Invalidation of an agreement on the division of marital property

A property division agreement is one of the documents that helps facilitate the divorce procedure. The spouses sign an agreement about what share of the jointly acquired property will go to the wife and what will remain to the husband.

But in some cases it may be necessary to invalidate the property division agreement. The reasons for this can be completely different.

From mistakes when drawing up a paper to coercion of one of the spouses.

Grounds for invalidating an agreement on the division of marital property

The first thing worth mentioning is that this document is a bilateral transaction. Both spouses sign the document voluntarily.

• This means that civil law is also applicable to the agreement.
• Including the opportunity to challenge the transaction.
• To do this, one of the spouses will have to go to court and prove that there are good reasons for canceling the agreement.

Family law does not regulate agreements of this kind. Therefore, the annulment occurs in accordance with Articles 168 and 169 of the Civil Code.

Contradiction with the law

If the agreement contains any clauses that are contrary to the Civil Code of the Russian Federation, then Themis may declare the agreement invalid. For example, in the case when the transaction violates the rights of joint children.

Another option is that the paper may contain a clause that has nothing to do with property issues. For example, one spouse must come and clean the other’s house every week.

The court may also invalidate a fictitious agreement that was concluded in order to avoid confiscation of property for non-payment of a loan or mortgage.

In this situation, the husband and wife can even continue to live under a common roof, but all the property after the divorce will go to only one of them. Such actions are considered illegal.

Incorrect indication of property

If these rules are not followed, the agreement can either be canceled, or missing clauses will be added to it or unnecessary ones will be excluded.

Also, a reason to challenge the agreement may be the inclusion in the list of items that do not legally belong to either party.

For example, one of the close relatives lived with the husband and wife for some time. He bought all the furniture and household appliances for the house. These items were also included in the property division list. But this relative can write a petition to have his things excluded from the list.

Spouse's incapacity

1. If at the time of signing the agreement the husband or wife was declared incompetent, then Themis will recognize this document as invalid.
2. According to the law, an incapacitated person cannot make decisions independently, much less sign official papers.
3. To cancel the transaction, you just need to bring a doctor’s certificate to the court.

If a person is recognized as partially incompetent, and the contract was drawn up in the absence of his legal representative, Themis will also cancel this agreement.

Blackmail and pressure from a spouse

Or confirmation that the husband or wife was blackmailed.

For example, a man threatens to beat a woman if she does not sign and refuse to claim an apartment or car.

When a woman manages to record or videotape such words, she can safely go to court. And Themis will definitely take her side.

How to invalidate a property division agreement

This kind of document can only be challenged in court. In addition, only those persons whose interests are directly affected by this agreement can initiate a claim.

Where to contact

If one of the spouses, after a divorce, disagrees with how the property was divided, despite the fact that they signed an agreement, he must appeal to the appellate court.

You need to write a statement of claim to the court that handled the divorce of the former spouses.

Statement of claim and other documents

A petition to Themis is drawn up as follows.

At the top of the application, the details of the court where the paper is sent are written down, as well as information about the plaintiff and defendant - full name, residential address and, if possible, telephone numbers.

Next, the text of the statement itself is compiled. Here it is important to indicate when and in which court the divorce proceedings took place. Next, you need to write down how the property was divided according to the agreement. After this, the reasons why the contract should be declared invalid are entered into the text.

The text of the application must also contain the plaintiff’s demands - either to cancel the agreement, declare it invalid, or amend it (delete or add any clauses).

Also, when appealing to Themis, the plaintiff must refer to articles of the Civil Code of the Russian Federation.

Evidence must be attached to the application. It can be:

• Any documents and certificates that may have a direct or indirect impact on the course of the case;
• Audio or video recordings indicating who and when they were made. Such confirmation is especially relevant in cases of blackmail or threats;
• Testimony of persons who are aware of circumstances that may influence Themis’ decision;
• Bank statements and various certificates can also serve as evidence;
• The results of an examination that may be appointed if the court has questions based on any information provided by the plaintiff or defendant.

A copy or original of the marital agreement on the division of property is also attached to the application.

In addition, the plaintiff must pay a state fee, which currently amounts to 300 rubles.

