Statement of claim for determination of shares in joint ownership of an apartment

The Tax Code of the Russian Federation provides for the opportunity for citizens to use a property benefit once in their life when purchasing a real estate property - to issue a refund of 2,000,000 rubles.

If one person buys a home, then everyone understands that he also receives a deduction.

But how can you request a deduction if the spouses have common joint ownership of an apartment without a statement on the distribution of expenses? Let's try to understand this issue.

What is a tax deduction?

Property return is a benefit provided by the state. In other words, this is the amount that a citizen can return from the income taxes he pays.

The maximum amount an individual can count on when purchasing real estate is 2,000,000 rubles. In the case of a mortgage, the amount increases to 3,000,000 rubles.

All residents of the Russian Federation who, at the time of registration of the deduction, have a job and receive official income, that is, pay personal income tax in the amount of 13%, are entitled to the benefit. Recently, a similar right became available to pensioners who retired within the last three years.

Deduction for common joint property

If one citizen buys an apartment, then he also submits a declaration and receives a full refund of his income tax. But what to do in a situation where the property was purchased by spouses, and not as shared ownership, but as common ownership? Let's figure out how the procedure for registering a deduction occurs if there is common joint property without a statement on the distribution of expenses.

When purchasing real estate in joint ownership, the default assumption is that the spouses own the property equally, regardless of how much money each of them contributed to the purchase. This distinguishes joint ownership from shared ownership, where the shares of each co-owner are clearly stated.

According to current legislation, each spouse has the right to a tax benefit of up to 2,000,000 rubles if the price of living space exceeds 4,000,000 rubles.

Thus, in order to receive a refund, both husband and wife must fill out the 3-NDFL declaration at the Federal Tax Service inspection and write an application.

If the price of the living space is less, the spouses can agree with each other and divide the return in a different percentage, and not 50/50.

For the tax authority, it does not matter how the percentage of the deduction will be distributed. It can be not only 50/50, but also 60/40 or even 100/0, that is, only one spouse can receive personal income tax. This is beneficial in the following cases:

• one of the partners does not have an official income and cannot claim benefits;
• the husband or wife has previously used the deduction for another property;
• one of the spouses has much more income than the other, and it is more profitable for them to issue a deduction for it.

Before distributing the benefit in a ratio of 100/0, you need to carefully weigh the pros and cons. Having written an application to the tax authority, it will not be possible to change the distribution conditions in the future. On the other hand, a partner who does not receive a refund this time will be able to take advantage of the benefit on another property.

Deduction for shared ownership

The statement of claim is sent to the district judicial authority, accompanied by evidence of the money spent to obtain the apartment. It can be:

• bank statements confirming the withdrawal of a large amount from a personal account before the purchase;
• document confirming the sale of personal property;
• checks and receipts for construction and repair work.

The claim must contain the following information.

1. Name of the judicial authority with address.
2. Information about the plaintiff.
3. Information about the property - where it is located, when it was purchased, under what circumstances.
4. Justify your requirements - purchase and repair costs.
5. The plaintiff’s demands are to allocate shares in the apartment, in what amount.
6. List of attached documents - certificate of legal ownership, purchase and sale agreement, checks and receipts, bank statements, etc.
7. Date and signature.

After the shares have been determined, the spouses can contact the tax authority, where, depending on the money spent on the acquisition of the object, the percentage of benefits for each of them will be determined. If the property was acquired before 2014, the ratio is distributed according to the size of the parts.

Documents for receiving a deduction

In order to receive the benefit, the husband and wife must come to the tax office with the following package of documents::

• ID cards of spouses; 
• TIN; 
• document confirming legal marriage; 
• declaration 3-NDFL; 
• application for a refund. 

The application is written in any form, although the Federal Tax Service may have samples. It must contain the following information .

1. The name of the authority to which the application is sent, indicating the region or region.
2. Information about the applicants indicating full name, passport, TIN.
3. Information about the real estate - location, price.
4. Request for deduction.
5. Percentage distribution of the deduction.
6. List of attached documents.
7. Date and signatures of applicants.

