What documents are needed for the division of property after divorce?

There is a generally accepted opinion that the division of acquired property occurs exclusively during divorce proceedings, when in court the former spouses try to win the family fortune from each other. We hasten to refute the prevailing opinion. The division of property of married spouses is possible and permitted at the legislative level.

Occurs with a joint desire or by court decision, on the basis of family and civil legislation of the Russian Federation.

The modern world dictates certain trends in behavior, as a result of which future spouses often think about the preliminary division of income and property. The husband and wife discuss the distribution in detail and record it in a certain format.

It is important to know that if a spouse does not work, but is engaged in raising children and improving the home, then he also has every right to own and dispose of property .

The opposite situation is when the spouse does not take the family situation seriously, frivolously spends money on alcoholic beverages or gambling, he is deprived of the right to own joint property (Clause 2 of Article 39 of the Family Code of the Russian Federation).

• with or without the mutual consent of husband and wife;
• at the request of one of the parties;
• at the request of a creditor of one of the parties (if there is a large alimony debt, if there is damage to the property or health of another person, if the guarantee for loan obligations is not fulfilled);
• at the request of the heir (in connection with the death of one of the spouses).

Let's look at what is available for division

Each party can independently determine the share or unlimited possession, as well as the quantity of one or another object. The property acquired during the entire period of marriage is subject to division:

1. Immovable or movable property;
2. Loans, savings deposits, part in capital ownership;
3. Certificates and funds;
4. Permanent benefits, pension.

Personal property

What does this definition mean:

1. All property that was before marriage.
2. All property purchased with funds owned by one of the parties before marriage.
3. Anything acquired during a marriage with proceeds from the sale of personal property.
4. Everything that was received as a gift.
5. Property received during gratuitous transactions (privatization).
6. Medical equipment that helps support the life of a husband or wife.
7. Professional equipment that brings the only source of income. Everything that was inherited during the entire period of marriage.
8. Personal belongings, shoes, accessories and others (except for jewelry).

Section nuances

• Only the state that exists today is divided. Future savings or past ones are not subject to division, taking into account what is not officially recorded in a legal contract.
• Shares of ownership may differ, we take into account that not everything is divided in half (the court has the right to change the equality of shares in their common property, in favor of one of the parties in case of making a greater contribution to the well-being of the family, if the other spouse did not increase income for unjustifiable reasons or spent common property to the detriment of the well-being of the family - Family Code of the Russian Federation, Article 39 of the RF IC).
• Once the separation process is complete, the married spouses return the property to the joint fund.

Section order

In the case of distribution of wealth, the total value of which does not exceed 10 thousand rubles. (in monetary terms), then there is no need to formally record it; a verbal agreement is sufficient. For property whose total amount exceeds the specified figure, the relevant documents are required to allow the management of joint property.

1. Agreement

This document is drawn up in writing, in accordance with Article 23 of the RF IC. The agreement is often signed in the absence of disputes between the parties. There are no strict principles in the design of the document; deviations accepted by the decision of the parties are allowed.

Thus, the preparation of the document is of an individual nature and, at the request of the spouses, can affect certain objects (securities or real estate), the remaining objects remain in common ownership, notarization is not required

2. Marriage agreement

A marriage contract differs from an agreement in its fundamentally official presentation. It spells out the entire state, fixes certain conditions under which the contract comes into force, or vice versa. This document implies some amendments and consideration of the further joint fund of the family. In addition, certification by a notary is required.

For persons who signed a contract before marriage, the contract begins to be valid from the moment the relationship is registered. For married persons, the contract begins to be valid from the moment it is signed by a notary . It is possible to conclude a contract for a specific period or indefinitely.

An open-ended contract terminates at the moment of official divorce, and a limited-term contract terminates until the date specified in the document itself.

Provided that the spouses are ready to divide the fortune, but cannot agree on the number or size of the shares, a certain statement of claim .

If the other spouse disagrees with the methods of division provided, he may respond with a counterclaim and offer his own solution to the current situation.

Thus, the decision on the distribution of the wealth will now be made by the court.

The question arises, where should the claim be sent in this case?

• If there is a real estate object in the list of the described condition, the demand can be addressed to the judicial authority where the object is actually located (if there are several objects, it is also sent to the court at the location of one of them).
• When filing a statement of claim, you will need to fill it out according to the sample form; often, plaintiffs have questions during the filling process; the statement requires that information be entered correctly and accurately in order to avoid a different interpretation.
• If you have any questions, you can always seek qualified legal assistance.