Deadlines

• The ex-husband or wife can appeal the marital agreement within three years after this document was drawn up and signed by both parties.
• But according to Article of the Civil Code No. 181, the period for persons who are not directly involved in the transaction, but the contract in one way or another affects their interests, is 10 years.
• This is due to the fact that these persons may be relatives and acquaintances and simply not know that the divorce of their former spouses affects them in property matters.
• To challenge an agreement on the division of property, experts advise contacting competent lawyers.

Firstly, an experienced lawyer will help you draft your application correctly.

Secondly, he will tell you what documents and evidence you need to prepare in order to successfully protect your rights in court.

It is not difficult to recognize an agreement on the division of property as invalid; the main thing is to present compelling arguments to Themis and competently structure the appeal text.

Invalidation of an agreement on the division of marital property

 

The relationships between people who decide to break off their marital relationship are subject to not only family law, but also civil law. Both husband and wife can have not only personal property with which they entered into a marriage union, but also jointly acquired property.

The division of jointly acquired property peacefully is a transaction protected by law, but not all former spouses are able to conclude a bilateral agreement with the preservation of all legal norms and without illegal consequences.

This transaction may be declared invalid, and its legality will be challenged in court.

Important: Only a court has the right to invalidate an agreement on the division of joint property. Family law has nothing to do with the property of spouses; it defends the rights of children after parents’ divorce, establishes alimony and its amounts, and determines the child’s place of residence. Material issues are regulated by civil law, and legal assistance will be provided to you by a lawyer with experience in this legal field.

1. The agreement contains points that contradict current legislation. A parental agreement should not deprive minor children or affect their interests.
2. The spouses entered into a settlement agreement in order to hide from the state another agreement that was not related to their divorce. This is what people do who do not have the goal of filing a divorce without the participation of the court and without involving minor children in the process. The goal in this situation is to create consequences that are contrary to the law.
3. One of the spouses intends to create illegal consequences of the agreement. For example, transfer jointly acquired property to a former partner in order to get rid of debt obligations. In this case, a third party - the creditor has the right to go to court and challenge the transaction, which will entail illegal consequences and violation of the Civil Code.
4. Incapacity of one of the former spouses or both of them. Legal capacity is the ability of an individual to exercise his constitutional rights and fulfill his duties to the state. Legal capacity begins at the age of 18. No one, except the courts, has the right to deprive a citizen of the Russian Federation of legal capacity or limit it. Capacity presupposes the fact that an individual is self-aware.
5. One spouse has limited legal capacity and entered into a transaction in the absence of his guardian (trustee).
6. One of the partners did not recognize himself as being legally capable. He was misled, subjected to manipulation, psychological or physical violence, threats, was in a state of drug, alcohol, or medication intoxication - that is, he could not show free will.
7. Spouses share property, the disposal of which is not permitted by the rules and regulations of the law. In this legal situation, the court will invalidate the division of only the above-mentioned property; the remaining points will remain unchanged.

One of the former spouses and/or citizens whose rights are violated by the contract can apply to the judicial authority to declare the transaction invalid.

If you find yourself in a similar situation and doubt the legality of your agreement on the division of jointly acquired property, contact an experienced lawyer with a specialization in Civil Law.

It will help you not to be left homeless or without a livelihood, and will protect you from violating civil law.

Approximate procedure for a person whose rights are violated by the division of property:

• Evidence is being collected that the agreement is illegal.
• A statement of claim is drawn up in compliance with all legal norms and submitted to the office.
• State duty is paid. Without payment, the claim will be kept in the office without movement.
• The plaintiff participates in court hearings.
• The plaintiff receives a binding court decision.

