How to file for division of property after divorce - procedure and procedure

There are certain rules based on which there is property that is subject to joint division, and there is personal property that remains with its owner.

If spouses want to divide everything according to the law, it would be best to divorce through the court with division of property.

Procedure

Divorce proceedings do not happen often in people's lives, so it is natural that many people do not know how to file a lawsuit and how to proceed correctly. It is important to carry out all actions consistently; this will help significantly save time and reduce the conflict situation.

The algorithm of actions will be as follows:

1. Determine the list of property that will be subject to division between the former spouses.
2. Pay the state fee for divorce proceedings in court.
3. Prepare all documents necessary for the trial.
4. File a claim.
5. File a claim with the court along with the necessary list of papers.
6. Take part in the court hearing.
7. Receive the court decision and, based on it, subsequently carry out the actual division of property.

If you act in this manner, the spouses will be able to quickly obtain a court decision regarding the future fate of their property.

List of property

When compiling a list of property that ex-spouses want to divide, it is important to know what is not subject to division.

The law establishes that in case of divorce the following are indivisible:

• property of each spouse that was acquired before marriage;
• everything that each of the former family members received as a gift;
• property that is official or municipal property;
• personal hygiene items;
• jewelry and luxury items used by one family member;
• property necessary for a person to carry out his professional activities;
• results of human intellectual activity;
• children's property;
• property determined by the terms of the marriage contract;
• property purchased with personal funds owned by the spouse before marriage;
• property purchased after divorce.

All other property that the couple acquired while in an official family relationship can be included in the list of property, which will be divided by a court decision.

This may include not only certain things, but also cash deposits, dividends, securities, etc.

Along with all property, the debt obligations of the spouses will also be divided in equal proportions, unless otherwise established by the marriage contract.

State duty

In order to prepare all the documents for the court, you need to know their complete list. First of all, you need to pay for court services.

This is a public service for which the applicant must pay a fee. The state fee for dividing property through the court will depend on the value of the claim.

If the court previously made a decision regarding this property, then the cost of re-examining the case will be 300 rubles.

The legislation establishes the following gradation for 2023:

• if the total cost of the entire list of property does not exceed 20 thousand rubles, then the duty will be 4%, but not less than 400 rubles;
• if the cost of the claim is not property within 100 thousand rubles, but you will need to pay 800 rubles plus 3% of the amount exceeding 20 thousand;
• if the value of the claim is within 200 thousand rubles, the cost of the fee will be 3200 rubles plus 2% of the amount exceeding 100 thousand;
• for a claim within 1 million rubles, you will need to pay a fee of 5,200 rubles and 1% of the amount over 200 thousand;
• if the claims exceed 1 million, the duty will be 13,200 rubles plus half a percent of the amount exceeding one million.

The maximum allowable fee cannot exceed 60 thousand rubles.

If spouses cannot agree on the approximate value of their property, they can make an independent appraisal.

It is impossible to answer exactly how much a property valuation costs, since different valuation companies have different prices for their services. Also, the cost will depend on the type and number of objects to be assessed.

After the state fee has been paid, you must keep the receipt confirming payment.

Required documents

Before filing a claim, it is important to know what documents are needed for a divorce through the court with division of property.

These include:

• a copy of the applicant's passport;
• notarized power of attorney, if the application is submitted not personally, but through a representative;
• a copy of the representative's passport;
• a documentary calculation of the cost of the claim with a complete list of property;
• several copies of the statement of claim per each participant in the trial;
• documentation confirming the date of acquisition of the property, its original cost and any other facts confirming the validity of the stated claims.

When collecting this package of documentation, the question may arise about how to correctly write an application to the court for the division of property. There are certain application requirements.

Lawsuit

A sample statement of claim can be found on the stand in the court branch itself. You can also get a blank form there. However, you can fill out the application at home.

The filling procedure will be as follows:

1. The header indicates the name of the court where the application is being filed.
2. Next, personal, passport, registration and contact information of the plaintiff and defendant are indicated.
3. Document's name.
4. After this, information about the marriage union and the period of its conclusion are listed.
5. The following are the demands made by the plaintiff.
6. After this, it is important to justify your claims and provide links to documentary evidence of these facts.
7. Below are links to articles of the law on the basis of which the plaintiff makes this claim.
8. List of attached documents.
9. Date and signature of the plaintiff.

The claim is submitted along with all the documents listed in it to the court office. After checking the entire package of documentation, the court sets a court date within 30 days from the date of acceptance of the papers.

It is important to know in which court the claim is being filed. The choice of court depends on the value of the claim. If its price is within 50 thousand, then you need to go to the magistrate’s court. In cases where the cost of the claim is higher, it must be filed in a district or city court.

Along with a demand for division of property, a demand for divorce and an award of alimony can be filed simultaneously.

