Renunciation of property upon divorce — a receipt

Refusal of claims is simply a matter of using the available form or example in which a waiver can be written in the light of the circumstances.

Let us tell you how the common document is drawn up, what types of refusals are, give examples, and determine how to write and shape the document correctly.

Model waiver form, example of no claim receipt and 5 common document rules

There is a template under which any waiver of claims can be processed and drafted.

For the correct form, note some important rules.

1. Enter the data correctly

First, consider the contents of the document.

Such information must necessarily be reflected in the refusal:

1. Name of organization to which the document is submitted.
2. Initiatives of a claimant who waives claims.
3. Address and contact details of all participants involved in the question.
4. The title of the document itself: "Statement", "Reception", "Rejection".
5. The main part in which the claimant must disclose the essence of the refusal, the reason for the refusal, e.g. moral injury or compensation for expenses, all important details must be written.
6. Signature of the persons who drafted the document; signature of the applicant and of the other person who may have been involved in the case is mandatory.
7. Date of conclusion of the document.

There should be no error or correction in the document, so enter the particulars as soon as they are recorded in the personal documentation, such as the passport.

2. Support the samples and examples

Here are some examples of refusals. You can use them to process your waiver of claims:

3. Do not use offensive language

The text should contain important information; writing a document should be in the formal business style because it has legal force.

4. Write briefly and clearly

Refusal must be understandable, otherwise it can be challenged.

The reason for refusal is not to write; it will be the applicant ' s personal wish.

5. Use the A4 page

A refusal can be printed — or a handwritten version — and is not much of a problem for lawyers, but it is recommended that only the A4 page be used to draft a document.

A model for a waiver of inheritance claims – forms for a waiver of an unconditional inheritance or in favour of another person

1. Document in the form of a rejection declaration,in arbitrary form.
2. There's a ready form that you can use when you put all the necessary information in it.
3. Who Pays Debts and Credits to the Dead — What Debts Are Transferred by Succession?

The basic form for waiver of inheritance claims is as follows:

Complete application form for waiver of inheritance claimsYou can download here free of charge in WORD format.

When writing a document, follow the rules indicated in the subheading above and take into account the following:

1. The document should have a "hop" on the right side, in the upper corner of the sheet.
2. The name of the notary organization in charge of the inheritance is compulsory.
3. The data of all heirs must be written in denial.
4. The title of the document, in this case, would be, "A declaration of refusal of inheritance." It would appear without quotations. The point at the end of the sentence is not a gross error.
5. The refusal must contain all the details of the citizen who died.
6. If a will has been made, it's written.
7. If the applicant is a legal heir, this fact is also stated.

An applicant who refuses to inherit must consider which version of the document would suit him.

1. Unconditional waiver

An example of this refusal can be found in the document:

2. Refusal to favour another person

An example of a formal failure can be found in the document:

3. Refusal of conditions

A citizen may record the refusal of any will.

For exampleyou can only give up the inheritance – the property or the property of the deceased.

The desire to give up its share of the estate can be described as follows:

The content of the refusal must be clear and clear. It is not necessary to describe the reason for the refusal.

Renunciation of joint property claims

A receipt can be written in any form — but as such it will have no legal effect.

So there won't be a transfer of property rights between the spouses.

In accordance with article 38 of the SCK, the separation of property may be carried out in two ways:

1. If the parties enter into an agreement by mutual agreement and the document is confirmed by the notary.
2. If the spouses share the property through a court of law and sign a settlement agreement, it must be signed in court.

The receipt itself may be used as a basis for a notary.

One of the spouses may provide her with a lawyer to form an agreement to be subsequently signed by the parties.

The receipt can be signed by both spouses — the document contains the signature of each of them.

Example of a waiver of joint property claims:

Model application for waiver of property claims in divorce

• In the event of a divorce, the notice of waiver of property claims would also have no legal effect, as in the previous document.
• The paper may be written in an arbitrary form.
• The important thing is for the spouses to get a divorce in accordance with all the rules and requirements of the law and then share the property.

There are several options for developments in this situation:

1. The spouses arrange for a divorce through a court of law and share property in the same court.Since the common property is divided equally by law, the court may not award another, but the parties may make a settlement agreement, but in a court in which one of the spouses renounces the property.
2. The spouses divorce by mutual consent through the civil registry and then go to the notary.A lawyer may issue an agreement whereby one of the spouses will refuse the other part of the property.