All grounds for recognizing a peace agreement on the division of jointly acquired property must have evidence. The plaintiff - one of the former spouses or a third party - must find evidence of the legitimacy of his claims. Evidence may include:

1. Arguments of the plaintiff and defendant, presented orally . These data are considered in conjunction with documented evidence. If a party agrees with oral arguments, he is automatically freed from the need to prove them.
2. Witness's testimonies . The parties have the right to request that witnesses be called to provide evidence to the court. These persons provide the court with information on which the decision of the authority depends.
3. Documented evidence – letters, receipts, contracts, acts, bank statements and certificates.
4. Expert assessments . To obtain some data and evidence, it is necessary to evaluate people with specialized knowledge and qualifications. Since legal capacity is a key factor in recognizing a peace agreement as valid, the authority often resorts to the services of psychiatric experts. The court has the right to order any examination. Experts' conclusions are considered evidence and are considered by the court along with other arguments.
5. Video evidence and audio evidence that will support or refute arguments made orally or presented in writing.

No proof is needed: generally known facts, as well as facts whose authenticity has been established by a court and a notary. You can request the necessary evidence administratively.

The statement of claim to recognize the peace treaty as illegal contains:

• The name of the judicial body in which the claim is filed.
• Personal details and place of residence of both parties.
• Statement of the essence of the case with all the key details. The plaintiff must describe the essence of the problem in a business style, state all the available circumstances and data. It is necessary to indicate when and where the deal was concluded and what its terms were.
• Reasons why an agreement between spouses should be declared illegal. If the property rights of a third party, child, husband or wife were violated, this must be indicated and described in detail.
• Links to current legislation. The Civil Procedure Code of the Russian Federation has 11 articles that regulate the property relations of spouses in marriage.
• The plaintiff's claims. The court may invalidate: the agreement of the former spouses or the consequences of the agreement.

The court can satisfy or not satisfy only the requirements set forth by the plaintiff. If the plaintiff has not demanded that the consequences of the contract be invalidated, they will not be recognized as such.

An ordinary citizen of the Russian Federation does not know many of the nuances of civil legislation and cannot fully protect their rights.

A timely call or visit to a lawyer will help you avoid troubles and get out of the divorce process with minimal losses.

This claim is filed with the judicial authorities at the place of residence of the defendant. Russian legislation makes no exceptions in this regard. If you do not have the opportunity to travel to court hearings in another locality, write out a power of attorney in the name of your representative (civil law lawyer).

During the trial the court:

1. Comprehensively considers the plaintiff's application.
2. Reviews all evidence.
3. Requests administrative documentation when necessary.
4. Hears the parties, their minor children or third parties.
5. Listens to testimony.
6. Gets acquainted with video recordings, audio recordings, photographs, which are also arguments.
7. Retires to the meeting room to make a decision.
8. Makes a decision whether to satisfy or not to satisfy the claim.

The parties to the process receive:

• The operative part of the court decision.
• Full document.

If the court finds the agreement and its consequences invalid, joint ownership of the property is renewed. Spouses again become full owners of movable and immovable property.

Everything acquired during the years of marriage becomes controversial; the ex-husband and wife will have to divide it on other terms that do not create illegal precedents.

The new terms of the agreement should not again deprive children and third parties.

If the demands of the interested party were not satisfied and the transaction was recognized as valid, this citizen has the right to file a complaint with a higher court. Cassation appeals are filed in the Russian Federation within 30 days from the date of the process.

The statement of claim to the court must be accompanied by the following documents:

• Actually a marital agreement.
• Bank statements.
• Certificates and letters.
• Certificate of payment of state duty. Individuals pay 300 rubles, and for enterprises, companies, firms and other legal entities the fee is 6,000 rubles.

The accompanying documentation is copied according to the number of court participants - at least three copies.

Lawyers note: dividing jointly acquired property into unequal “shares” is a normal practice of civilized people. Sometimes one of the spouses is not able to bear the expenses that the responsibilities of owning property impose on him.

The second spouse can meet him halfway without creating illegal precedents. The advantages of posing the question this way are that former relatives do not become enemies and do not enter into a long-term conflict.

During the preparation of a peace agreement on the division of property, the husband and wife can divide everything acquired during the marriage in half or into conditional “shares”. This right is protected by law, Article 39 of the RF IC. In this case, any options other than “zero share” are acceptable.

The deprived spouse should know that his rights are being violated and that he has the right to seek the assistance of a lawyer who will help with filing an application in court. A deal in which one of the former spouses receives 100% of the property, and the other - nothing, is illegal in any case.

