 3 years, common for all civil legal relations, but it will not be counted from the date of divorce, as many lawyers are often mistaken, but from the date when the second spouse learned of the violation of his rights.

Example: If one of the spouses took measures for the voluntary division of property by contacting the former marriage partner and sending him a proposal for division, then the date of refusal to divide will be the beginning of the limitation period.

How to file a claim in court for the division of property during a divorce?

Filing a claim for division of property is carried out in one of three ways:

1. By personal delivery of the claim and the entire package of documents to the court and its subsequent transfer to the court reception.
2. By sending a package of documents by registered mail via Russian Post or other courier organization.
3. By submitting documents through State Services, using the ESIA system by persons who have an electronic digital signature.

The most convenient way is to send documents by post. At a personal reception, you can often encounter abuses by court employees, and the electronic format of going to court has a number of legal and organizational shortcomings, and is not particularly widespread among citizens.

Where to submit?

The claim for divorce is filed at the location of the defendant, unless real estate appears in the division of property.

• If the object of the dispute is real estate, the claim is filed at the location of this property.
• In the event that there are several real estate objects declared for division and they are all located in different cities, the claim is filed at the location of the majority (by value) of the real estate.

Which court?

Both magistrates and district courts deal with cases of division of joint property between spouses.

Where to file a claim for division of property?

To the world court	The cost of the claim does not exceed 50 thousand rubles based on the share for each spouse;
To the district court	The amount of property divided by the spouses exceeds 50 thousand rubles based on the share of each The claim for the division of property in an amount of less than 50 thousand rubles is accompanied by a requirement to determine the procedure for raising children or something else within the jurisdiction of the district court

If the division of common property is combined with a claim within the jurisdiction of the magistrate - for example, for divorce, then the claim in any case will need to be filed in the district court.

Exactly the same rule will be applied if, based on the amount of divisible property (less than 50 thousand), the claim must be filed with a magistrate, but the spouses simultaneously, during a divorce and division of property, resolve a dispute about children within the jurisdiction of the district court.

The statement of claim with all attached documents can be submitted either in person, arriving at an appointment in court, or by sending a package of documents by registered mail.

To exclude the influence of the human factor - not always motivated wishes to finalize the claim from court employees - it is recommended to send a package of documents by mail, having consulted in advance with a lawyer about its compliance with the requirements of the law.

Submission order (step-by-step algorithm)

Filing a claim is a complex of legally significant actions of a certain sequence.

• Drawing up a statement of claim for division of property;
• Collection and preparation of documents;
• Determination of the cost of the claim and payment of the state duty;
• Formation of a package of documents;
• Submitting documents to court;
• Elimination of deficiencies (if required)

The result of competently drawing up an application and collecting all the necessary documents will be the acceptance of the claim by the court. If there are any deficiencies, the statement of claim will have to be adjusted and submitted again.

Procedure

Compliance with the requirements of Art. Art. 131-132 of the Code of Civil Procedure of the Russian Federation - the main task when preparing and filing a claim for the division of property of spouses.

• Drawing up a claim and collecting documents. Since there are no legal requirements for the content of a claim for division of property, one must be guided by the general rules in Art. 131-132 Code of Civil Procedure of the Russian Federation. Particular attention must be paid to evidence - if any fact or document is mentioned in the claim, it must be attached to the application.
• Determining the cost of the claim and calculating the state duty. When determining the price of the claim, it is important to remember that it will be the value of the share of property claimed by the plaintiff, but not the value of the entire property as a whole. The state duty is calculated according to the rules established by Part 1 of Art. 333.19 of the Tax Code of the Russian Federation for property claims. Read more about the procedure for calculating it in the article “State duty for the division of property”
• Formation of a package of documents. Be sure to check out the apps! It is best to submit two complete sets of documents to the court: the original and copies for the defendant. According to the law, the defendant is sent those documents that he does not have, but the court should not be provoked into subjective judgments and enforcement. Just include another packet of copies.
• Filing a claim. Send the claim by mail with mandatory receipt of receipt. If you made any mistakes or shortcomings, you will receive an appropriate court ruling indicating all the shortcomings in a list. When submitting your deficiencies in person, you will be pointed out verbally and not always to the point.
• Correction of deficiencies. If mistakes or shortcomings are made and you receive a ruling to leave without moving, try to eliminate everything within the period specified by the court. If the determination was received a couple of days before the expiration, submit a request to extend the period, citing the date of actual receipt of the document.