Let's consider what data will be required when filling out the claim:

1. Last name, first name, patronymic of the plaintiff and defendant;
2. Residential address of the plaintiff and defendant;
3. Full name of the court accepting the claim;
4. The value of the claim (the entire value of the property to be divided).
5. Marriage registration date.
6. Information that the division was not previously carried out, the marriage contract was not concluded, there is no possibility of reaching an agreement among themselves without the involvement of third parties.
7. A census of property accumulated over the years of marriage (acquisition documents, the cost of each item, specific characteristics are also required).
8. A list of property that the plaintiff wants to receive during division (name, value, it is also necessary to indicate why the plaintiff needs it more than the defendant).
9. List of property that must be transferred to the defendant (name, value, justification of the reason why it should be transferred to the defendant).
10. A reference to compensation, provided that the value of one of the parties’ shares is greater.
11. Claimant's demands, attached documents, signature and date.

Mandatory package of documents for the current application:

1. Marriage certificate.
2. Certificate of ownership, purchase and sale agreement, deed of gift (for division of real estate).
3. Registration certificates, PTS, purchase and sale agreement, insurance policy (if car is divided).
4. Independent assessment report (if carried out).
5. Receipts for payment of state fees, checks and other documents as required by the court.

A little about how the trial works

The decision-making process can be very lengthy, since a thorough study of the claims is required, family well-being, contribution to the general condition of each spouse, contribution to raising children (if any), the type of activity of the parties, and state of health are assessed.

In addition to the entire situation described, the court will also divide the debts accumulated during the marriage.

The most ideal option for resolving the litigation remains a settlement agreement; during a lengthy legal battle, the spouses can come to an agreement between the parties and agree on the right of ownership (full or shared).

What are the possible costs for filing this claim?

At the time of filing a claim demanding division of property, the amount of the state duty is determined (in accordance with clause 1, clause 1, Article 333.19 of the Tax Code of the Russian Federation), the amount directly depends on the value of the property that is subject to division. The amount of the duty varies and is determined by the estimated value of the property ranging from 400 rubles. up to 60 thousand rubles.

How long does it take to file for division of property after divorce?

• Anyone who is faced with divorce proceedings should be aware of the time limit for dividing property after a divorce.
• There is little pleasure in the divorce procedure, which is accompanied by the presentation of mutual claims and the experience of severe stress from an emotional point of view.
• The most difficult and controversial issue after receiving a certificate of dissolution of marriage is the division of property of the ex-husband and wife.

The legislative framework

Marriage is a procedure for confirming the emergence of a family law voluntary union between male and female representatives, formalized in accordance with the current provisions of the legislation of the Russian Federation. The main purpose of the union is to create a family.

Divorce in this case means the legally justified dissolution of any kind of marital relationship between husband and wife. The ideal solution after this procedure is the division of jointly acquired property according to a mutual agreement between the parties involved in the process.

However, this issue is often resolved in court. Quite often there are cases of filing such a claim with the court after several years have passed after a divorce.

In this case, it is of particular importance to take into account the statute of limitations of the statement of claim, since it is this period that guarantees the protection of rights. If the time allotted by legislative acts for filing an application to the court for the division of property has expired, then the right to defense is still retained, but a guarantee of its observance is not provided.

Filing a claim

1. The terms are calculated from the date of divorce.
2. The period for filing a claim should be counted from the moment when discrimination occurred against the right of one of the divorced spouses to own joint property.

In accordance with the seventh paragraph of Article 38 of the RF IC, the “claims” of the ex-husband and wife can be brought forward within a period of 3 years. This period begins not from the date of receipt of the certificate confirming the divorce, but from the moment at which the rights of one of the parties were violated.

Violation of rights

A violation of the rights of one of the parties to own common property occurs if:

1. Alienation of joint property against the will of the other party in transactions (purchase and sale, exchange, gift).
2. The emergence of disagreement between spouses in a divorce regarding the use of joint property.
3. Lack of access to common property acquired during marriage due to obstruction by one of the owners.

Alas, the process of violation of rights acts as an evaluative category, and is entirely dependent on the inner conviction of each individual judge. There is also in legal practice the concept of a special period for the validity of a statement of claim.

For example, in the case of housing acquired by a husband and wife under an investment transaction, the limitation period for filing a claim after a divorce is counted after the ownership of the new building is registered.