You can write a receipt, but in the second case, when the parties go to the notary.

In the case of trials, the receipt will not help and will not affect anything.

Model for waiver of real estate claims, apartment

The receipt, or waiver of property claims, is not a legally valid document; this paper may be issued at the request of any citizen, but it will not affect anything in the authorities.

A model of waiver can be drawn up on its own — no matter what form the document will take. In it you can state that you have waived rights to some real property, including an apartment, but the waiver will have no legal effect.

For a receipt, please follow the model attached above in the first subheading.

Application for waiver of claims, mutual claims in an accident, waiver of claims involving a pedestrian

In the event of an accident, the participants may issue a waiver of claims.has legal forceif issued in the presence of a police officer or a DFS employee.

1. The Council:If you have not called DFS specialists to the scene of the accident, you can come to the office and confirm the receipt there, as long as the official confirms the mutual agreement.
2. The same is true of a copy of a receipt, which can be certified by the staff of the service.
3. The declaration is made in a simple, arbitrary form.

It must contain such information:

1. Name of document.
2. Initiatives of all those involved in the incident.
3. Address of each participant ' s residence.
4. The fact of the accident is the exact time and date of the accident, the number of participants who were responsible, who were the victims.
5. Possible payment of compensation: If the money for the injury has been transferred to the injured party, this should be indicated and the exact amount should be stated.
6. The waiver of claims on both sides is mandatory.
7. If there are witnesses, their personal details shall be provided.
8. Date of consent.
9. Subscriptions deciphering every person involved in the case.

When a pedestrian is involved in an accident, a receipt may also be drawn up, but this point may be indicated in the document.

Let's give examples of receipts in an accident:

Example 1:

Example 2:

Refusal of claims to the employer

Refusal of claims to the employer is usually made upon the dismissal of the employee; the document is a legal document according to which the employer can prove that the employee has been paid and is no longer liable to him.

The following model may be used to record the rejection or absence of claims:

No claims form prepared for the employerYou can download here free of charge in WORD format.

Example of writing a receipt to an employer:

In writing your receipt or application for waiver, you can use these forms and samples to include your information. Our other articles will help you with your processing.

Model notice for abandonment of property upon divorce

It is not always the wish of the spouses to take possession of property acquired during the marriage.

Can a share of a joint property be waived?

According to the law of marriage, all property acquired jointly by the spouses is their common property and, in the event of a division, is divided between them in equal parts; this is the right of the lawful spouses, but not the duty, so that each of them may at any time formally renounce their share of the joint property in 2023.

The following steps can be taken:

• Prior to marriage;
• During the period of the marriage;
• In the event of divorce;
• After the dissolution of the marriage.

Coercion, whether physical or psychological, is a voluntary act.

All those wishing to give up their share of common property should bear in mind that such a move would not result in the cancellation of the obligation to pay the common debts of the spouses, for example, to the bank.

Renunciation of property upon divorce

If you wish to give up your joint property in 2023, you should record your intention in writing.

If you give up your property, you must call on the notary, and if you do not give it to him, you will be assured by the parties, and both spouses will be given a copy of it, and one will remain with the notary.

Model declaration

The law does not provide for the creation of a separate declaration to reject the division of joint property, which would require the signing of a division agreement.

It's okay if the spouses write the text themselves, just by further assuring it from the notary, but it's hard for citizens who don't have the skills to do it.

Therefore, it is desirable to entrust the drafting to a professional lawyer in the first place.

Those who wish to write the text of the section agreement themselves should bear in mind that it includes the following information:

• Basic information on both spouses (FIO, date and place of birth, general civil passports);
• Information on the marital relationship between the parties, indicating the date and place of registration of the marriage, the series and the certificate number; if the couple is already divorced, the same information shall be added to the information on the dissolution of the marriage;
• A list of common property objects for which ownership is to be transferred to only one party; the information should be detailed; for example, if it is a car, the model, colour, number, date of issuance and acquisition, etc. should be indicated;
• An indication of where the property is transferred and at which point, e.g. immediately after the signature of the document or after the divorce;
• Date of writing and signature with decryption.

The document must be certified by the notary.