A fairly simple procedure for filing a claim for division of property in court can result in a lot of problems if the requirements of the law are not observed and there is a generally permissive attitude towards the process of dividing property. Consult with lawyers in advance and reduce the risk of your claim being rejected.

IMPORTANT: A well-drafted claim is almost half the victory in court. Keep this in mind when drafting your own document!

How to correctly draw up a statement of claim to the court for the division of property

The requirements for the form of the statement of claim, as well as the list of documents attached to the claim, are prescribed in Articles 131-312 of the Code of Civil Procedure of the Russian Federation.

A typical claim for the division of marital property acquired during marriage must contain:

1. The name of the court in which the claim is filed and its address.
2. Names of the parties to the case and their other details: full name, registration and residence addresses, telephone numbers, email.
3. Information about the representative (if any).
4. The price of the claim and the amount of state duty (according to established practice, it is indicated after the list of parties on the right).
5. The circumstances of the dispute that served as prerequisites for the claim: the date of marriage, the period of marriage of the spouses, the composition of the acquired property;
6. Arguments and evidence confirming the legal status of joint property (including reference to legislation, practice);
7. Reasoned arguments for the proposed property division scheme (for example, why the car should be transferred to the husband, and the non-residential premises should be left to the wife);
8. Requirements for division, listed item by item, indicating the value of the property;
9. Request for seizure of property, if it is not stated in a separate petition;
10. Date, signature, list of attached documents.

In the claim, you can also write a petition for an independent assessment or a construction and technical examination for, for example, the actual division of a residential building with the determination of possible redevelopment configurations. But there is no need for this, since the list of questions for the expert will in any case be clarified at the court hearing and formalized by the court’s ruling ordering the examination.

Failure to comply with the requirements listed above will result in the claim being abandoned and further returned if all the court’s comments are not eliminated within the period set by the judge. That is why it is better to seek help from an experienced lawyer on the issue of drawing up a claim or get a free consultation from the lawyers on our website.

Documents for the claim

1. A copy of the applicant's passport;
2. Marriage certificate (copy) or divorce certificate (also copy);
3. Property documents (certificates of ownership; vehicle registration certificates; purchase receipts, etc.

   );

4. Receipt for payment of state duty;
5. A copy of the power of attorney (if a representative will participate in the case);
6. Petition to seize property (if any);
7. Other evidence: income certificates; certificates of place of residence, etc.

The list (inventory) of jointly acquired property may be included in a separate annex to the claim if the list is too large. In addition, the list of joint property can be signed by both spouses, thereby confirming the exhaustive list of property subject to division and their agreement with its legal status.

Sample claim for division of common property 2023

• Below is an example of a claim for the division of joint property of spouses.

Please note that this document is for informational purposes only, the property in it is indicated as an example, while in real cases everything is much more confusing and complex. To competently draw up a claim (especially if there is a large amount of property and disputes over its status and division order), it is best to seek help from an experienced lawyer.

You can download a sample claim for editing using the link below.

Download a sample claim for division of marital property

State duty. Price

The state fee for a claim for division of property is paid in the amounts specified in Art. 333.19 of the Tax Code of the Russian Federation for property claims. That is, based on the value of the property to be divided.

In this case, you need to remember some features of paying the duty:

• The price of the claim, on the basis of which the plaintiff will calculate the state duty, includes only the value of his share in the property. If the object of the dispute is an apartment worth 2 million rubles, then the plaintiff must pay a fee calculated based on the claim price of 1 million rubles - i.e. 50% of the full price of the apartment due to the spouse;
• The defendant also pays a state fee, but based on the results of the consideration of the case and taking into account the value of the property awarded to him;
• If the value of the claim changes during the consideration of the case (including due to a revaluation of the value of the divisible property), the duty is also subject to recalculation. The missing part is paid in addition based on the results of the consideration of the case, and the overpaid part is subject to return.

Thus, when filing a claim, the plaintiff only needs to pay a fee, calculated based on the value of the share in the property required by him.

Limitation of actions

According to the general rule provided for by the Civil Code of the Russian Federation, the statute of limitations is three years from the moment when the party to the dispute learned or should have learned about the violation of its rights.

This rule is written down in Part 1 of Article 200 of the Civil Code of the Russian Federation. The starting point for the three-year period in cases of division of property is considered to be the moment of termination of marriage:

• the date of entry into force of the court decision on divorce;
• the date of entry by the civil registry office in case of extrajudicial divorce.