Features of the statute of limitations

In this case, the calculation of the limitation period does not include the time during which, due to good reasons, the claim could not be brought to court. A number of objective reasons that are prerequisites for suspending the term are stipulated in Article 202 of the Civil Code of the Russian Federation. They are presented:

• unpreventable or emergency circumstances such as natural disasters, the introduction of martial law, serious illness;
• provided that the plaintiff is serving in the Armed Forces transferred to combat readiness status;
• moratorium;
• suspension of the relevant legislative act.

Thus, the limitation period is calculated from the stage of non-compliance with the rights of one of the parties. The fact of violation of the type of right in question may arise, both without fail after the divorce is filed, and after a certain time has passed.

Necessary documents for division of property after divorce

Most divorcing citizens are interested in what documents are needed for the division of property after a divorce. This is due to the fact that their list changes depending on the individual characteristics of each specific case.

According to the law, all material assets can be distributed:

• through verbal agreement. This path provides for confidential use, up to the filing of a claim with the judicial authorities for the division of values ​​in an official manner;
• by an agreement concluded during the marriage, or after a record of its dissolution appears in the civil status act. Applies only to a specific object of movable or immovable property (car, premises, household items). After compilation, it is registered in Rosreestr, which ensures the absence of claims later;
• according to the marriage contract. Drawed up before the marriage or during its validity. It must be certified by an employee of a notary office. The duration of the contract is determined by the spouses and is prescribed in a separate clause;
• in accordance with the right of use and disposal.

According to the content of Articles 132 and 56 of the Code of Civil Procedure, the spouse filing a claim is obliged to document his position. This means that during court hearings it is necessary to prove the right to own one or another movable or immovable property. A complex method that requires submitting the following documents to the court for the division of property:

• ID card (passport);
• certificate issued to spouses upon dissolution of marriage;
• A receipt confirming payment of the fee established by the state for this case;
• Power of attorney (if there is a representative);
• Clearly formulated requirements (with calculations);
• Evidence of violated property rights;
• Other evidence issued by various authorities.

It should be understood that documents for the division of property may be requested by the court if it is required to establish the truth. Written and verbally confirmed testimony will be very useful. Since the process is adversarial in nature, it would be useful to contact a specialist.

What documents are needed for the division of property after the divorce of spouses?

What documents are needed for the division of property after a divorce? This depends on the method of dividing the property itself - by contract, peacefully or through court. Both methods have their pros and cons, so before deciding on the required package of documents, you can take a look at both options.

The peaceful method of dividing property is very convenient because the spouses amicably agree on everything and carry out the division with the help of an independent lawyer who legalizes this operation. There is no need to go to court, so there is no need to pay the costs (and in this case they are quite considerable).

A judicial method of dividing property is needed when a peaceful agreement cannot be reached or in the event that everything needs to be officially divided and documented fairly.

But the cost of judicial division of property can be quite high (depending on the value of the property and assets of the spouses)

What documents are needed for the division of property after the divorce of spouses?

It will be possible to divide property through the court within three years after the divorce. After this period, nothing can be done according to the legislation of our country. This can also be done directly during the divorce, for which a separate statement is written.

You can reach an amicable agreement, but then you will have to divide it not through the court, but through a law office. To do this, you will need a minimum package of documents, and we will tell you about it additionally.

But if you need to write an application for division of property after a divorce, you will have to collect certain documents:

• First, you will need to write the claim itself. It and a copy will need to be submitted along with the rest of the package of documents. The statement of claim is the most important part of the entire package, since in it you describe your problem in detail and indicate factual data on certain factors that will help the court more correctly carry out the division of property;
• Secondly, there must certainly be a receipt for payment of the state fee, since court services are not free and you will have to pay for the division of property both the first and subsequent times. Moreover, if the state duty on this issue is uniform and the same for everyone, then the following payments may differ significantly from each other, since they will depend on the value of the property being divided;
• Thirdly, you will need to attach to all this a marriage certificate, as well as a divorce certificate (if you already have one at the moment. If it is not there, then you only need to attach a marriage certificate). You need to submit original documents, but you also need to make copies of them;
• Fourthly, if children were born in the marriage, then copies of their birth certificates are needed. This will play an important role in the division of property by the court, so be sure to take care of this issue ahead of time by obtaining the relevant documents (copies will be needed, but originals may also be required);
• Fifthly, the presence or absence of copies of documents for jointly acquired property plays a big role in the division of property. These can be various checks, receipts or other documents confirming purchases during the time you were married.