You can submit a claim:

• during the period of marriage;
• simultaneously during the dissolution of the marriage;
• after divorce.

According to the law, a claim is filed according to the territorial location of the defendant’s address. But in certain situations, a claim can also be filed at the plaintiff’s place of residence.

Such circumstances include:

• presence of small children;
• for health;
• other significant reasons.

If the claim involves real estate, then the application is submitted at the location of one of these objects.

Settlement agreement

A settlement agreement on the division of marital property can be submitted to the court at any time before the court makes its decision. There are often cases when, during legal proceedings, the parties negotiated with each other and were able to reach an agreement.

In this case, a settlement agreement must be drawn up and submitted to the court for review.

The judge has the right to satisfy the terms of the settlement agreement if they do not infringe on the interests of one of the parties to the judicial debate.

The judge also has the right to make his decision, regardless of the settlement agreement provided. Participants in the meeting can challenge any court decision within 15 days from the date of the decision.

In order to resolve a controversial issue with the help of a settlement agreement, you need to follow the following algorithm:

1. Negotiate and come to a certain compromise. The agreement does not satisfy the plaintiff’s demands; it is a separate written document in which a specific agreement on the division of property is drawn up, taking into account the interests of each party.
2. Provide a written agreement to the court hearing. If the court discovers a violation of the law or the legitimate interests of third parties, it may demand that the agreement be re-signed taking into account the correction of these violations.
3. Drawing up an agreement in accordance with all norms and having it accepted by the court, or the court making its decision.

A settlement agreement can be concluded even after the court makes its decision. But in this case, it must be drawn up within 15 days and filed as an appeal to a higher court.

Trial

The plaintiff must collect the maximum amount of documentary evidence to support his claims.

In addition, it is important to know how to behave in court . You must not give in to emotions and start screaming, crying, using obscene words, or insulting the participants in the process.

For this, the court has the right to impose an administrative fine and remove from the courtroom.

If the plaintiff is not confident in his abilities and knowledge, it is better to turn to lawyers for help . Many lawyers provide a separate service for attending court hearings. This can be of significant help in winning in court.

If the defendant did not appear at the hearing, but was duly notified of the date and time of the trial, then the hearing will take place without his presence.

If it is determined that the defendant may not have received notice, the trial may be rescheduled and the plaintiff will be required to give due notice to the defendant.

If the defendant fails to appear and a decision is made without his presence, a copy of the decision is sent to his registered address. He can appeal this decision within 15 days.

Many citizens worry about how long the divorce trial lasts . The shortest period is set to 60 days. In this case, the decision will be made at the first meeting.

But it often happens that the parties delay the trial, since some controversial issues cannot be proven by either party.

On average, the trial can take from 3 to 9 months, taking into account the workload of the court and all possible reasons for postponing the consideration of the case.

From the moment the decision is made, it comes into force 30 days later, unless an appeal has been filed.

Division of property in court is a costly procedure . You need to spend a considerable amount of money on it to pay the state fee. In addition, the parties waste their time if they deal with this issue themselves.

Therefore, during a divorce, you should strive to divide property peacefully. This will significantly save money and nerves. However, if an agreement cannot be reached, then the only way out is to resolve the issue in court.

How to divide property after divorce

Marriage is forever. A happy family, a new unit of society. However, the reality is less optimistic: despite the downward trend in quantitative indicators of divorce, the divorce rate in Russia is quite high. Every year, more than half a million registered spouses find themselves on the verge of dissolution.

Divorce is a procedure that is characterized by increased conflict and emotionality. Rare couples manage to maintain friendly relations and approach the registration of a new status without unnecessary negativity and related problems.

The most difficult question that people face on the verge of divorce is related to the situation of the children - who will take on the main responsibility for raising the child, how the child will be supported.

Another question, a little less important, but just as pressing, is how to properly divide property after a divorce and not become a victim of the tyranny of your “other half.”

A small number of couples manage to carry out all the procedures accompanying the dissolution of a marriage simply and painlessly. Basically, the number of happy spouses includes those who managed to lower their emotional temperature and approach the process with a “cool head.”

There are two main ways to divide property during a divorce.

1. Independently - with the help of a peace agreement.
2. With the help of government agencies - through the courts.

The second method requires time, patience and money from the parties - in order to prevent violation of their rights, people resort to qualified legal support, collect the evidence necessary to support their position when the case is heard in court. In addition, this path involves going through many stages, submitting documents and other unpleasant actions.

Against this background, voluntary division of property during a divorce is the simplest and, in many cases, the cheapest way to resolve possible conflict situations.

The method presupposes the willingness of the spouses to peacefully and quickly resolve all problems related to the division of jointly acquired property. All that is needed to complete the process is to conclude an agreement.