Statement of claim for division of jointly acquired property

Statement of claim for division of jointly acquired propertyAverage rating 5 from 1 users

Divorce and the subsequent determination of ownership of property is a serious and time-consuming procedure.

For the division of jointly acquired property of spouses in 2023, interested parties can resort to a peaceful mutual settlement by drawing up an agreement. If disputes arise during the process, the husband or wife has the right to file a claim for division in court.

To compile and submit it, you should use the articles of the Code of Civil Procedure of the Russian Federation, the Civil Code of the Russian Federation, the Tax Code of the Russian Federation and the IC of the Russian Federation. In some cases, parties will need to pay attention to a number of federal laws and regulations.

General provisions for the division of property between spouses

The RF IC establishes that all property acquired by spouses during the existence of an official marriage is their joint property. This may include the following objects:

• real estate (houses, apartments, garages, etc.);
• movable property, including cash savings and securities;
• deposits in financial and credit institutions;
• all types of income, with the exception of targeted payments and royalties from intellectual activity;
• shares in the business.

The spouses' shares in the common property are divided equally. A departure from this principle is possible only if there are minor children, if they have to share the apartment in which they will live (Article 39 of the RF IC).

For the law, it does not matter which spouse contributed and how much money to the common family budget. Even if the spouse has been involved in housekeeping throughout her entire family life, she has equal rights in the division of common property.

Unless otherwise provided by the marriage contract.

Should property acquired in a civil marriage be divided? Property that belongs only to one of the spouses is not subject to division because:

• he acquired it before the official marriage;
• property rights arose as a result of a gift or inheritance agreement. Even if this happened during the existence of an official marriage.

The following are not subject to division between spouses:

• items purchased for personal use, with the exception of luxury items, furs and jewelry;
• property owned by the children of the couple.

Spouses have the right to divide common property in 2023:

1. On a contractual basis using a separation agreement or prenuptial agreement.
2. Judicially.

The second option, as the practice of dividing property shows, is resorted to much more often.

How to draw up a statement of claim for division of property

To correctly draw up a statement of claim in court, it is advisable to contact a professional lawyer. If this is not possible, then you should first familiarize yourself with Article 132 of the Code of Civil Procedure of the Russian Federation.

When drawing up a claim for division, you should adhere to the requirements of office work as much as possible. Those. Gross errors, profanity and colloquial expressions are not allowed in the text.

The form and content must fully comply with the rules of civil law.

Sample statement of claim for division of property

A claim drawn up according to the rules must contain the following information:

• in the header of the document you should enter its name and information about the addressee (name of the court and its location);
• basic passport data of the plaintiff, defendant and applicant, if such is an authorized representative (full name, residential address, series and number of general civil passports);
• the cost of the claim for division (this is the sum of the values ​​of all property objects that will be subject to division);
• the main essence of the complaints. Here, first of all, you should indicate information about the concluded and/or divorced marriage (date, place), as well as the fact of the presence of minor children. Then the plaintiff states what he sees as an infringement of his rights, and indicates in detail all the property that is supposed to be divided. If an apartment is divided, then its address, floor, number of rooms, cost. If the spouses’ common property has title documents, then information about them must also be provided. This section also sets out the plaintiff's basic claims. For their validity, it is necessary to provide references to legal acts;
• a list of all necessary documents that must be attached to the claim for division of property;
• date of compilation and signature of the applicant with transcript.

The hearing on the division of marital property and the procedure for dissolution of marriage with the establishment of guardianship of children can be carried out simultaneously.

Documents attached to the claim

No lawsuit is accepted by the court for consideration unless a certain package of documents is attached to it. The application for division is submitted together with the following documents (copies are required):

• civil passports of both parties to the process. If children are involved in the division of jointly acquired property, then depending on their age, either their passports or birth certificates are needed;
• certificate of registration (or divorce) of marriage between the plaintiff and the defendant;
• documents that certify ownership. This could be an agreement of gift, inheritance, purchase and sale, extract from the Unified State Register, etc.;
• documents confirming the legality of the plaintiff’s claims (sales and cash receipts, bank statements, etc.);
• when dividing real estate, its technical passports will be required;
• certificate from the passport office about family composition;
• payment document confirming payment of the state fee for filing a claim.

Depending on the situation, the plaintiff himself can decide what other documents are needed and attach them to the claim. This may be a conclusion from an appraiser from an SRO on the value of the property that is subject to division, a certificate of income, etc.