If one of the partners refused his part of movable or immovable property acquired in a legal marriage, he has the right to demand monetary compensation in an equivalent amount.

If one individual renounces his rights to own and dispose of property in favor of another individual, we are talking about a gift agreement.

This transaction is concluded under different legal standards; it fully protects the recipient and does not provide any guarantees to the donor. In this case, the new owner of the property has the right to dispose of it as he pleases, but without damaging the property itself.

Without knowing this nuance of the law, you can deprive yourself, minor children and create illegal consequences of a legal transaction.

The division of jointly acquired property by drawing up an agreement is a common legal practice. You don't have to have conflict to stop being spouses. The former husband and wife have the right to dispose of movable and immovable property and plots of land.

Invalidation of an agreement on division of property

An agreement on the division of property acquired jointly by spouses is a bilateral transaction, and therefore the norms of civil law are applied to it, including the grounds for recognizing its invalidity. The procedure for challenging such an agreement is identical to the procedure for challenging other transactions - it is carried out by filing a claim , to which both spouses and other persons have the right, and considering the case in court.

The claim must contain not only a demand for recognition of invalidity, but also for the application of the corresponding consequences - the restoration of common ownership over the disputed property.

The absence of such a requirement entails its absence from the court decision, which will not allow the plaintiff’s property rights to be fully protected.

Grounds for invalidating an agreement on the division of marital property

The agreement on the division of common property takes the form of a bilateral transaction . Since family law does not regulate the procedure for concluding, amending, terminating and other aspects of an agreement on the division of property of spouses, according to Art. 4 IC (Family Code) of the Russian Federation, the norms of civil legislation apply to them.

Based on this, an agreement on the division of jointly acquired property between spouses can be declared invalid only on the general grounds specified in Art. 168 - art. 179 Civil Code (Civil Code) of the Russian Federation. Family law does not provide any special grounds for this.

Thus, an agreement on the division of joint property of spouses may be declared invalid by the court if such agreement:

• contains provisions that contradict the requirements of any law or other regulatory act (Article 168 of the Civil Code of the Russian Federation - Civil Code of the Russian Federation). This basis can be applied in general cases when an agreement is contrary to the law (for example, it violates the rights of common children), but there is no special basis for its invalidity;
• concluded only for show , without the intention of creating legal consequences or with the intention of covering up another transaction (Article 170 of the Civil Code of the Russian Federation);
• was concluded by a spouse declared incompetent (Article 171 of the Civil Code of the Russian Federation);
• concerns property, the disposal of which, according to insolvency legislation, is prohibited (Article 174.1 of the Civil Code of the Russian Federation). It should be taken into account that such an agreement will be declared invalid to the extent that it relates to property, the disposal of which is prohibited;
• was concluded by a spouse limited in legal capacity without the consent of his guardian (Article 176 of the Civil Code of the Russian Federation);
• was concluded by a spouse who was unable to understand the meaning of his actions (Article 177 of the Civil Code of the Russian Federation) or under the influence of misconception (Article 178 of the Civil Code of the Russian Federation), deception, violence and threats (Article 179 of the Civil Code of the Russian Federation). Concluding transactions in the presence of such factors excludes the true expression of the will of the spouse, and therefore such agreements will be declared invalid.

Example

Citizen B owes the Alliance housing cooperative the amount of damage, as determined by the court. Immediately after this decision was made, B entered into an agreement with his wife M on the division of jointly acquired property, according to which almost all the property was transferred to M. When representatives of the housing cooperative learned about the agreement, they filed a lawsuit in court to declare it invalid.

In court, they argued that the agreement was concluded immediately after the decision to recover funds from B was made, which indicates an attempt to conceal liquid property from foreclosure.

In addition, B continued to use the said property, as stated by witnesses. Based on this, it follows that the agreement was concluded only for show, without creating specific legal consequences, which, according to paragraph 1 of Art.

170 of the Civil Code of the Russian Federation is an imaginary and therefore invalid transaction.

The court agreed with the conclusions of the housing cooperative, declared the agreement invalid and applied the appropriate consequences to it.