However, to be on the safe side and have peace of mind in the future, it is better to visit an authorized person and formalize the agreement properly.

By the way, there is another category of families that have the right to count on a prompt and positive outcome of the case: this includes prudent couples who have drawn up a marriage contract in advance. A contract is a guarantee of taking into account and respecting the rights and interests of all parties to the relationship.

In addition to defining other rules for organizing important aspects of family life, an agreement of this type lists the property that is subject to distribution and states which of the spouses receives certain material assets. Drawing up a contract is simple and profitable.

This can be done both before the registration of marriage (it comes into force from the moment the stamp appears in the passport), and during the marriage or on the eve of divorce, in order to finally resolve the issue related to common property before directly entering into the divorce procedure.

The contract must be certified by a notary.

Since not all couples are able to divide property during a divorce without court, turning to an authorized authority is often the only way out of a family impasse.

How is the joint property of spouses determined and divided during a divorce?

Where constructive dialogue ends, litigation begins.

In order to initiate consideration of the case by a specialized government agency, one of the spouses, who disagrees with the division plan proposed by the other party, must file a statement of claim with the court demanding termination of joint property rights. You can go to court at any time - both during the divorce process or immediately after receiving a divorce certificate, and within 3 years after.

Spouses must understand that if a marriage agreement has not been drawn up, upon dissolution of the relationship, all property acquired during their marriage will be divided. With the exceptions provided by law.

The Family Code determines what property is subject to division during a divorce.

What is included in the list of joint property?

• Income of the parties received during the implementation of labor relations. By the way, this also includes income received from individual entrepreneurs, activities related to the field of intellectual law and other payments. Exceptions are funds for special purposes (financial assistance, disability payments, etc.).
• Property objects: apartments, cottages, cars and other vehicles, as well as other objects that were purchased with funds from the family budget.
• Shares in capital, shares, securities, or other significant investments issued during cohabitation.
• Other property of the spouses that was acquired during the marriage.

When determining the property mass to be divided, it is not taken into account in whose name the objects were acquired or registered, as well as who contributed the funds (through the court, you can try to defend your rights in relation to a particular object, but for this you will have to provide the court with evidence of special circumstances, which will allow the authority to make a positive decision).

PS Debts are also divided. Mortgages, car loans, consumer loans - without a special court decision, both parties will pay. The rules are the same as for property: distribution occurs in accordance with the shares that were determined by the court.

Thus, in the case of participation in the mortgage lending program and if both spouses wish to retain a part in the purchased apartment, the burden of debt obligations is distributed in accordance with the shares. If one of the parties refuses its part, it will not pay the loan.

But she will have the right to count on financial or other equivalent compensation.

What property is NOT included in the list of property subject to division?

• The one that was acquired before the official registration of the relationship.
• Property acquired by a spouse during a marriage under a gratuitous transaction - for example, as a result of a gift or inheritance.
• Items intended for personal use (luxury items not included).
• Property necessary for one of the spouses to carry out work activities.
• Items that cannot be divided without changing functionality and economic purpose (for example, a car)
• Rights to intellectual property.
• Items purchased for dependent children.

It is obvious that the objects whose ownership was determined in the marriage contract are also outside the scope of the parties’ claims.

However, exceptions are possible in every situation. By going to court and having the qualified support of a good lawyer, you can achieve recognition of your special role in the acquisition of a particular item and assert your rights. If there are justified exceptional circumstances, the court will take the position of the plaintiff.

How is the jointly acquired indivisible property of the spouses divided during a divorce?

For example, it is impossible to divide a car into parts in accordance with the shares provided by law - it will lose its economic purpose.

Typically, in such situations, the vehicle remains with one of the parties, while the second spouse is awarded material compensation expressed in cash (50% of the cost).

Even if the vehicle was purchased on credit and the loan is not repaid, compensation is assigned based on the amount that has already been paid.

Law on division of property during divorce: principle of equality

If we look at the problem in general, the property will be divided without regard to whose name is on the contract or who contributed the bulk of the funds. The spouses' shares are considered equal. Even if the income of one of them significantly exceeded the fees of the other, when determining the order of division, at whose expense certain material objects were acquired is not taken into account.

This approach is defined as the principle of equality. Its task is to protect the rights of the parties who during the marriage did not receive income and carried out household affairs.

In the presence of circumstances that are recognized by the court as exceptional, the principle of equality of shares is deviated from.

Let's give an example

The plaintiff sues the defendant, demanding that the court reduce his share in the common property. The basis of the claim is that the subject of the legal relationship did not have a job without a good reason.

At the same time, he actively spent money from the general budget to the detriment of the interests of the family.

If you provide the court with significant evidence that the defendant did not participate in the formation of the general budget and violated the rights of other family members, his share may be cut.