State duty

There is no single amount of state duty for an application to the court. The plaintiff must carry out its calculation independently, relying on Art. 333.19 Tax Code of the Russian Federation. The starting point for calculations is the claim price. The established minimum for the state duty cannot be less than 400 rubles, and the maximum is 60 thousand rubles.

Statement of claim for division of property between cohabitants

Currently, the situation has become widespread when a man and a woman live together, run a common household and even have children together, but do not register their relationship with the registry office.

In this case, the conditions of family law do not apply to couples. Those. the property acquired by them during the period of cohabitation will not be considered joint property.

This means that it will not be possible to divide it into equal shares.

Sample statement of claim for division of property between cohabitants.

But this does not mean that the property relations of such couples are not regulated in any way. It’s just that to resolve the issue, it is necessary to turn not to family law, but to civil law.

A claim for division should be filed only if there is a good evidence base that can confirm that money from both parties was invested in the purchase of things.

Plus, testimony is desirable that the couple ran a joint household.

As evidence, documents of title to the property, all kinds of payment documents, statements of the movement of funds in bank accounts, receipts for payment of housing and communal services (if the apartment is registered in the name of one person, and another paid for it) are accepted.

Statement of claim for division of property after divorce

Not all spouses are able to simultaneously withstand both the dissolution of the marriage and the division of jointly acquired property in 2023. Sometimes this procedure is postponed until a later date after the divorce. The legislation does not object to such actions.

Family law does not define limitation periods for this type of case. Therefore, it is worth focusing on the Civil Code of the Russian Federation. Art. 196 determines the general period for civil cases - 3 years. The countdown is not from the date of divorce, as some believe, but from the moment when the plaintiff learned of the violation of his property rights.

However, as experts advise, it is not worth significantly delaying the filing of a claim for the division of spouses’ property. Because over time, the property itself deteriorates, which means that if monetary compensation is due for it, then in a few years it will be several times less. Plus, evidence is lost. Therefore, the sooner the spouses begin dividing their jointly acquired property, the better.

Filing an application to court

The statement of claim must be filed with the court at the place of residence of the defendant. If for some reason this is not possible, then you need to choose an authority at the location of the main property that needs to be divided. If the value of the claim is less than 50 thousand rubles, then you should go to the magistrate’s court, and if more, then to the city or district court.

Both the applicant himself and his legal representative have the right to file a claim. In this case, you need to issue a power of attorney from a notary.

The claim may be sent by registered mail with acknowledgment of receipt or taken to the court office in person. The second option is preferable.

Acceptance and consideration of the application

The judge is obliged to make a decision within 5 working days after filing the application for division:

1. Take for consideration in court.
2. Refuse to consider the case.
3. Return the application to the plaintiff.

If the claim is accepted for consideration, the parties are notified of the time of the hearing. During the process of dividing common property in 2023, the judge will listen to statements from the parties, study documents and interview witnesses. The parties will then be asked to carry out the division through a peace agreement.

If the settlement is not acceptable, a judge will make a decision regarding ownership of the property. You can challenge it within 30 days. After this period, the decision comes into force.

Petition to appoint an expert assessment of the value of property

If during the hearing it is necessary to establish the real value of the divided property, then either party has the right to file a petition for an appraisal examination.

The document should indicate the reason why the need for an examination arose, provide a list of property objects that should be assessed, and present the selected appraiser.

This specialist must be a member of the SRO and have valid insurance for his activities.

On our website you can familiarize yourself with and download a sample application for an independent examination for the purpose of assessing property.

Property claims after divorce

Either spouse has the right to file a claim for division of property both during the existence of the marriage and after its dissolution. The essence of the claims can be completely different.

For example, during a divorce, spouses agreed on joint use of property, and after a certain period of time one of them learned that the property had been rented or sold. In this case, the injured party has the right to demand monetary compensation.

Or one of the parties learned about the second spouse’s intention to carry out a transaction to alienate common property. In this case, they file a claim for division of property in 2023 and seizure of the disputed property.

And, of course, at any time the spouses have the right to simply divide the common property, if the division was not previously officially made. Just remember about the statute of limitations.

After divorce, spouses have the right to resolve property disputes in two ways:

1. By drawing up a separation agreement.
2. Through litigation.

Arbitrage practice

Almost half of marriages in Russia break up. Most divorces involve division of property. Therefore, judicial practice on such cases is extensive.