In a number of cases, the parties have been bypassed by a debt-based waiver, which does not require a notary assurance, but will also have no serious legal effect.

Documents required

The following documents will be required to ensure that the agreement is not only drafted but also certified:

• General civil passports of both spouses;
• The documents confirming ownership of the property referred to in the text;
• Marriage certificate (dissolution if necessary);
• This may be the expert opinion of the evaluator.

In addition, the notary is not entitled to request any documents; the service is paid according to the schedule.

Types of abandonment of property in divorce

If a husband or wife wishes to abandon the jointly acquired property in 2023, they can do so in two ways: by taking active action or by letting it go; hence, it is customary to separate the active and passive form of refusal.

Active abandonment of property

When one of the spouses participates in the writing of documents restricting his property rights, it is the active abandonment of property.

• A division agreement or a settlement agreement;
• Marriage contract;
• It's a gift agreement.

The spouses have the right to decide, on their own, which form of document they would benefit from and at which time they should sign it.

Marriage agreement

The marriage agreement has the right to conclude a valid spouse or groom with the bride; in the second case, it will be valid only after the official registration of the marriage.

There is no strict form of marriage contract, which is drafted arbitrarily in writing, subject to a number of conditions; a notary ' s check is binding; otherwise, the contract will have no legal effect.

The marriage contract must contain the following information:

• The main details of the signatories (FIO, date and place of birth, general civil passport details);
• The marital status of the couple, i.e. already married or not;
• Refusal of rights to jointly acquired property: It may be explained here, for example, that this is not all property, but only a number of objects (rent, business shares, etc.);
• The conditions for relinquishment of property. i.e. whether everything is free of charge or whether the party imposes restrictions;
• An indication of the date at which the contract enters into force;
• Date of writing and deciphering signature.

An example of a marriage contract is available on our website and can be downloaded if necessary.

Diffusion

The gift contract between the spouses is not subject to a tax, so it may be chosen as an alternative if the joint property is abandoned; the document is prepared by a notary in the case of real estate, as the transaction will then have to be certified in Rosreestre.

In the case of other property, it is not necessary, but it is desirable, to assure the notary that the dissolution of the marriage and the division of the joint property may take place on the basis of a court decision, and the judge will be guided by this nuance, especially in the case of expensive items: ornaments, furs, antiques, etc.

Peace accord

In the case of the division of property by court, the spouses have an opportunity to compromise on property rights issues; in the course of the proceedings, the parties may draw up a settlement agreement on a division; the rules for drafting the text are identical to those used in the writing of the standard division agreement.

At the time of his conclusion, further proceedings shall end, and notarization shall not be required, since the text shall be read by the trial judge and shall decide as agreed.

Passive dissipation

If one of the spouses does not wish to officially own the common property, he may take a passive position, i.e. to refuse to sign any documents and not to dispose of the property.

Who should pay for the division of property? Therefore, even if one of the parties does not engage in property, does not claim it, the other party should document it; for example, bring a claim to the court for the recognition of the property as his or her legal property, since the spouse does not wish to dispose of it and to bear the costs of its maintenance.

Conditions of refusal

The cancellation of property may take place when the other party fulfils a number of conditions; this nuance should be specified in the text of the document, which is made up of the persons concerned.

Free of charge

This is rare, but common property is issued to one of the spouses without any conditions, i.e. it is simply stated in an agreement or in a contract that the transaction is free of charge.

Transfer of other property

A condition for the abandonment of common property upon divorce or during the marriage may be a counter-claim for the transfer of a second party ' s personal property; for example, the husband refuses a 3-room apartment purchased during the marriage, and the wife gives him her 1-room apartment which is inherited.

Child registration

Sometimes the couple want to provide for their children, not their second spouse, by giving up their property.

In such a case, the agreement or contract shall state that a portion of the property is transferred to the property of a minor child, not to the wife or husband; a gift contract is better suited for such purposes.

Until the age of majority, the parent with whom the child remains resident will dispose of the property, but only upon approval of any transaction by the guardianship and guardianship authorities.

Who can't give up property

The law provides for two categories of citizens whose refusal of property upon divorce in 2023 can be easily appealed:

• Persons found by the court to be incompetent at the time of signing the document;
• Citizens suffering from serious illnesses that may affect their decision-making.