Whatever property is divided upon divorce, it is important to remember the principle of equality of the parties. If there are no significant grounds, the court will carry out the procedure so that each party receives exactly half of the common property.

How to file for division of property during and after divorce: rules and procedures

When peaceful ways to resolve a conflict have been exhausted and no result has been achieved, going to court is the only option.

The law on division of property after divorce provides for the possibility of filing an application with the court located at the place of residence of the defendant.

However, if the spouses own an apartment or other real estate, it is better to file a claim in the area where the property is located.

If there are many such objects and they are all located in different regions, the choice of court is made by the plaintiff based on reasons of convenience.

Before contacting an authorized authority, it is necessary to determine the jurisdiction of the case. Small claims are heard by magistrates. They handle cases with a total value of up to 50,000 rubles. If we are talking about larger amounts, then such claims fall within the competence of courts of general jurisdiction.

In order to divide property after divorce, avoid violation of your rights and receive what is due by law, it is critically important to correctly fill out the claim form. It must reflect as completely as possible the information necessary to make a decision.

What must be included in the application?

• When was the marriage registered?
• When the marriage was dissolved
• Indicate that the division of property was not carried out before going to court
• Fill out the list of property that is subject to division
• Determine what from the list should go to the plaintiff and what to the defendant (with explanation and cost)
• Enter the amount of compensation (if one of the parties receives less based on the total value of the property)
• State the requirements in the text of the application
• List of attached documents
• Plaintiff's signature
• Date of completion

In this case, you will have to attach documents.

The package is formed from:

• Certificates of marriage registration/dissolution of union
• Documents for disputed real estate and movable property
• Receipts for payment of state duty
• Other documents required by the court

In some cases, the parties to the relationship make an independent assessment of the property. Everything that is divided between spouses during a divorce is assessed. If there is an act, the document is also attached to the main package.

How to file a divorce with division of property?

This can be done either in parallel with the divorce procedure or within three years after. Everything acquired during marriage will have the status of community property. It is important to remember that after 3 years one of the parties may declare that the statute of limitations has expired and demand that things be divided.

In general, if the spouses trust each other, and the principle of joint ownership does not give rise to conflicts, the status of joint property can be maintained. However, do not forget that circumstances can change at any time. You can protect yourself with the help of legal registration of the legal status of objects.

Finally

The Family Code provides for complete regulation of the procedure for dividing property. However, there are many nuances within the process that can affect the final court decision. You should not rely on chance - it is better to involve a qualified lawyer who will help you go through this procedure, minimizing the possibility of negative consequences.

Division of property after divorce - procedure

• Having decided to put an end to family relationships and scatter in different directions, recent spouses often face the problem of dividing property after a divorce.
• The reason lies in the categorical reluctance to part with what was in common use and has become so familiar that life even begins to seem meaningless and decidedly unsettled without this or that thing.
• Another reason for the problem of property division is simple greed and selfishness, which happens quite often.
• In an attempt to reach agreement on this issue, ex-spouses miss quite important legal aspects of the property division that accompanies any divorce process.

Methods for dividing property after divorce

First of all, it is worth knowing that the question of property division is asked not only during a divorce, but also much in advance (JSC Article 38, paragraph 1).

The property of the parties can be divided in the process of living together, not yet overshadowed by divorce proceedings.

This is done in order to place proprietary emphasis, prudently distribute shares of ownership and responsibility, and prevent potential disputes, which become extremely difficult to resolve in a critical situation.

Upon the termination of family relations, the entire state that is in common use can be divided in different ways:

• independently and peacefully, that is, through negotiations, logical conclusions and taking into account the needs and interests of the parties;
• voluntarily during the preparation of the marriage contract;
• voluntarily when drawing up an agreement on the division of common property;
• conflict, that is, with going to court, which is due to the categorical reluctance of the parties to compromise.

An intelligent (peaceful) way of dividing joint property is the most optimal and painless for both spouses, but, unfortunately, it is not so often that people separate peacefully, without offending each other and without losing their dignity.

Property issues raised in a prenuptial agreement relate only to premarital and known future property . It is quite natural that a marriage contract will not be able to foresee and cover all future property of the spouses.

In addition, the contract concluded upon marriage can be changed, annulled or declared invalid at any time (SC Art. 43-44; Civil Code Art. 165-181). One of the reasons for the vulnerability of a marriage contract is the infringement of the property and proprietary interests of one of the spouses.

An agreement on the division of property after a divorce (SC Article 38, paragraph 2) allows you to complete the procedure of your own free will and without involving the court.

The document must be signed by a notary.

It has legal force, so violation of the clauses of the contract is fraught with negative consequences for the violator (Civil Code Art. 310, 393, 393.1, 395, 398).

The division of joint property by court (SC Art. 38, 39) is always psychologically traumatic.