If we analyze court decisions, we can come to the conclusion that more than 90% of cases end in the division of property between spouses in equal shares. Judges rarely deviate from this principle.

Only when dividing real estate with minor children in the family.

A claim for the division of jointly acquired property in 2023 can be filed by either spouse. Moreover, he has the right to do this both during the existence of the marriage and after the divorce.

Statement of claim for division of marital property

Previously, by a decision of the magistrate, the marriage between the spouses was dissolved.

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

At the same time, the plaintiff indicates in the claim that since the value of the share of property transferred to the defendant exceeds the value of the share transferred to the plaintiff, monetary compensation must be recovered from the defendant in favor of the plaintiff.

How to calculate the state duty for a claim for the division of common property of spouses? See the article “State duty to court for a claim for division of property of spouses” about this.

All samples of claims for divorce with demands to determine the child’s place of residence, alimony, etc. see section:

Statements of claim for divorce, division of property, collection of alimony, determination of the child’s place of residence

For commentary on this topic, see the following articles:

To the magistrate of precinct No.... KAO Omsk

Plaintiff: N.A.,
registered: Omsk, st.
..., d..., sq. ... actually lives:

Omsk, st. ... - ...., sq. ….

Defendant: E.V.,
registered: Omsk, st. ..., ..., sq...

claim price: 1,115,500

Statement of claim
for division of jointly acquired property of spouses

... March 1997 between N.A. and E.V. the marriage took place. By the decision of the magistrate of court district No. ... KAO of Omsk on March 19, 2007, the marriage was dissolved. In fact, marital relations (cohabitation, running a common household) ceased from the beginning of February 2007. From this date, the plaintiff lives at the address: Omsk, st. ..., sq...

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

Refrigerator “Minsk”, two-chamber, white, costing 15,000 rubles;
4. Automatic washing machine “LG”, white, costing 12,000 rubles;
5.

Microwave oven “Samsung”, white body, costing 2,500 rubles;
6. Panasonic TV, black case, worth 3,000 rubles;

7. DVD player “BBK”, silver case, costing 3,000 rubles.

At the moment, a dispute has arisen between the Plaintiff and the Defendant regarding the division of the above jointly acquired property. An agreement on the voluntary division of property has not been reached. There was no prenuptial agreement.

In accordance with Art. 38 of the RF IC, in the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court.

When dividing common property, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses.

If one of the spouses is transferred property the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.

Clause 1 of Art. 39 of the Family Code of the Russian Federation establishes that when dividing the common property of spouses and determining the shares in this property, the shares of the spouses are recognized as equal. At the same time, by virtue of clause 2 of Art. 39 of the RF IC, the court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses.

According to paragraphs. 9 of Article 91 of the Code of Civil Procedure of the Russian Federation, “for claims for ownership of a real estate object owned by a citizen, based on the value of the object, but not lower than its inventory valuation or, in the absence of it, not lower than the value of the object under the insurance contract.”

However, all title documents (including a technical passport) for the apartment (as well as for the rest of the jointly acquired property) are held by the defendant, who creates obstacles to the right to use the disputed apartment. In fact, the plaintiff does not have the opportunity to carry out a market valuation of the disputed apartment, since for this it is necessary to provide access to the appraiser’s apartment, which is impossible for the above reason.

According to Part 2 of Art. 91 of the Code of Civil Procedure of the Russian Federation, “the price of the claim is indicated by the plaintiff. In the event of a clear discrepancy between the indicated price and the actual value of the claimed property, the price of the claim is determined by the judge when accepting the statement of claim.”

According to Article 333.20 of the Tax Code of the Russian Federation, “if it is difficult to determine the price of the claim at the time of its presentation, the amount of the state duty is preliminarily established by the judge, followed by additional payment of the missing amount of the state duty based on the price of the claim, determined by the court when resolving the case, within the period established by subparagraph 2 of paragraph 1 of the article 333.18 of this Code."

Thus, the price of the claim was determined by the plaintiff independently.

In addition, neither Article 91 of the Code of Civil Procedure of the Russian Federation nor other norms of legislation provide for the plaintiff’s obligation to conduct a pre-trial market valuation of property.