The procedure for invalidating an agreement on division of property

The recognition of an agreement on the division of property as invalid, as well as the application of the corresponding consequences to it, is possible only in court.

The circle of persons who are granted the right to file a claim in court to invalidate an agreement is limited to the parties to such an agreement, as well as to persons whose property interest may be violated by such an agreement .

The applicant needs to determine which category of invalid transactions the agreement belongs to - voidable or void. This determines who can file a claim and the range of claims that can be brought, and also affects the statute of limitations.

The procedure for recognizing the invalidity of an agreement consists of the following stages:

• Collection of evidence and preparation of documents . According to Art. 56 of the Code of Civil Procedure of the Russian Federation, each party has the burden of proof, and therefore, he will need to prepare documents that in one way or another indicate the existence of grounds for recognizing the invalidity of the spouses’ agreement.
• Payment of state duty . According to Art. 333.19 of the Tax Code (Tax Code) of the Russian Federation, the amount of the state duty when filing such a claim will be 300 rubles for citizens and 6 thousand rubles for organizations. A receipt for payment must be submitted along with the claim (Article 132 of the Code of Civil Procedure of the Russian Federation).
• Drawing up and filing a claim . When drawing up a statement of claim, the plaintiff must describe in detail all the circumstances of the situation, indicate the facts that are the reason for recognition of invalidity, justify the position with the norms of the Civil Code and present a list of claims. The claim is filed in court, taking into account the rules of Art. 28, art. 29 Code of Civil Procedure of the Russian Federation.
• Consideration of the case and making a decision . As part of the trial, the judge will examine all the evidence presented by the parties to the trial, listen to them and the testimony of third parties, and then decide whether the circumstances presented really contain a basis for invalidating the property division agreement.
• Execution of a court decision . The final goal of the process is not the fact of recognition of invalidity - in order to fully protect its property interests, the consequences of an invalid transaction must be applied, namely, the restoration of the legal regime of the spouses’ property (Article 167 of the Civil Code of the Russian Federation).

Statement of claim to invalidate the property division agreement

Recognizing the invalidity of an agreement on the division of common property in court requires the person interested in filing a statement of claim. According to Art. 28 of the Code of Civil Procedure of the Russian Federation, it is filed in court at the place of residence of the defendant , however, in the presence of the circumstances specified in Art. 29 of the Code of Civil Procedure of the Russian Federation, can be filed in court at the place chosen by the plaintiff.

The form and content of the claim must meet the requirements established by Art. 131 Code of Civil Procedure of the Russian Federation. Violation of these requirements entails a court ruling to abandon the claim (clause 1 of Article 136 of the Code of Civil Procedure of the Russian Federation), according to which the plaintiff will be given a period to eliminate the shortcomings.

The statement of claim, in addition to the standard names of the court, plaintiff and defendant, must contain the following information:

• Detailed description of the circumstances that arose between the spouses, preceding the conclusion of the agreement, as well as the circumstances that arose between the spouses and a third party, if he is the plaintiff. The property interest of such a person must be documented.
• How does the agreement concluded between the spouses violate the property rights and interests of the plaintiff, what does this violation consist of ? Thus, a division agreement concluded to remove property in order to avoid foreclosure will violate the property rights of creditors. If it is concluded, for example, with an incapacitated spouse, then it will violate the rights of such a spouse.
• Circumstances the presence of which gives grounds to invalidate the agreement. In fact, such circumstances must fall under one or more of the grounds specified in Art. 168 - art. 179 of the Civil Code of the Russian Federation and must be supported by documentary evidence or testimony. Please note that each of the statements in the application must have a legal basis in accordance with the law.
• The plaintiff must use the above circumstances to justify his claims , which must be indicated in the pleading part of the application. In addition to recognizing the invalidity of the contract and applying its consequences, the plaintiff may make other demands.

Evidence for invalidating a property division agreement

According to Art. 56 of the Code of Civil Procedure of the Russian Federation, the plaintiff is charged with proving the circumstances to which he refers in support of his claims to invalidate the agreement. Such evidence is facts that directly or indirectly testify to the reality of the specified circumstances.