However, in most cases, this path is the only way to restore justice if the distribution of property was not fixed either in the contract or in the agreement, and the former partners are unable to reach a peaceful settlement of the issue.

Children's interest

Property that is divided during a divorce belongs only to the former marriage partners and no one else. The property rights of children do not apply to him (IC Article 60, paragraph 4).

In other words, by definition, there is no share due to children in parental property.

And yet, the court can take into account the property interests of children when dividing marital property (SC Article 39, paragraph 2; Supreme Court Determination No. 4-B10-36 2010/14/12). And that is why a change in marital shares by decision of the judicial panel cannot be ruled out.

What property is subject to division?

It also does not apply to what belongs to joint children.

Common marital property includes (SK Article 34):

• wages and other payments for remuneration, fees and rewards;
• profit from private entrepreneurship and individual activities;
• movable property;
• real estate;
• shares, shares, deposits, securities acquired during the marriage;
• money in cash and in bank accounts.

Obviously, only the property that was acquired during the period of an officially registered marriage and with common money will be considered common.

The individual premarital property of the spouse will be included in the community property (SC Article 37), if certain joint investments aimed at improving and modernizing this property ultimately significantly increased its market price (for example, reconstruction, refurbishment of housing).

On the other hand, acquisitions for personal purposes and with personal funds by one of the partners will not be part of the common property and will not fall under division if he can prove these facts. In this situation, the basis of evidence should be the fact of separation of the spouses (IC Article 38, paragraph 4).

Debts, including mortgages and other bank loans, are also considered jointly acquired (SC Article 39, paragraph 3; Review of judicial practice of the Supreme Court No. 1 2016/23/04, paragraph 5, paragraph 7), and therefore are subject to proportional division between spouses.

How to divide property after divorce

Sample claim for division of property after divorce

The division of marital assets occurs by agreement (prenuptial agreement or property agreement by 2-party agreement) or by force (through the court).

By agreement of the parties

In the first case, the common property is divided and transferred into personal ownership.

In the second case, the distribution of shared ownership in relation to common property occurs.

The agreement can also be combined. For example, it is reasonable to establish common shared ownership of all real estate objects, and divide movable property and transfer it to the category of personal property.

It is advisable in the contract to indicate ways to resolve issues related to violation of the agreement, as well as ways to resolve conflict situations and disagreements.

Judicially

The court distributes the property equally (IC Article 39, paragraph 1). The court allows deviation from the proportional division in special situations (IC Article 39, paragraph 2), which are considered to be taking into account children's interests or parasitism of one of the spouses.

It is worth noting here that a woman who was involved in raising children and running a household has a full right to marital property, although she did not have her own income.

A petition for division is submitted to the magistrate’s court if the “issue price” does not exceed 50 thousand, or to the district court/city court if the amount of the claim is greater.

The amount of the state duty ranges from 400 rubles to 60 thousand, which depends on the amount of the claim for the division of property after a divorce (NC Art. 333.19 clause 1).

Statute of limitations for division of property after divorce

An application for division of marital assets is usually filed along with the application for divorce. The limitation period is limited to 3 years (SK Art. 38, paragraph 7; Civil Code, Art. 196, 199).

The period is not calculated from the moment of official termination of the marriage, but when the injured party learned about the infringement of their rights in relation to common property (Resolution of the Plenum of the Supreme Council No. 15 1998/05/11 edition 2007/06/02 clause 19; Civil Code art. 200 clause 1 ).

Property not subject to division

Purely personal property is not subject to property division (IC Article 36):

• acquired before marriage;
• inherited or received as a gift and other non-compensated transactions;
• wearable items and personal items;
• intellectual property confirmed by copyright and/or patent;
• Items purchased specifically for children and used by children.

When dividing joint property, situations arise when it is not possible to divide an element of property (a car, or a house, or an apartment). In this case, the subject of division becomes the property of one party with the obligation to pay half compensation to the second party (IC Art. 38, clause 3, paragraph 2).

The division of property during a divorce is a rather stressful procedure. Therefore, it is better to discuss the issue in advance and in a calm atmosphere. An agreement on voluntary property division will be the best solution for both parties.

The procedure for dividing property after divorce

The division of property after divorce is an integral part of the divorce process. Another question is that this does not always become a reason for confrontation between spouses and their going to court. Some spouses decide to leave everything as it is, and the law does not oblige them to divide property between themselves.

The division of marital property after a divorce can be carried out in two ways: by reaching an amicable agreement between the parties, or through the court. Which of these methods to choose is decided independently by each couple who has decided to divorce.

Settlement agreement on division of property

If the parties were able to reach a consensus on the issue under consideration, then they have the right to enter into an amicable agreement on the division of property. It allows you to distribute property rights in any order without relying on the law.