In accordance with the above and on the basis of Art. Art. 38, 39 of the Family Code of the Russian Federation, Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation,

I ASK THE COURT:

Recognize my ownership of the following property:

1. Refrigerator “Minsk”, two-chamber, white, costing 15,000 rubles;
2. Automatic washing machine “LG”, white, costing 12,000 rubles;
3. Microwave oven “Samsung”, white body, costing 2,500 rubles;
4. Panasonic TV, black case, worth 3,000 rubles;

5. DVD player “BBK”, silver case, costing 3,000 rubles.

Recognize the defendant E.V. ownership of ½ share in the right to an apartment at the address: Omsk, st. ..., d. ..., sq. ...., worth 1,000,000 rubles;

Recognize the ownership of the “AUDI” car, ... year of manufacture, worth 80,000 rubles for the defendant E.V.

2. Since the value of the share of property transferred to the Defendant exceeds the value of the share transferred to the Plaintiff, recover in favor of N.A. compensation from the defendant E.V. in the amount of 22,250 rubles (calculation attached).

2. Collect from E.V. legal expenses incurred by the plaintiff in connection with the consideration of the case.

Application:

1. A copy of the statement of claim for the Defendant;
2. Receipt for payment of state duty;
3. A copy of the divorce certificate;
4. Copy of personal account;
5.

A copy of an extract from the Unified State Register of Rights to Real Estate and Transactions with it on rights to residential premises at the address: Omsk, st.
..., d. ..., apt. ...; 6. Petition to obtain evidence;
7. Application for deferment of payment of state duty;
8.

Petition to seize property;
9. Request to notify the plaintiff at a different address;
10. A copy of the power of attorney to represent the interests of the plaintiff.

• 11. Calculation for the statement of claim
• The originals of these documents will be presented at the court hearing.

“__”________ ____ signature ________ / Representative by power of attorney ... /

See other documents related to this case:

All documents to the court (procedural documents):

Statements of claim to court;
Applications to court (public legal relations, special proceedings...

);
Petitions to court, statements;
Objections (response) to the statement of claim, complaint, arguments to the court;
Complaints to the court (appeal, cassation, supervisory, private);
Complaints against a decision in a case of an administrative offense;
Complaints to the prosecutor's office and other authorities;
Complaints, statements, petitions in criminal proceedings;
Other procedural documents;
Pre-trial claims (samples), demands, responses to claims.

Statement of claim for division of property

Updated 07/03/2022

2015-08-18T10:26:41+03:00

Marital property can be divided either during marriage or after divorce. The optimal solution is the division of property by agreement between the spouses.

For greater confidence, it can be notarized. If there are any controversial issues, the property will be divided in court. According to the norm of paragraph 1 of Art.

38 of the Family Code of the Russian Federation, any of the spouses has the right to submit a corresponding demand.

The most appropriate and less expensive option would be to divide the property without the participation of a third party. For this purpose, a settlement agreement is concluded between the spouses, which distributes all the necessary rights of one or another spouse to jointly acquired property.

Important

You can download a sample settlement agreement form here

Regarding the design of this document, it is worth stopping a little and telling in more detail. A settlement agreement on the division of jointly acquired property must contain the following conditions:

1. Personal data of former spouses. They are only interested in your full name, date of birth and passport details. If desired, you can also enter your residence address.
2. The document must identify all jointly acquired property and determine its value based on the time it was acquired and its condition at the time the settlement agreement was drawn up. Sometimes, for assessment, they resort to the help of specialized firms, which allow an independent assessment to issue an opinion on the market value of the property.
3. Indicate the distribution of rights or shares of property of the spouses in the above-mentioned property.

The law does not regulate the form and nature of the sequence of filling out a settlement agreement; in addition, it is not obligatory to contact a notary in order to certify the signature.

Sometimes it happens that it is simply impossible to indicate all jointly acquired property on one sheet.

In this case, it is legally permitted to draw up a settlement agreement in any version, assigning one property at a time to a separate sheet of the document.

In addition, the notary, as a specialist, will help draw up a settlement agreement in the most competent way, so that it cannot subsequently be canceled and the information contained in it cannot be revised.

When contacting the notary authorities, to certify the signature on a document, you will need to provide the following package of documents:

• Identification documents of both parties.
• Certificate of marriage or divorce.
• All documentation for existing jointly owned property.

After drawing up and indicating all the formalities, the settlement agreement is signed by both parties and the notary signs that the parties have come to an agreement and voluntarily agreed to all the conditions specified in the document.

It is worth considering that for claims relating to the division of marital property, the limitation period in family law is determined within a three-year limitation period (Part 7 of Article 38 of the RF IC).

The limitation period for the division of property of spouses is calculated not from the moment of termination of the marriage bond, but from the day on which the plaintiff learned (should have known) that his rights were violated.