In order to avoid errors, it is better to take a sample statement of claim, as well as receipts for state fees, directly from the court, where you will deal with these issues.

If one of the spouses does not agree with the value of the property indicated by the other, then the court orders an independent examination, which is also paid and its price depends on the value of the property itself.

A claim for division of property after a divorce can be written directly during the divorce, and then all the necessary examinations will be assigned.

Or you can make a statement of claim for the division of property after a divorce with an independent law firm and then come to court with it, attaching the received document.

It is advisable to divide joint property after a divorce quickly, since there is a high probability that in a few years the necessary documents will be lost and you will not be able to obtain what you will need as evidence for an adequate division. At the moment, anyone can really easily and simply get involved in this business, since there is no need to have any special experience or knowledge. Everything is done really easily and simply, but to be sure, you can invite a lawyer.

In addition, today there are specialists who handle civil divorce cases specifically, so their experience in dividing property will be invaluable for anyone - for those who need to divide only a few elements or for those who will have to divide a large amount of everything.

Division of property after divorce: filing a claim, division in the event of a mortgage

When is it better to divide property and what is this process? How to divide an apartment purchased with a mortgage during a divorce, and who pays the loans when it is no longer possible to save the marriage? In this article you will find answers to the questions posed, and you will also be able to download a sample claim for division of property.

The division of property is an almost integral part of the divorce process, except in cases where there is simply nothing to divide. Property can be divided directly, both during the divorce process and after the dissolution of the marriage. The Family Code of the Russian Federation establishes a limitation period for this type of claim - 3 years.

Statement of claim for division of property after divorce

The division of property between spouses can be carried out either after peaceful negotiations and a decision has been made, or in court, when it is not possible to divide the property by contract. You can go to court with a claim for the division of jointly acquired property at any time after the divorce until the expiration of the period established by law.

It is worth noting that the three-year statute of limitations established by the Family Code of the Russian Federation begins to run from the moment one of the spouses learned about the violation of their rights, and not from the date of divorce.

The statement of claim is filed by the plaintiff at the place of residence of the defendant or at the location of the property, if we are talking about real estate. The claim is filed with a magistrate if the value of the property does not exceed 50,000 rubles; otherwise, the civil case will be under the jurisdiction of the district court.

The price of the claim is equal to the value of the property, based on which the state duty is paid!

A statement of claim for the division of jointly acquired property, like a claim for divorce, is drawn up in accordance with the norms of civil procedural legislation and must include all the necessary information to resolve the case on the merits. The claim must include:

• to which court the application is being filed, information about the plaintiff and defendant, as well as the price of the claim - all this is written down in the upper right corner of the document;
• “head” of the document - Statement of claim for the division of jointly acquired property of spouses whose marriage is dissolved;
• descriptive section in which data is recorded:
• on the registration of marriage, as well as on the date and place of its dissolution;
• it is noted that the division of property was not carried out during the divorce process;
• property acquired jointly during marriage is listed, and it is better, if possible, to indicate the dates of acquisition of the disputed property and the types of purchase transactions, to whom it was registered, etc.;
• describe what, in the plaintiff’s opinion, should be transferred into his ownership and on what basis;
• describe what, in the plaintiff’s opinion, should be transferred into the defendant’s ownership and on what basis;
• you can ask (offer) compensation if the defendant’s share is greater (less) than the plaintiff’s share, about which it is necessary to provide a report based on the market value of different types of property;
• What follows is the final part of the statement, where, on the basis of Art. Art. 131-132 of the Civil Procedure Code of the Russian Federation, the plaintiff asks the court to recognize the shares of jointly acquired property as equal, to divide the property, allocating the necessary shares to the plaintiff and defendant, and to recover compensation from the defendant (if necessary);
• A list of documents is attached, the date of writing the application and the signature of the plaintiff are indicated.

The following documents must be attached to the application for division of property after divorce:

1. a copy of the statement of claim;
2. a copy of the marriage certificate (if available) or vital record;
3. a copy of the divorce certificate;
4. a receipt confirming payment of the state duty;
5. documents confirming ownership of property - certificates of ownership, purchase and sale agreements, sales receipts, etc.

What and how to share

As a rule, jointly acquired property is divided equally between spouses, unless otherwise provided for in the marriage contract.