According to paragraph 2 of Art. 55 of the Code of Civil Procedure of the Russian Federation, evidence obtained in violation of the law has no legal force Thus, the plaintiff can substantiate his claims only with those circumstances, evidence of which was obtained legally.

The plaintiff is not required to prove those circumstances that are generally known, established by a court decision or verdict, as well as by a notary. If the plaintiff has difficulties in obtaining evidence, in accordance with Art. 57 of the Code of Civil Procedure of the Russian Federation, he can petition the court to claim them . So, evidence can be:

• Explanations from spouses and third parties . The information presented by them and influencing the correctness of the consideration of the case is subject to evaluation along with all other evidence. If one of the parties accepts the explanations of the other party, then it is freed from the need to prove them (Article 68 of the Code of Civil Procedure of the Russian Federation).
• Witness's testimonies . They can be given by persons who know the circumstances that are important for the correct resolution of the case. The summoning of the necessary witness is carried out by petitioning for his summons before the court (Article 69 of the Code of Civil Procedure of the Russian Federation).
• Written evidence . Written evidence can be considered any documents (letters, acts, contracts, certificates) made in the form of a digital or graphic record and containing information necessary for the correct resolution of the case. They are presented to the court in the original or a certified copy (Article 71 of the Code of Civil Procedure of the Russian Federation).
• Audio and video evidence . If audio and video recordings are provided as evidence of the invalidity of the agreement, the plaintiff is obliged to indicate when, where and by whom they were recorded (Article 77 of the Code of Civil Procedure of the Russian Federation).
• Expert opinion . If the parties or the court have questions regarding certain information, the resolution of which requires the use of special knowledge, the court appoints an expert examination. However, according to paragraph 3 of Art. 86 of the Code of Civil Procedure of the Russian Federation, it is not mandatory for the court - according to its internal convictions, the court has the right to disagree with the stated conclusions.

Court decision to invalidate the property division agreement

Having examined all the circumstances of the case, explanations of the parties and third parties, as well as other evidence, the court retires to make a decision to invalidate the agreement of the spouses and apply the corresponding consequences or to refuse such recognition. The decision is made immediately after the resolution of the case, the operative part is announced by the court at the last meeting and signed by the judge who made it. The preparation of a full decision is postponed for no more than 5 days (Article 199 of the Code of Civil Procedure of the Russian Federation).

The court sets out its decision in the form of a written document. The content of the court decision must meet the requirements established by Art. 198 Code of Civil Procedure of the Russian Federation.

Based on the foregoing, the court decision to invalidate the agreement of the spouses on the division of common property must contain:

• basic details - the date and place of the decision, the composition of the court, the names of the parties and third parties and the subject of the dispute;
• the plaintiff’s demands for recognition of invalidity and the application of its consequences, the defendants’ objections in this regard, as well as the testimony of other persons. Please note that the court resolves the case within the limits of the requirements stated by the plaintiff. Thus, the absence of a requirement to apply the consequences of invalidity (Article 167 of the Civil Code of the Russian Federation) does not allow the court to apply them;
• the main circumstances established by the court as evidence of the invalidity of the agreement, evidence of these circumstances on which the court bases its conclusions about invalidity, as well as other arguments of the court;
• operative part , issued in the form of an unconditional order recognizing the invalidity of the division agreement and applying the corresponding consequences - restoring the legal regime of the spouses’ common property over the disputed property.

If the court did not satisfy the plaintiff’s demands, then the latter, in accordance with Art. 321 of the Code of Civil Procedure of the Russian Federation, has the right to appeal it within a month from the date of its adoption in final form.

Questions from our readers and answers from a consultant

Within what period can I, as a guardian of an incapacitated person, appeal an agreement entered into by him on the division of common property?

According to paragraph 1 of Art. 171 of the Civil Code of the Russian Federation, an agreement concluded with an incompetent person is void. According to Art. 181 of the Civil Code of the Russian Federation, the statute of limitations for applying the consequences of the invalidity of such a transaction is 3 years from the day when you, as a guardian, learned about the beginning of its execution.

Yes you can, for this, according to Art. 69 of the Code of Civil Procedure of the Russian Federation, you need to submit a petition to the court to attract a specific witness. It indicates his details and place of residence, as well as circumstances that are relevant to the case, which can be confirmed by a witness.