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

The division of property in court is carried out at the request of the spouses. In this case, the court determines the list of things that are subject to transfer to each of them. It is very important to know that not all property of the spouses is divided between them.

Free legal consultation

We will answer your question in 5 minutes!

Thus, property owned by a person before the marriage continues to be his personal property. Things given to a spouse or acquired by him under another gratuitous transaction are also considered his sole property (Part 1 of Article 36 of the RF IC).

Children's things (toys, shoes, clothes, books, etc.) are not separated. They are transferred to the spouse with whom the children live. Deposits registered in the name of a child are considered his property (Part 5 of Article 38 of the RF IC).

However, it is possible to list the main ones. They are usually presented when property is divided in court. These include:

• a certificate confirming the conclusion of the marriage union (if the marriage is not dissolved);
• certificate of termination of marriage (if available);
• documents confirming the right of ownership of the disputed items;
• a copy of the court decision according to which the marriage was terminated (if it was made);
• documents that confirm the cost of things (if available).

According to the wording of Art. 131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation), in the text of the statement of claim, when a court is initiated for the division of property, the following is indicated:

• the name of the judicial department to which the documents are submitted;
• individual data of the plaintiff (full name, place of residence);
• similar information on the plaintiff’s representative (if any);
• individual details of the defendant (full name, place of residence);
• circumstances of the case, evidence that confirms them;
• request to carry out the division of property in court;
• the cost of the claim (calculated according to the value of the property);
• list of attached documents.

It is better to list in the statement of claim for division of property all the items that are in dispute. Here you can indicate the price of each item. The demands should formulate what property the plaintiff is asking to give to him and what to the defendant. It is also important to indicate why such a division would be fair.

Download a sample statement of claim for division of marital property

In the statement of claim, you can indicate both a requirement for the division of property and for determining the share of each spouse in the common property. The amount of state duty will be different in each case.

The requirement for division of property is of a proprietary nature, therefore it is subject to assessment and falls under paragraphs. 1 clause 1 art. 333.19 of the Tax Code of the Russian Federation and depends on the value of the claim. Typically, the cost of the claim is half the value of the property in dispute.

The state duty for the division of property during a divorce is calculated as follows, depending on the cost of the claim:

• up to 20,000 rubles—4% of the claim price, but not less than 400 rubles;
• 20,001 - 100,000 rubles - 800 rubles + 3% of the amount exceeding 20,000 rubles;
• 100,001 - 200,000 rubles - 3,200 rubles + 2% of the amount exceeding 100,000 rubles;
• 200,001 - 1,000,000 rubles - 5,200 rubles + 1% of the amount exceeding 200,000 rubles;
• over 1,000,000 rubles—13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;

Free legal consultation

We will answer your question in 5 minutes!

Free legal consultation

We will answer your question in 5 minutes!

Thus, the maximum amount is 60 thousand rubles, the minimum is 400 rubles.

If the demand for division is submitted together with the application for divorce, then the state fee for the division of property is paid separately. This is reflected in paragraphs. 12 clause 1 art. 333.20 of the Tax Code of the Russian Federation.

The plaintiff independently determines the price of the claim and the amount of the state duty. If the court subsequently sees a discrepancy with the real value of the property, it will re-determine the price of the claim.

You can apply for a deferment or installment payment of the state duty, or for its reduction. To do this, it is necessary to provide the court with documents giving the right to such a deferment (certificates of income, large expenses, presence of dependents, etc.)

However, the law provides that spouses can first go to court with a demand to determine each person’s share in joint property, and then divide the property. In this case, the state duty is calculated as when filing a property claim that is not subject to assessment or a claim of a non-property nature and amounts to 300 rubles.

The division of property in court with a claim value of up to 50 thousand rubles is carried out by a magistrate. If the claim is assessed in excess of the specified amount, then the dispute should be considered by the district court.

The claim should be submitted to the judicial department serving the defendant’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation). When dividing real estate, a claim is filed at its location (Part 1, Article 30 of the Code of Civil Procedure of the Russian Federation). When the division is carried out in relation to several immovable properties that are territorially related to different courts, the plaintiff has the right to choose any court for the division of property from this list.

When the division of property in court is made, the decision made is enshrined in a court ruling. After it comes into force, the property of the spouses is considered separated. A court decision serves as the basis for registration procedures if required by law.

Jurisdiction of a claim for divorce excludes the division of property

Friends, you can use the information posted on the blog in the public domain to resolve your issues. But I highly recommend that you not steal articles that I personally write and publish here. Respect my work.