In other words, if the spouse has signed a marriage contract and is valid, his continued incapacity will not affect the decision to refuse.

Each of the spouses has the right at any time in the marriage to make a written waiver of the joint property, which will require the signature of a marriage contract, a gift contract or a division agreement.

Refusal of joint property upon divorce: model notice of waiver of property claims

It is not always for divorce to be divided into scandals and disputes between the spouses; in some cases, one of the spouses decides to voluntarily hand over some of his property to his ex-wife or husband; but the refusal of the joint property cannot be oral.

Renunciation of joint property is possible at any time, both during family life and after the dissolution of the marriage.

How can we formalize the rejection of joint property?

Let's just say that refusing to share property is not a phrase thrown by one of the spouses during a scandal or a trial that "he doesn't need anything." I don't think it's appropriate to explain why an oral refusal, or an argument, can't be considered legitimate.

And if he giveth away his property only by word of speech, he will not be able to take it back; and if he giveth it to him, he will not be able to give it back to him; and if he giveth it to him, then he will pay his dower; and Allah is Oft Forgiving, Most Merciful.

Refusal to share property shall be documented in different ways, depending on when it is carried out:

The spouses may issue a marriage contract for the joint or separate ownership of property, where they may also specify the procedure for the acquisition of new property and the allocation of shares for each of them.

During divorce proceedings:

• Voluntary agreement on the division of property, certified by a notary; however, the provisions of the contract may be challenged by the courts;
• A settlement agreement on the division of property upon the dissolution of a marriage by a court of law.

The settlement agreement on division, as well as the refusal of joint property upon divorce, is tantamount to a judicial decision on the final division of property after the dissolution of the marriage.

Remember that the refusal of joint property upon divorce cannot exempt the spouse from payment of debts, loans or other debts.

Renunciation of joint property claims

So, as we've learned, the first thing you have to do if you want to give up claims for joint property is to make an appropriate receipt, but you need to notice that:

It would not be possible to transfer property rights to the second spouse through a receipt, since the document would be unilateral and would not have legal effect.

Therefore, in order to avoid such a misunderstanding, the law provides for two versions of the documents by which the spouses may divide or transfer property to each other (article 38 of the Family Code of the Russian Federation):

• An agreement certified by a notary at the time of marriage;
• A court-approved settlement agreement on the division of property.

Such documents are always written and certified by the relevant authorities.

In order to draft a division agreement and transfer property rights to another spouse, always contact a lawyer or notary to avoid further financial and civil disputes!

Abandonment of property

It is not always the case that you refuse to share property in divorce, but it is often the case that you do not want to keep your property because of debts and loans or other property obligations.

In divorce, both spouses have the right to "active" or "passive" waiver of joint property.

Let's start with the "passive" rejection of joint property, which includes the following:

• Property was originally registered in the name of only one spouse;
• The second spouse, who does not want to allocate his share in property and credit, simply takes no action.

Of course, there are advantages for both spouses: the speed of resolution of the conflict and the pre-defined owner of the property.

Undefined status of property preventing the second spouse from managing property:

1. Sell;
2. Give;
3. Change etc.

The statute of limitations for challenging property rights begins not from the date of the dissolution of the marriage, but from the moment the other spouses make arrangements for housing (sale, rent, etc.), which means that the division of property may be delayed for decades rather than months and years.

The second spouse may terminate the undefined status of property rights by applying to the court for the division of property and the allocation of shares for each spouse, thereby forcing the spouse who did not wish to take over part of the joint property to recognize half of his property or to take an active form of refusal.

Active abandonment of property

An active refusal is primarily a legal act by a "retardant" spouse, namely the drafting of a written contract indicating the will to dispose of the property.

It may draw up three forms of contract in which the property can be abandoned in favour of the spouse:

1. A marriage contract made prior to or during the marriage, which would specify that all joint property acquired after the dissolution of the marriage would become the property of only one spouse.
2. The joint property agreement, which states that the spouses do not have property claims against each other in the division of the jointly acquired property, and all property remains with only one of them; this agreement can only be confirmed by the notary with the free consent of the two spouses.
3. If you give a share of the property to the other spouse, you may make one contract for all property and for each other, but if the gift is in respect of real property (home, apartment, land), the transfer of ownership must be registered in Rosreestre.