Some spouses agree to enter into an agreement to avoid the distribution of property under the law. During the trial, the court is guided by the principle of equality and divides all property into two equal parts. Whereas the actual monetary contribution to the purchase and maintenance of the property of one of the spouses may be much greater.

Sometimes legal separation can deprive a spouse of his or her only source of income. For example, a spouse has been working as a taxi driver for the last 6 years, and the car was purchased during the marriage.

Then it is subject to division by selling and dividing the funds or paying one of the parties half of its value.

In the contract, the spouse can retain the rights to the car, and the spouse, for example, can be given sole ownership of the dacha.

A settlement agreement for the division of property is usually concluded at the time of divorce or after a maximum of 3 years of divorce. Also, the procedure for dividing property may be contained in a marriage contract. Then there is no need to draw up an additional agreement on the division of property.

The document must include the following subparagraphs:

• date and place of execution of the document;
• passport details of the parties;
• information about marriage/divorce;
• a list of jointly acquired and personal property, the procedure for its division;
• signatures of the parties.

It is recommended that the agreement on the distribution of joint property be notarized, which will give it greater legal force. This will not allow one party to make changes to the document without the consent of the other party.

To certify the agreement with a notary, you will need the passports of the parties, marriage and divorce certificates, and title documentation for the property.

An agreement may be concluded during legal proceedings. Then the document must be presented to the court before it makes a decision.

The procedure for dividing property through the court

The inability of the parties to agree on the division of property, or when the spouse evades dialogue, forces them to go to court.

How is property divided in court? According to the law, spouses are entitled to equal shares of the property acquired during marriage. Moreover, it does not matter at all to whom the things or real estate were registered or registered.

The court may offer the following options for distribution of property:

• establishment of common ownership (for example, real estate, land, etc.);
• transfer to each spouse of things of equal value;
• transfer of property in favor of one of the spouses with payment of monetary compensation to the second divorced spouse.

The spouses themselves can decide which of them will receive compensation. Otherwise, the judge, after some time, will decide in favor of selling the property and distributing the funds.

It is worth understanding that not only assets and property, but also debts are divided equally. In particular, mortgage debt is also subject to division, even if the agreement is signed in the name of one of the spouses.

But in some cases, the judge may deviate from the principle of equality and assign the property of one of the parties. For example, taking into account the interests of children or taking into account other circumstances (parasitism, alcoholism, gambling addiction of the spouse).

Obtaining a larger share in the property is possible if it is proven that the spouse’s personal funds participated in its purchase. For example, those that he saved for several years before marriage or received by inheritance after the death of his parents.

The legal process begins with the filing of a statement of claim and ends with the issuance of a court decision on the distribution of property between the parties, which is binding.

The statement of claim is filed with the court at the defendant’s place of residence. Jurisdiction is determined taking into account the price of the claim: if it is within 50,000 rubles, then such cases are within the competence of the magistrate’s court. Otherwise, you will have to go to the district or city court.

The statement of claim must be accompanied by title documents, as well as documents confirming the value of the property. If they are absent, you will have to undergo a property appraisal procedure with a licensed appraisal company. Based on the assessment received, the state fee for filing a claim will be calculated.

Time limit for dividing property after divorce in court

The period for filing a claim for division of property is not 6 months, as many people mistakenly believe, but 3 years. Moreover, this period does not begin to count from the date of the spouses’ divorce.

If, after the parties have decided to divorce, one of the spouses learns of the presence of bank deposits and other assets that were not previously known, but you can file a request with the court asking that the discovered property be included in the divided estate. The former spouse can apply for protection of his interests both 5 years and 6 years after the divorce.

The fact is that the limitation period for dividing property after a divorce begins to count not from the date of divorce, but from the moment of violation of the right to a share in jointly acquired property by one of the parties.

In some cases, the court is ready to consider the case even if the deadlines have been missed. But for this you need a good reason: health status, death of a close relative, imprisonment, military service, etc.

Typically the trial lasts between 6-8 weeks. This period is indicated taking into account the possible postponement of meetings and the filing of counterclaims.

What property is subject to division during divorce?

According to the law, the divided property between spouses may include real estate, movable things, deposits, securities, cash, shares, and business.

The current procedure for dividing property after a divorce assumes that only the property that was acquired during the marriage using funds from the family budget is divided.

Those things that were given to one of the spouses free of charge are not subject to division. In particular, those received by him under a gift agreement or by inheritance after the death of his parents.

Also, everything that was purchased before marriage or property transferred by one of the spouses to the other by gift will not be divided.

But exceptions to the current procedure are also possible. If one of the spouses can prove the fact of his monetary or personal contribution to improving the condition of the property of the other spouse, then he is also entitled to a share in the property. For example, the wife received an apartment after the death of her parents.