By theft, I mean posting my articles on third-party resources without my permission and without direct links to my blog. Otherwise, I wish you good luck in solving your legal problems.

I am sure that if you carefully read my recommendations and ask the right questions in the comments, you will succeed.

When the period allotted to a person is less than 3 years, it is impossible to use the simplified procedure for divorce in the registry office. When accepting this type of claim, they are based on the citizen’s last place of residence before conviction. Sorry Ms. Luchinina.

Please refer to the norm. For example, I know the norm of the RF IC, which imperatively regulates the period for a child to reach the age within a year after the birth of the child (Article 17 of the RF IC). The current legislation is not talking about any three years.

Statement of claim for division of joint property of spouses

In the example given, we are also talking about things that represent ordinary household items (kitchen set, upholstered furniture). The courts leave such things along with the housing, therefore, when formulating a demand for the transfer of an apartment, feel free to demand the transfer of related property.

They can. Or they may leave your claim pending, giving you time to pay the state fee... If you don’t pay by the specified date, you yourself understand what the consequences are. Regarding the petition (difficult financial situation, etc.), I am plagued by doubts... Not all movable and immovable property of a former married couple is considered jointly acquired, and accordingly cannot be subject to division.

Jurisdiction of divorce cases

A statement of claim for divorce and division of marital property is an extreme way to part with a once loved one. The division of property is always a painful process, since no one wants to part with things and property voluntarily. Therefore, this painful process requires the participation of a third party, in our case this is the court.

If it is located in different areas, the person filing the claim chooses the institution to apply to independently. Controversial issues regarding the division of common property are discussed in Article 38 of the Family Code. In addition, there are a lot of other substantive and procedural standards that can help resolve difficult issues.

To preserve the disputed property, the plaintiff, together with filing a statement of claim, must outline his demands for seizure and exclusion of the possibility of any actions with the disputed objects of movable and immovable assets.

The rule is the same for all couples, regardless of how they live (together or separately), regardless of the consent or disagreement of one of the spouses to divorce.

An important point is the preparation of a set of documents for the court and the parties to the lawsuit.

All documents specified in the appendix to the statement of claim must be available when considering the case on the merits; therefore, one set of them must remain with the plaintiff.

Jurisdiction for division of jointly acquired property

An exception would be a case related to Articles 114, 115 of the Code of Civil Procedure, then higher courts can deal with divorce, but such cases are extremely rare.

At the same time, when a divorce case is resolved in a court of a lower level, all interested parties can participate in the process.
Olya, here we need evidence confirming our difficult financial situation.

Otherwise, they will leave it without movement, to begin with, and then return it after the deadline has expired to eliminate the shortcomings.

If the defendant does not agree with the plaintiff’s arguments regarding the price of the claim (the value of the property), then the court will attempt to bring the opposing parties to a settlement agreement.

In such cases, the plaintiff has additional opportunities to choose from two or more courts, the court to which it is most convenient for the plaintiff to apply.

Thus, a statement of claim, which contains a demand for the collection of alimony and the establishment of paternity, can also be submitted by the plaintiff to the court at the place of his residence.

When considering cases of divorce, the courts have questions related to the application of the norms of the Family Code of the Russian Federation governing the termination of a marriage, its invalidation, as well as the property relations of spouses (former spouses).

As a result, the parties entered into a settlement agreement on the division of their property - the wife bought the house, and the land plot was divided into shares.

Divorce and the issuance of a divorce certificate are carried out by the civil registry office after a month has passed from the date of filing the application for divorce.

Jurisdiction of cases on the division of jointly acquired property of spouses

My wife did not work during our marriage; I brought all the money home. The amount of 2,700,000 rubles was transferred by me to my wife in parts, which she credited to a savings book, the exact details of which I do not remember. The last time I saw the passbook was at the end of 2008, and there was a record in it of the presence of the specified amount.

A marriage dissolved by the civil registry office is terminated from the date of state registration of the divorce in the civil registry book.
The issue of division of jointly acquired property can be resolved either voluntarily, by concluding a settlement agreement, or by filing a statement of claim in court.

The procedure for drawing up claims for the division of movable and immovable property is not a complicated process.

The price of the claim for divorce is carefully studied by the magistrate; if the information is not true, the price of the claim may be changed. If the plaintiff has underestimated the price, the application will be returned with recommendations for filing with another authority.