Active abandonment of joint property has a number of advantages compared to passive:

• Definition of property after divorce;
• Protection of the property rights of the second spouse and de facto transfer of all rights from the time of signature of the contract;
• A clearly defined plan of action excluding legal errors and loss of property rights for both spouses;
• Only with the free consent of both spouses;
• Allows resolution of the matter without resorting to a court;

As soon as the document is signed, the spouse who has acquired ownership shall be entitled to:

• Sale of property;
• Diffusion;
• Exchange;
• A mortgage of property;
• The conclusion of other civil transactions without the consent of the former spouse;
• Use property for commercial purposes.

Active abandonment of joint property is the most advantageous for the second spouse, as he receives not only legal certainty of the property but also protection of his property right after the dissolution of the marriage and the expiration of the statute of limitations.

Form of notice of waiver of property claims

Before drafting this document, we strongly recommend that we consult articles 34 to 36 of the Family Code of the Russian Federation.

You should indicate in your receipt:

Determination of each spouse ' s assigned share in the monetary equivalent, according to market value;

Distribution of all shares or objects in general among former spouses;

Identification of existing property and debt obligations of spouses to private persons or entities:

• Loans;
• Loans, auto-credits;
• Mortgage, etc.

Procedure for payment of monetary compensation and transfer of shares in joint property.

Personal data of the spouses:

1. FIO, Year of Birth;
2. Address of registration;
3. Passport data.

A list of all joint property, with the value of each;

Refusal of joint property in favour of the other spouse: if necessary, determination of the amount, timing and manner of payment of monetary compensation for the transfer of property;

Identification of the particulars of the documents establishing the joint debt with the spouses:

Credit contract;

1. A loan agreement;
2. Mortgage agreement.

Debt repayment and distribution of the debt balance between spouses;

Cash requisitions:

1. Bank account numbers;
2. Banking card number, etc.
3. Address of the location of the transferred property with the acquisition and registration documents in Rosreestre;
4. Date of registration of marriage in the civil registry.

Model of a receipt for the division of the property acquired jointly by the spouses

A receipt of the division of property between the spouses is an official document that allows the settlement of the property dispute by peaceful means. It is prepared in writing by mutual agreement between the parties. What is worth taking into account in the preparation of the document, what points should be reflected therein, and whether registration with a notary office is necessary, the reader will learn from this article.

Methods of distribution of property after divorce

The divorce procedure is followed by a separation between the spouses of the common-wealth property, which is carried out peacefully by mutual consent of the parties or by a court of law; the first option involves the establishment of an agreement on the division of property or a single-named receipt; the choice of a document depends only on the wishes of the former spouses.

Article 38, paragraph 1, of the Code of Criminal Procedure states that the property of the spouses acquired during marriage may be divided by mutual consent, without judicial proceedings, and that the type of document to which the matter is to be settled is not specified, which means that the spouses may make both a receipt and an agreement at their discretion.

The receipt shall be in writing and shall contain a list of the property to be transferred to the property of the spouses as well as an indication of the absence of any claim against each other; the document shall give the right to the total waiver of the property in favour of one person; it shall confirm the oral agreements of the spouses upon dissolution of the marriage.

Property-sharing requirements

There are no clear requirements for the writing of a receipt for the division of joint property; the document is not subject to notary certification; the spouses have the right to seek the assistance of a lawyer or notary; however, his assurance will be denied, since notaries issue only property-sharing agreements but not receipts.

The receipt shall be made in two copies and signed in the presence of a witness, who shall also sign; in the event of a trial, a third person shall confirm the existence of a mutual agreement between the spouses and the authenticity of the document.

In the receipt, the spouses must indicate:

• Document title, place and date of compilation.
• Passport data of the parties.
• A list of the property and the person to whom it belongs.
• Time frame for the transfer of ownership.
• Date of compilation and signature of the parties.

The former spouses should describe in detail the property to be divided; for example, in the case of an apartment, information should be provided on its location, cadastral number, number of rooms.

Under article 9 of the Criminal Code, a citizen may not waive his or her rights to property if this is contrary to the law in force.

In making a receipt, the spouses must take into account not only each other ' s interests but also the law in force; if the receipt violates the rights of a disabled citizen or minor children, it shall be declared null and void or void by the courts.