They entered into inheritance 6 months after the death of their relatives. Over the next year, the husband made repairs there with his own hands, investing his strength and resources there. As a result, the appraised value of the apartment has increased significantly.

In such a situation, the husband is entitled to a share in the apartment inherited by his wife after the death of her parents, despite the fact that she received it free of charge.

In order to include property as joint property, you need to present to the court documents confirming its ownership. These are purchase and sale agreements, checks, a certificate of ownership, an extract from the Unified State Register of Legal Entities, a bank statement about the presence of a savings account, etc.

In some cases, an inventory of property with the help of bailiffs may be required. This is usually how household appliances and furniture are divided. The inventory will be sent to the court for division of the items indicated in it. Spouses and non-interested parties must be present during the inventory process.

In some cases, witnesses may be involved in the case. For example, if it is necessary to prove the fact of concealment of any property by a spouse.

Thus, spouses have three ways to divide jointly acquired property: through a peace agreement, in court, or leave everything as it is.

Filing a claim for division of property: nuances of the procedure

Filing a claim for division of property in court is the only way out for spouses who were unable to peacefully agree on who and what of the jointly acquired property will get after the divorce.

The reason for this inability to agree may be that one spouse wants to receive more than half, and is completely sure that he has the right to this.

Before filing for division of property after a divorce, spouses need to think carefully about their actions, remember what common property they have, when and how it was acquired, what exactly they want to claim, and evaluate their chances.

What is shared and what is not

Article 34 of the Family Code of the Russian Federation states that all property acquired by spouses during their marriage is their joint property.

This includes income from work, cash deposits, securities, shares in business, as well as all material assets, from apartments and cars to glasses and spoons.

It doesn’t matter whether they are registered in the name of the husband or wife, they will still be considered common. Even if one spouse did not work and did not receive his own income during the entire period of cohabitation.

Spouses also need to take into account that almost any family has property that cannot be divided during a divorce, because it will be the personal property of one of them, even if it was acquired during the period of their marriage (Article 36 of the RF IC):

• acquired under a gift agreement (for example, the question of whether a donated apartment is divided during a divorce worries many),
• left as a legacy
• personal items (clothes, shoes, hygiene products..), with the exception of jewelry and luxury items,
• the result of individual intellectual work.

The personal property of a spouse will also be considered everything that was purchased by him before marriage, but was used by both spouses in family life.

You cannot divide things that belong to children born in marriage - toys, clothes, school supplies, etc.. This property will not be taken into account when dividing property, but must be transferred to the spouse with whom the child will live. Even the money in bank accounts in the children's names will remain theirs.

The division of a privatized apartment during a divorce is possible only if certain conditions are met. If during your marriage your apartment was privatized, then you should figure out whether it can be divided between the spouses in your case, or whether it will remain your personal property.

If the loan was received by one of them before the marriage, and they subsequently paid it off together from common funds, then the spouse who did not apply for this loan will be able to demand to recover in his favor part of the funds paid to repay it. You can read more about who pays the loan after a divorce in our article.

When to file a claim for division of property

There is no need to delay the division of property! Time is money, and the more time passes from the moment of divorce, the more elusive the chances of successfully suing for property become.

Some spouses, already divorced, are in no hurry to decide the future fate of the property acquired together: they cannot agree on the division, they still hope for reunification, they do not want to deal with paperwork, etc. Each has their own reason. Meanwhile, the law (Article 38 of the RF IC) does not prohibit filing a claim for division of property:

• after a divorce, when the dissolution of the marriage has already been registered, but the property is still shared,
• during the divorce process, when issues of divorce and division of property are simultaneously resolved in court hearings,
• at any time during the marriage.

When filing an application, spouses who have already divorced must take into account the statute of limitations for dividing property during a divorce. It lasts for three years and does not prohibit filing a claim in court regarding the division of property even after its completion, but does not guarantee its acceptance by the judge for proceedings.

Limitation period for division of property after divorce: from when

As a general rule, it is customary to count it from the moment of registration of divorce. That is, after three years have passed from the date of receipt of the divorce document, it is too late to file a claim for division of property in court.

It is worth considering: the statute of limitations begins to count when access to property is obstructed. Only from now on!

In paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 “On the application of legislation by courts when considering cases of divorce” dated November 5, 998, the beginning of the statute of limitations is recognized as the time when one of the spouses learned or could have learned that his the right to own joint property has been violated.

And in practice, when calculating the limitation period for a claim, courts refer specifically to this Plenum.

Sometimes the moment of divorce coincides with the moment of violation of the right to property, but not always. Then the spouses have the opportunity to file a claim for division of property after the divorce and more than three years later, if they prove that they learned about the violation of their rights much later.

Where to file a claim

The statement of claim for the division of property is sent by territoriality to the judicial body in the area in which the defendant lives. If real estate is planned to be divided in court, then the application is written at the location of this property.