The same documentation and application can be sent online in electronic form, or you can personally hand it over to a Federal Tax Service employee. After the entire package of documentation has been submitted, all that remains is to wait until the funds are credited to the account.

Claim for determination of share in joint property (sample) 2023

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Citizens can own property for years under the right of joint ownership. Moreover, each of them is the owner of the property in full.

For example, one of the owners may receive a personal income tax refund if they buy a house. However, to dispose of the object, citizens must register shared ownership.

Let's look at how to file a claim to determine shares in joint property.

Rules for determining shares in joint ownership

Joint ownership means the ownership of an indivisible object by two or more citizens. Each of the owners is endowed with equal rights and responsibilities in relation to the item.

However, they do not have specific shares in the property rights, therefore they cannot dispose of the property at their own discretion. The owner cannot sell the property, rent it out, or mortgage it.

The law provides for the following options for transferring property from joint ownership to shared ownership:

1. Chapter. Ownership is divided among all owners in certain shares. Joint ownership is terminated. Citizens become share owners.
2. Select. One of the owners allocates his share. The remaining portion continues to be jointly owned.
3. Allotment of share in kind. One of the owners allocates his share as a separate object. For example, when allocating a share of a residential building in kind, 2 apartments are formed. The remaining part remains under joint ownership (if there is more than one owner).

Regardless of the option for transferring ownership, the parties must agree on the size of the shares. This issue is resolved as follows:

• conclusion of an agreement on the determination of shares;
• filing an application with the court.

Thus, if it was not possible to reach an agreement with the co-owners, it is necessary to go to court.

Sample statement of claim for determination of shares in joint ownership of an apartment

Sample statement of claim for determination of shares in joint ownership of an apartment

Content

The application must meet the basic requirements for the claim. The document does not have a special form, but must comply with the law.

The claim for determination of shares must include:

• name of the judicial authority (full name and address);
• information about the applicant, including civil passport details and address of registration;
• co-owner details, including phone number;
• the price of the claim (the value of the share claimed by the applicant);
• amount of state duty;
• name of the application;
• data on joint ownership of the property;
• name and data of the disputed object (address, total area, cadastral number);
• details of title documents;
• reasons for the emergence of common property rights (privatization, inheritance, acquisition during marriage);
• information about attempts at pre-trial settlement;
• partition option according to the applicant;
• reference to law;
• claim;
• list of attached documentation;
• date and signature.

The application must be accompanied by documentation that supports the plaintiff’s argument.

Filling Features

The order of the section depends on the specific situation:

1. The spouse wishes to allocate ½ share in the joint property right. If the object was acquired during marriage, then he has this right. If the object is the personal property of the wife, then initially the object must be recognized as joint property. For example, a spouse made repairs to a house using personal funds or his own labor. If there is evidence of a significant increase in the value of the disputed object, the court may satisfy its demands.
2. The spouse wishes to receive more than ½ share. To do this, it is necessary to prove in the lawsuit that the wife led a riotous lifestyle and had bad habits that had a bad impact on the financial condition of the family.

Important! If the woman was a housewife and her husband worked, this is not a basis for increasing his share in the property. Also, living with one of the spouses and joint children is not a basis for increasing shares.

1. The parties are not spouses, and the disputed item is inherited. To change the equality of shares, it is necessary to carry out strong evidence. For example, the object was in the use of the plaintiff during the life of the owner. Or the apartment is the applicant’s only home, and the defendant has alternative living space.

The procedure for determining shares in joint ownership has features depending on the specific situation. Therefore, before going to court, it is necessary to obtain competent legal advice. A specialist will help in collecting documentation and preparing a statement of claim. To receive a free consultation, you can leave a request on the website.

How to determine shares in joint property

Initially, it is necessary to make attempts to resolve the issue voluntarily. Executing an agreement is a faster and more economical option for division.

If this option is not possible, then it is better not to delay. Depending on the type of property, it is necessary to carry out pre-trial preparation. For example, a land plot is subject to surveying, determination of boundaries and cadastral registration.

Procedure

Algorithm of actions for determining shares in joint property:

1. Collection of documents.
2. Preparing an application.
3. Payment of duty.
4. Submitting documents to the court.
5. Obtaining a court decision.
6. State registration of rights to a share.