List of assets to be itemized on receipt

According to the receipt, the spouses have the right to share all property acquired jointly, with the exception of:

1. Personal property acquired prior to marriage, donated or inherited.
2. Property belonging to minor children.
3. Clothing and personal hygiene.

A list of the property to be divided is available to each family, which may include:

• The apartment.
• Private house.
• Garage.
• I will.
• Land.
• Furniture.
• Domestic appliances.
• Arts.
• Cash savings.

When sharing property, spouses should also take into account the availability of open loans; Parties should agree in advance on who and how to repay them.

After the dissolution of the marriage, not only property but also credit obligations are to be divided.

The repayment of existing loans may fall on the shoulders of one of the spouses to whom the property purchased for them belongs, and the final decision depends only on the agreement of the parties.

The citizens of Sidrchuk S. M. and Sidorchuk V. V., whose marriage was registered on 10 December 2005 in the registry of Nizhnekamsk, pursuant to article 38 of the Russian Federation, agreed on the division of common property:

1. A two-room apartment with a total area of 51.7 square metres, located at Nizhnekamsk, Victory Prospect, 6 square 77, cadastral number: 122145825835.
2. The 1989 Toyota Corolla car.

The parties decided to leave the apartment to the wife, the car to the husband, and all the jewelry and household appliances that were given during the marriage are taken over by the spouse.

The Parties undertake to change ownership of the property within three months of the signature of the receipt, guaranteeing that the property is neither secured nor personal property.

If the receipt is prepared in the presence of witnesses, they must put their hand on the date, signature and passport data, and it has already been stated above that the presence of third parties is not necessary but recommended.

Recognition of a receipt as invalid

The signature of a receipt must take place by mutual consent, which means that the parties make it voluntarily.

1. Signature under blackmail or threat of life.
2. Falsifying the signature of one of the spouses.
3. Signature under the influence of alcohol or drug abuse.
4. Violations of the rights of disabled or minor children.

Parents must remember that they are not entitled to claim children ' s property, for example, toys, child furniture and the child ' s share in real estate cannot be separated after divorce, all of which belong to a minor who owns property.

The property-sharing receipt should not indicate the personal relationship of the spouses, the decision to determine the place of residence of the minor children, information on the payment of maintenance, which could lead to the invalidation of the document.

If the receipt was not prepared illegally, the injured party has the right to appeal to the court, and the statement of claim should be accompanied by evidence of his or her right (medical certificates, written witness statements, etc.).

Problems that may arise with the distribution of property

The receipt is only an obligation of the former spouses to each other; it can easily be annulled by the courts; as such, it has no legal effect because it is not certified by a notary; and one of the signatories of the receipt may, at the same time, wish to separate the property from the court; and the receipt is unlikely to prevent it.

In order not to encounter the problems described above, it is worth making a receipt with a lawyer.

Alternative to property-sharing receipts

The distribution of property leaves the spouses content that they do not require a notary assurance, which means that they will not have to spend money, and this document cannot provide a complete guarantee of the maintenance of the agreements contained therein.

If the spouses are able to arrange for the distribution of property in a peaceful manner and do not want to put themselves at risk, they should make an agreement; for this purpose, they should visit a notary office and bring with them a marriage or divorce certificate establishing the property documents and the parties ' civil passports.

The agreement on the division of property, according to the UK of the Russian Federation, must be certified notarized; otherwise, it is considered null and void; it is signed by mutual agreement between the parties; it is drafted in full compliance with the legislation in force.

The separation agreement will cost between 5,000 and 10,000 rubles, but it is an official document and has legal effect; it will be very difficult to cancel a properly drafted agreement in court; this guarantees the protection of the parties against the rejection of previous agreements.

The text of the agreement reflects the oral agreement of the spouses with respect to the division of the common property and also sets out the rights and obligations of the parties vis-à-vis each other and the liability for the violation of the main points of the document.

Disbursement of property: where to draw up

It can be concluded from the foregoing that the receipt does not provide any guarantee of compliance with the agreements set out therein, which means that it is not worth drawing up in the division of high-value property (e.g. real estate) and that such matters should be resolved through the establishment of a notary agreement.

If the spouses plan to share a small amount of money, furniture, household appliances, jewelry, there is no point in drawing up an agreement and paying the notary for his assurance, in which case the writing of a receipt may be avoided in the presence of witnesses.