Statement of claim for invalidation of an agreement on the division of common property of spouses

To court

Plaintiff: 

                                                                          Respondent: 

The price of the claim is ………………….. rubles

STATEMENT OF CLAIM

From …… ……….. 19…….. to ….. ………….. 20……. I was married to the defendant for years. ….. …….. 20….. an agreement was concluded between us on the division of jointly acquired property, according to the terms of which, funds in the amount of …..

………….. rubles were recognized as the personal property of the defendant. The agreement further states that I am obliged to give her up to .... ……… 20….. years ……… rubles, and …………….. rubles to transfer within …… months in equal payments of ………….. rubles per month.

In pursuance of the agreement on the division of common property, I paid my ex-wife………. rubles…. ………… 20……. year, which is confirmed by a receipt. This amount was indeed the common property of the spouses at the time of the conclusion of the agreement on the division of property. The amounts are in the amount of …………. There were no rubles in the common property at the time of the agreement.

Part 2 art. 44 of the RF IC provides that the court may also declare a marriage contract invalid in whole or in part at the request of one of the spouses if the terms of the contract place this spouse in an extremely unfavorable position.

From the above agreement it follows that all common property was recognized as the property of one of the spouses.

In this case, I do not get some part of the common property, even if not half, but simply nothing, which puts me in an extremely unfavorable position in relation to the other spouse, i.e. the agreement completely deprives me of even part of what would be due to me upon division of property.

Due to the fact that I have already paid the defendant ...... rubles, i.e. all the money that was in the common property, then, as a consequence of invalidity, I consider that ………… rubles from them must be returned to me.

In connection with the above and on the basis of Art. 44 RF IC, art. 166, 167 Civil Code of the Russian Federation

ASK:

Recognize the agreement on the division of common property between spouses dated .... ………. 20…….. years, concluded between ………. and ………… an invalid transaction.

Apply the consequences of the invalidity of the agreement on the division of common property between spouses from ….. ………….. 20….. year, concluded between ………………….. and ……………………………. , collecting from …………….. in my favor …………. rubles

Application:

1. Copy of the statement of claim
2. State duty receipt
3. Copies of the agreement on the division of common property
4. Copies of the divorce document
5. Copies of the document confirming the transfer of …………… rubles

Invalidation of transactions made in relation to the property of spouses

Often, the issue of dividing common property is a headache not only for spouses, but also for third parties. Third parties enter into this area in connection with the emergence of legal relations with one of the spouses regarding the transfer of rights to property that is in common ownership.

It seems that the deal has been completed and everyone is happy, but the spouse whose rights have been violated comes into play. It is important to note here regarding the issue regarding the running of the limitation period.

The Family Code states: a three-year statute of limitations applies to the requirement to divide the common property of spouses whose marriage has been dissolved.

According to the specified provisions of the law, as well as clarifications of the Plenum of the Supreme Court, the limitation period for dividing the property of former spouses begins not from the moment when the marriage ended legally - with a seal and signature, but from the moment when the former spouse or former spouse learned or should have learned about your violated right.

In order to protect the property rights of a spouse who did not give his consent to the disposal of the common property of the spouses, the following procedural tasks should be solved: firstly, to establish the facts included in the subject of proof in cases of invalidating a transaction for the disposal of the common property of the spouses; secondly, to determine the evidence with which these facts can be confirmed; thirdly, to explore the prospects for resolving such disputes in the courts.

In case of disposal of common property by one of the spouses, the legislator establishes a presumption of consent of the second spouse. In the absence of consent, the second spouse has the right to demand that the court declare the transaction for the disposal of common property invalid only if the other party to the transaction knew or should have known about such refusal.

Part 2 of Article 35 of the Family Code of the Russian Federation establishes that when one of the spouses makes a transaction to dispose of the common property of the spouses, it is assumed that he is acting with the consent of the other spouse.

It should be noted that this provision on the need for a notarial agreement in the event of a transaction being declared invalid can only be applied if the transaction was completed during marriage.