Property that was acquired by each spouse before marriage or after divorce, as well as property received as a result of privatization, inheritance or gift, is not subject to division.

In addition, personal belongings of spouses, including shoes and clothes, are not subject to division, but jewelry and luxury items can be included in a claim for division of property.

The value of the property is determined by the plaintiff at the time of filing the claim, based on its market value, taking into account depreciation.

Division of property after divorce: mortgage

The question of how to divide an apartment purchased with a mortgage and the actual mortgage debt from former spouses appears quite often today.

The answer to this is quite simple: in accordance with the Federal Law “On Mortgages”, an apartment purchased under a mortgage agreement during marriage is jointly acquired property of the spouses and is subject to equal determination of shares, regardless of who it is registered in the name of.

However, it is worth noting that the responsibilities for repaying the mortgage loan are also divided in half between the spouses.

Important! To divide a mortgaged apartment, it is necessary to obtain the consent of the bank, since the apartment is pledged to it.

Options for dividing an apartment with a mortgage:

• if the bank agrees to the division of property, the apartment is divided between the spouses in certain shares, who make mortgage payments in accordance with these shares;
• If the bank does not agree to the division, the debtor remains the spouse to whom the mortgage is issued. In this case, the spouses either come to an agreement to sell the property, repay the debt to the bank and distribute the remaining funds among themselves, or one of them renounces his share in favor of the other and receives compensation. If the mortgage agreement with the bank remains with the previous borrower, there will be no problems; when renewing the agreement for another person, it should be understood that the bank has the right to check the solvency of the person who undertakes the obligation to repay the loan and refuse if the results of the check are unsatisfactory.

If real estate was purchased by one of the spouses before the wedding, and payments were made during the marriage, the second spouse may claim compensation for part of the payments or claim part of the apartment, in accordance with the amount of payments during the marriage.

Division of property during divorce: loans

After a divorce, many spouses naively believe that debts incurred while living together, but registered in the name of the other spouse, no longer concern them, which is far from the case.

The Family Code of the Russian Federation clearly argues that if the loan was issued by a person who is officially married, then the funds were used for family purposes, which means the debt must be repaid jointly, that is, when dividing property, loan payments on the remaining debts must also be divided equally between the spouses .

It is worth noting that in some cases the legislation may not take into account the equality of spouses in rights and obligations if it is required to protect the interests of one of them or minor children.

In addition, after a divorce, if one of the spouses fails to fulfill his loan obligations, the bank can turn its claims to the other of them, since when concluding a loan agreement, the husband or wife by default acts on behalf of his spouse. The debt of one of the spouses can be recognized as personal if there is appropriate evidence; only in this case the former other half can be released from the obligation to pay the debt in court.

Division of property during divorce: car

The division of property such as a car is one of the most difficult aspects in such disputes. The thing is that, according to the law, motor vehicles are indivisible property, which means it is impossible to divide it into parts and shares.

The best option for dividing the car would be if the spouses come to an agreement where the car remains with one spouse, and the other receives other property in return.

If there is no agreement, the court can make such a decision, for example, leaving the wife an apartment in which she will live with the children, and handing over the car and the dacha to the husband.

When filing a claim for division of a car between spouses after a divorce, it would be a good idea to take care of determining the value of the car in advance by ordering an independent examination.

However, there are situations when a car is the only major joint property of divorced spouses. the court may award a vehicle to the spouse who drove the wheel more often than the other during the marriage, while he will be obliged to pay monetary compensation to the second spouse in the amount of half the cost of the car, taking into account its current price.

Division of property after divorce - important points

Nowadays, a significant part of married couples separate after some time, and the reasons for this can be very different, so the question of how property is divided after a divorce is quite relevant for former spouses.

It is important to understand that this process can occur both after a divorce and during it, it depends on the former spouses and their plans for the divorce process. Let's look at the main aspects of this process to understand the action plan that is important to follow.

Methods for dividing property

It is important to understand that after divorce you will be able to divide joint property not only through the court. This option should be considered only as a last resort, which takes place in situations where the spouses have not found a compromise between themselves.

Note! Only property that is considered family property is subject to division, and it is not necessary that it be registered in the name of both spouses at once.

It is worth understanding that the shares of each of them may also be affected by the contribution to all acquired property.

There are only three ways to divide property, we are talking about:

• marriage contract;
• reaching agreement between both parties;
• trial.