There are cases when spouses have real estate in different localities, then the claim can be filed in court at the place where any of them is located, at the discretion of the plaintiff. Read more about where you can apply for divorce on the page - https://divorceinfo.ru/2058-kak-podat-zayavlenie-na-razvod

If you have filed a statement of claim and it contains a demand for divorce or alimony, then you can determine the territorial jurisdiction of this case yourself. That is, you can take the statement of claim to your place of residence. (this is regulated by paragraphs 3, 4 of Article 29 of the Code of Civil Procedure of the Russian Federation)

All claims for division of property worth up to 50,000 rubles are accepted and considered by magistrates. More “expensive” claims are dealt with in courts of general jurisdiction of a district, city or constituent entity of the Russian Federation.

How to write a claim correctly

In form, the sample application for division of property during a divorce resembles a divorce claim, but it is very important to draw it up correctly and reflect the necessary information. Therefore, spouses often turn to the help of experienced lawyers on this issue. After all, one wrong word or phrase in a claim can distort the plaintiff’s demands and deprive him of the opportunity to get what he wants.

In the upper right part the name of the court, last name, first name, patronymic, residential address of the plaintiff and defendant, the price of the claim (the total value of all property that is supposed to be divided) are indicated.

The text of the application contains the following information:

• date of marriage,
• the date when the marriage was dissolved (or when the claim for its dissolution was filed, at what stage the divorce process is at),
• the division of property has not been made previously, no agreement has been concluded, the spouses cannot independently agree on the division of property,
• a list of property acquired during the marriage that is subject to division: name, distinctive features, links to acquisition documents, cost of each item, total value of all property,
• reference to Article 39 of the RF IC stating that property must be divided in equal shares, or a requirement for division in other shares with justification (living with common children, disability, etc.),
• a list of property that the plaintiff wants to receive into his ownership, name, total cost, giving reasons indicating that he needs it more and is interested in receiving it,
• list, names, total value of the property that should go to the defendant, an indication of the reasons why it should go into his ownership,
• reference to compensation in the event that the value of the share of property of one spouse exceeds the value received by the second,
• in the operative part – the plaintiff’s demands set out in the text of the application, a list of documents attached to the claim, signature and date.

You will find a sample application for division of property during divorce when you read the material to the end.

The claim is accompanied by a mandatory package of documents:

• marriage certificate (or a copy of the marriage record, if it has already been terminated),
• certificate of divorce (if already received), or
• court decision on divorce,
• documents for the property subject to division, specified in the claim (registration certificates, PTS, sales contracts, coupons, checks, etc.),
• report on an independent assessment of property (if carried out),
• receipt of payment of state duty,
• other documents at the discretion of the plaintiff or at the request of the judge.

What does the court consider when considering a claim?

The courts have a long-established practice of considering cases of division of property, enshrined in law in Article 39 of the Family Code of the Russian Federation - all of it is divided in equal shares by each of the spouses. And if it is not possible to divide exactly in half, then compensation in a similar amount is collected from the one who receives the larger share in favor of the deprived.

There are cases when it is possible to convince the judge that one spouse has rights to more than half of the property. But such cases are rare and even unique. This is associated with raising common minor children or misuse of common funds during marriage (Article 39 of the RF IC).

When determining which spouse will receive what from their common property, the judge must hear both sides regarding which of them needs what more. The following will be taken into account:

• income of each spouse,
• accommodations,
• occupation,
• with whom the children remained to live after the divorce,
• health status,
• participation of each spouse in the costs of acquiring common property, etc.

The court will also divide the debts of the spouses that arose during the marriage, in proportion to the shares of property received by each of the spouses.

The ideal way to resolve a claim for division of property after a divorce is through a settlement agreement.

It can be concluded at any stage of the judicial consideration of the claim before the court retires to the deliberation room.

A settlement agreement is concluded when the spouses, during the course of litigation, come to a common decision regarding the division of property, to an option that suits both parties.

In this case, it is not at all necessary to divide the joint property strictly in half; it will be divided in a way that suits both spouses.

Legal help wouldn't hurt

Court cases on property disputes, including cases on the division of property of spouses, are the most complex category of cases. Judicial proceedings on them can drag on for many months. And often the reason for this is insufficient knowledge of the laws, the inability to see the nuances, and simply a lack of practice.

Therefore, it would be a good idea to seek help from experienced lawyers when filing a claim for division of property. Or you can even issue a power of attorney for the right to represent your interests in court in a case.

There is a lot that needs to be taken into account: so that the divisible property does not end up being sold, lost, or destroyed by an unscrupulous spouse before a court decision is made; so that the value of the second spouse’s share of property is not artificially underestimated or his share is overestimated due to cohabitation with common children, etc.