The law enforcement practice and legislation of the Russian Federation are changing quite rapidly and the information in the articles may not be up to date; the most up-to-date and up-to-date legal information, taking into account the individual nuances of your problem, can be obtained from 24-hour toll-free telephones by filling in the form below.

Distribution of property: How to draw it up and how to distinguish it from a notary agreement or a marriage contract

The division of property within a marriage is usually a complex procedure and often the parties cannot agree on the division of property.Two options for the division of property:

Division of propertyregulated by family lawThe common property can be divided between the parties, and this article will deal primarily with how the parties ' positions are properly legally established: by receipt and withdrawal of their part, or by drawing up a division agreement.

Only a state which is liable to be separatedacquired in marriageThe direct types of joint property are provided for in article 34 of the Russian Federation ' s Family Code:

• The first type is savings accumulated during marriage (any movable and immovable property, such as an apartment, a car, etc.).
• Securities and deposits in banks are also recognized as common property.
• The following is the income of natural persons also as an entrepreneur, income from copyright, intellectual activities (e.g. disability benefits, unemployment benefits, etc.)

Can the receipt replace the property-sharing agreement

Under article 38, paragraph 1, common property may be divided between spouses byGeneral agreementIt does not follow from this provision what kind of instrument they are obliged to draw up in this case, so it can be concluded from this rule that savings can be divided in both the form of a receipt and the form of an agreement.

In the preparation of a receipt, it is necessaryBe guided by certain rules:

• The receipt must be in writing.
• The document cannot spell out the fact that one party has completely waived its rights.

Under article 9 of the Civil Code of the Russian Federation, a citizen may not renounce his or her rights unless otherwise provided by law; even if he or she refuses, such a provision will be null and void in the treaty.

In the event that you want to divide property precisely by writing a receipt, the best way to do so is,with two documentsIn each document, the spouse will indicate the property which he refuses in favour of the other spouse; such a receipt will have legal consequences for the parties.

However, it would be legally correct if the spouses formed an agreement on the division of property.should contain the following circumstances::

• F.I.O. of the spouses, their full passport records.
• Purpose of the agreement (sharing of property).
• A detailed description of the property that is in common ownership and to whom and the order in which the property will be transferred, where the property is located at the time of writing, and a statement of shares, if necessary.
• Date and place of the agreement.
• Personal signatures and other terms.

Is the property-sharing receipt not certified by a notary valid

Property-distribution receiptnot subject to mandatory notary certificationIf the document is correct, the data of both spouses are correctly stated, and the details of the property to be handed over to the other party are described, the document will have full legal effect.

However, if this is necessary and you ask the notary for a document, it provides an additional guarantee that the document is well written.

Notary ' s assurance of signature on receiptwill incur additional costsBut it should be remembered that a document certified by a notary and another in simple writing has equal legal effect.

Possible problems related to the distribution of property

There are not always times when there is a need for judicial separation of property; it is possible to settle the relationship peacefully and to separate the property through the preparation of a receipt.

There may be problems in writing a receipt if youMisstated their claimsJoint equipment if the receipt contains conditions for the total waiver of common property claims.

The receipt is a simple obligation of one party when both persons are involved in the separation.may be declared invalid.

In this case, the court may disregard a document such as receipt and the division of property in accordance with the law, i.e. in equal shares.

Alternative to property-sharing receipts

In the absence ofMarriage contractThe best solution to the division of property would be an agreement between the spouses that consolidates the property to which the spouses claim.

A contract may be entered into both during the marriage and after its dissolution, in a binding written form, and may contain conditions in respect of all property and any part thereof.

Property-sharing documentdifferent from the marriage contractThe following differences can be highlighted:

• The document does not require a notary certificate.
• An agreement may be entered into during the marriage or upon dissolution; a marriage contract may be concluded before or during the marriage.
• The agreement refers to the particular property held by the spouses, and the marriage contract may contain conditions for the property to be acquired in the future.

The law establishes a period of time which is:three yearsWhen a contract can be challenged, the value of the property must be stated in the drafting of the agreement, and the value must be determined in accordance with market prices.

The conclusion of the sharing of property isbest optionBetween spouses who are about to divorce.