Particular attention should be paid to the first point, since the presence of a marriage contract and clauses on the division of property in it can help to avoid the difficulties of this process, because you do not have to think about the trial. The fact is that marriage contracts often stipulate important aspects of divorce, including property. Perhaps the decision was already made in advance, and you simply forgot about it.

This document is drawn up only with the consent of the spouses, and it will only be valid if it is immediately certified by a notary office. This is important to take into account, since the document contains many important points that you need to know about.

It is worth noting that the most preferable option is the one in which the former spouses can agree on the division themselves, because in such a situation it is much easier to solve the problem, but, unfortunately, many make a terrible mistake - they neglect to have the agreement certified by a notary, which is why it has absolutely no legal force.

If it was not possible to draw up an agreement, and the former spouses did not find a compromise, then you need to think about how to file for division of property in the judicial authorities. It is important to understand that in the process of agreement outside of court, two property regimes can be established, which are worth remembering.

We are talking about common property, when spouses have a certain share in one object, as well as separate property, when property is divided, and certain objects of it completely become the property of a particular spouse.

How much time do you have after a divorce to divide property?

This question may seem difficult for many people, since it is not the period of division after the divorce itself that is taken into account, but the statute of limitations, which is 3 years.

This means that 3 years are counted from the moment the court notifies the spouse that a violation of the rights relating to joint property has occurred.

Most often, it is the spouse whose rights were violated who go to court.

Based on this information, we can conclude that the division of property can occur at almost any time, and the period that has expired since the divorce is not particularly important for the reasons previously described.

Let us also note the peculiarity that it is better not to delay this process, but to do everything in the first years, since then problems will definitely not appear.

Otherwise, you will need to first prove the legality of the claims for division of property.

Which documents must be submitted to the court for the division of property?

In order for the court to consider your problem, you must provide all the documents from the following list:

• passport;
• a statement indicating the date of divorce, as well as a detailed description of all common property and its price according to the assessment;
• certificate confirming divorce;
• all documents for property acquired jointly (that which will need to be divided);
• an act of valuation of all property by special companies.

Important! The court has every right to request any additional documents, and it is impossible to say that this is the initial list. Request a list of required documents specifically for your situation.

What can affect the shares of spouses?

According to the Family Code, former spouses have equal rights to acquired property, that is, each of them should receive 50%, but this does not always happen. For example, shares can be adjusted if the spouse proves in some way that his contribution to the acquisition of property was greater. You can also achieve an increase in the share if:

• minor children or disabled children requiring care will remain with him;
• the other spouse, despite his ability to work, did not run a household, did not work and did not raise children (this must be proven in court, and also confirm that there were no good reasons for this);
• the other spouse drank alcohol in excessive quantities or even took drugs; sometimes the share can be increased if one proves a propensity for gambling or any other options that negatively affect the size of the family property.

What documents are needed for the division of property after a divorce and how to submit them

While living in marriage, spouses without hesitation acquire real estate, equipment, things, open a family business and much more. But unfortunately, not all marriages are concluded once and for life.

When a life together is on the verge of divorce, the issue of division of property causes a lot of controversy and misunderstanding: what rights does each spouse have to the property? What documents are needed to confirm ownership of property? How to file for division of property after divorce?

What property cannot be divided

Before starting the division of property, it is worth limiting the list of things that cannot be divided after a divorce:

• Property owned by spouses before entering into legal marriage;
• Property that was donated or left as an inheritance to one of the spouses, even if he was legally married at the time of the gratuitous transaction.

Important: if during marriage property or another type of gratuitous transaction was significantly improved by jointly investing the spouses’ funds and there are documents confirming this, then after the divorce the division will be carried out according to the general rules.

• Personal items - clothing, hygiene items, unless they are of particular value. If things are particularly expensive, it is advisable to draw up an agreement that will spell out the nuances of their division during a divorce;
• Copyrights and patents of each spouse;
• Property acquired by spouses after divorce;
• Children's belongings and accounts opened in their names. This property automatically remains with the parent who provides support for the minor children.

The rest of the “goods” acquired during the period of family life are considered common and are divided according to established procedures, if a peace treaty is never reached.