Otherwise, that is, in the period after the divorce, it is necessary to be guided by the provisions of the Civil Code of the Russian Federation, in particular the rules relating to the ownership, use and disposal of jointly owned property.

Thus, according to paragraph 2 of Article 253, the disposal of jointly owned property is carried out with the consent of all participants, which is assumed regardless of which of the participants makes the transaction to dispose of the property.

The ex-husband knew about the donation, but did not give his consent to it. After completing the transaction, he went to court with claims to invalidate the gift agreement, recognize the specified house as joint property of the spouses and recognize the ownership of ½ share. The courts of first and second instance satisfied the requirements.

In satisfying the claims, the courts proceeded from the fact that the disputed property is the common property of the spouses, since it was acquired during the marriage under a compensated transaction.

Having established that the spouse alienated common property under a gift agreement without obtaining the notarial consent of the former spouse, the courts came to the conclusion that the transaction was made in violation of the provisions of Article 35 of the Family Code of the Russian Federation, which is the basis for declaring it invalid.

The Supreme Court of the Russian Federation, when considering the case in cassation, came to a different conclusion.

Thus, the Supreme Court of the Russian Federation indicated that a transaction related to the disposal of common property completed by one of the participants in joint ownership may be declared invalid at the request of the remaining participants on the grounds that the participant who made the transaction lacks the necessary powers only if it is proven that the other party the transaction knew or should have known about it.

The provisions of Article 35 of the Family Code of the Russian Federation regarding obtaining the notarized consent of one of the spouses when making a transaction to dispose of real estate by the other spouse apply to legal relations that have arisen between spouses and do not regulate relations that have arisen between other participants in civil transactions, which include former spouses. Also, the fact that the spouse knew about this transaction confirms the fact of his consent to the alienation of this property. Taking this into account, the case is sent for a new trial.

From here we summarize the above. The presence of a notarial consent of the spouse is necessary only in the case when the rule of law on this consent applies to these legal relations, and this directly depends on the time of the transaction and the presence or absence of marital relations.

But even the presence of a properly executed notarized consent to the alienation of property will not always be a basis for refusing requests to recognize transactions for the disposal of property as invalid.

The decision of the Armavir City Court of the Krasnodar Territory satisfied the claims for invalidation of the purchase and sale agreement and the return of the disputed property. The plaintiff husband executed a notarized consent for the disposal of jointly acquired property by his wife. The spouse alienated the property under a purchase and sale agreement.

But the value of the said property was assessed at twenty-nine times less than its market value. The first instance made the above decision.

The appellate court overturned the decision, refusing to satisfy it, indicating that the plaintiff gave consent to his wife to sell the disputed property at a price and on terms at her discretion, thereby determining the latter’s right to set the price of the property being sold independently, although the price of the disputed sale and purchase agreement was agreed upon by the parties property is significantly lower than its market value, but this does not indicate the illegality of the contract. The position changed when the case was considered by the Supreme Court panel.

In its ruling, canceling the appeal ruling and upholding the decision of the court of first instance, the court indicated that the deliberately unfair exercise of civil rights (abuse of rights) by virtue of the provisions of Article 10 of the Civil Code of the Russian Federation is not allowed, and if the court establishes such circumstances in actions of a party in a civil legal relationship, other measures provided for by law are subject to application, taking into account the nature and consequences of the abuse committed. The consequences of a transaction that violates the requirements of the law and the interests of third parties protected by law are provided for, among other things, by the provisions of Article 168 of the Civil Code of the Russian Federation.

This approach is certainly positive, because the property of the spouses is acquired at the expense of each of them, and when deciding on its division, the shares are recognized as equal and in most cases the property is valued based on average market values. In this case, we can even talk about the actions of the spouse to the detriment of the interests of the family, since the sale of property at a significantly reduced price undoubtedly has a negative property impact on both the financial situation of the family and its members.

To summarize, we can point out that when considering cases of this category, it is necessary to take into account such points as: the presence or absence of notarial consent to carry out transactions for the disposal of property; the moment of the transaction, it directly determines which law to follow; for what reasons did the spouse act when disposing of the property; as well as the fact that the spouse whose right is violated is aware of the transaction.