After a divorce, debt obligations are subject to division in equal shares between both spouses. The only exceptions can be in cases where:

• The loan/debt was taken out for personal needs (renovating your own apartment, car, games, entertainment). In this case, it is necessary to provide documents confirming the fact of using the money for personal purposes. Then the court may consider the loan a personal obligation of one and the spouses;
• A loan/debt that the second spouse didn’t know anything about. It is necessary to provide evidence that the loan was actually issued without the knowledge of one of the spouses.

Property division options

There are two options for dividing property: contractually and through the court. After court proceedings, it is more difficult to reach a peaceful resolution of issues.

Voluntary division of property between spouses

If the spouses managed to conclude a peace agreement on the division of property - in words - this is wonderful. But this is a great rarity, which practically never occurs after family life leading to divorce. You can go the other way and take care of the possible division of property in advance.

Conclude an agreement setting out the conditions for using the common property. The document can be signed even while married, this will eliminate possible problems with the division of property. According to the agreement, each spouse voluntarily determines his share and the rights to use it in the property.

The agreement must be certified by a notary.

The second way to resolve the situation peacefully is a marriage contract certified by a lawyer. The document can be drawn up before entering into marriage or during it. But in this case there are also some nuances:

• If it is proven that the agreement was drawn up under pressure, on frankly convenient terms for only one of the spouses, the court has the right to consider the case in the usual manner;
• If a document is not notarized, the court may consider it invalid.

Note: in a state of euphoria from falling in love, when it seems that this is a once and for all life, newlyweds consider a prenuptial agreement to be something offensive. Why do they need these conventions, because they love each other so much? In the meantime, this document drawn up in advance will allow you to avoid a lot of problems in the event of a divorce, saving not only time on litigation, but also nerves and effort.

Division of property through court

Newlyweds, inspired by high feelings, do not often think about divorce, which is why marriage contracts and documents confirming that a voluntary agreement has been reached are very rare. Therefore, property acquired during marriage is divided equally between the ex-husband and wife. But there are some nuances here too:

• If funds for the acquisition of common property were taken from the sale of personal property of one of the spouses. For example, a husband sold an apartment that he had before marriage, and already, being a family man, he bought a car with this money. In this case, the court must submit documents, witnesses and other evidence that personal funds were spent;
• The court may deviate from the general rules if one of the spouses has not brought income to the family for a long time or has not fulfilled his marital duties, without good reason;
• If one of the spouses hid or transferred property purchased during the marriage to a third party;
• The court may deviate from the classic 50/50 property division scheme, guided by the interests of the children. For example, after a divorce, a child remains dependent on the mother. They move to a new apartment, which does not have a washing machine or refrigerator. In this case, the court may award “necessary” things to the mother and child, even if this violates the principle of balance.
• In such controversial situations as the division of property that is physically indivisible into two parts, for example, a car, the court leaves it in the ownership of one of the spouses. The second receives monetary compensation equal to 50% of the cost of the car or the parties enter into an agreement on terms convenient for them.

Note: a husband and wife can start dividing family property while still in a legal relationship or after its actual termination. While married, they can only share the property they currently have.

Limitation period for division of property

Spouses have three years from the date of divorce to submit documents for the division of common property. But if one of the spouses was found to have violated the rights to a share in the property of the other, then the period is calculated from that moment.

Legal subtleties

For example, imagine a situation: spouses connected by legal marriage purchased a dacha, and, therefore, it became jointly acquired property. The dacha is registered to the husband. Spouses are divorcing, but are in no hurry to divide common property.

But at the same time, each of them knows that he claims 50% of this dacha. And so 6 years pass. According to the Investigative Committee, the statute of limitations has already expired. But this is not entirely true. The rights of the ex-wife were not violated, and therefore there was no need for her to go to court.

But, after some time, the wife learns that her ex-husband sold the dacha to a third party. This action is a direct violation of the wife’s rights to her share in the jointly acquired property; she has the right to file a claim in court.

It is from this moment that the countdown of the permissible three years begins.

Which court considers a claim for division of property?

The magistrate considers the claim only if the value of the common property does not exceed fifty thousand rubles. When the amount is higher, the application is sent to the district or city court.

You can submit documents at your place of actual residence (if you have a document confirming temporary registration) or at your place of registration.

If the ex-spouses owned real estate and plan to divide it, then for the convenience of considering the case, the claim is filed according to the territorial location of the property.

After the statute of limitations has expired, it is impossible to carry out “division” through the court. Each spouse has the right to file for division of property. Despite the fact that the statute of limitations is quite flexible, you should not delay the division of property.