Collection of documents

The statement of claim is drawn up on the basis of documentary evidence that must be prepared in advance. The court does not accept speculation. Therefore, all the facts stated in the claim must be confirmed.

List of documentation for the court:

• the applicant's civil passport;
• extract from the Unified State Register of Real Estate;
• title documentation (privatization act, purchase and sale agreement, certificate of inheritance rights);
• technical passport for an apartment or house;
• cadastral passport for the land plot;
• marriage/divorce certificate (if there is a dispute between spouses);
• receipt of payment of duty.

Where to apply

The application is submitted to the district court. Since the magistrate’s court considers property disputes regarding the division of property that costs no more than 50,000 rubles.

Since the issue concerns a real estate property, the application must be submitted to the court at the location of the disputed property.

Payment of state duty

Division of property or allocation of shares belongs to the category of property claims. Therefore, the duty is calculated based on the value of the disputed share.

The minimum duty is 400 rubles. The maximum amount of state duty cannot exceed 60,000 rubles.

Procedure for calculating state duty

No. Price of the disputed share (r.) Additional share of duty (%) Amount established by law (r.)

1	Up to 20,000	4	—
2	20 001 – 100 000	3	800
3	100 001 – 200 000	2	3200
4	200 001 – 1 000 000	1	5200
5	From 1,000,000	0,5	13 200

The fee is paid in a manner that allows the payment to be recorded. A mandatory condition is to attach to the statement of claim a receipt for payment of the state duty. However, the receipt must be official. Copies from online banks will not be taken into account.

Application Rules

The application can be submitted as follows:

1. The plaintiff personally. To do this, it is necessary to clarify the operating hours of the office of the required court. To visit the courthouse, you must present your passport and undergo an inspection by a bailiff.
2. By post. The most successful option. To do this, you must include all the documents, the claim, a receipt for payment of the duty, and a list of the contents in the envelope. Documents must be sent by registered mail with return receipt requested.
3. The applicant's representative. The authorized person must provide a notarized power of attorney and a civil passport to confirm his authority.

Filing a claim to determine shares in joint property is a complex procedure. Any dispute in court can turn either in favor of the applicant or against him. Therefore, it is necessary to prepare carefully. It is advisable to start the preparation procedure with legal advice. You can get help from a lawyer directly on the website. Leave your requests in the feedback form.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Statement of claim for determination of shares in joint ownership of an apartment

Home / Housing disputes / Statement of claim for determination of shares in joint property

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Joint property belongs primarily to the spouses. This includes an apartment that was purchased during marriage. The living space is not divided into shares, but is jointly owned by husband and wife - both spouses have equal rights and responsibilities. Over time, it may be necessary to determine the shares in the common property of the husband and wife.

This is where all the disadvantages appear - each spouse pulls the blanket over himself, believing that he, and not his partner, is entitled to a larger share. The second, on the contrary, does not want to give in. The dispute can be resolved in court.

It is necessary to draw up and file a claim to determine the shares in the joint ownership of the husband and wife. We will tell you how to compose it correctly, where to get a sample, where to submit it and how much to pay in the next article.

In what cases is it served?

The life of the spouses is far from a cloudless relationship: there are disagreements, quarrels, and division of property... Litigation can arise not only in marriage, but also after a divorce.

The determination of shares in the joint property of a husband and wife is the transfer of joint property into the shared ownership of the spouses. In fact, this means regime change. It is impossible to maintain a joint form of housing ownership and at the same time form a new one - shared ownership.

If the spouses cannot determine the shares on their own, they have the right to resort to forced division of property (Clause 3 of Article 38 of the RF IC).

Grounds for filing a claim:

1. Distribution of shares in an apartment during marriage (for example, in the case of collecting a spouse’s debt).
2. Allocation of a share from the spouse’s personal property (for example, if the husband/wife spent their funds on repairs, restoration, construction and other improvements to the spouse’s living space). In this case, the apartment will receive the status of joint property, and then the plaintiff’s share will be allocated from it.
3. Repayment of a mortgage loan - the spouse requires the allocation of a share in proportion to the invested funds (for example, from the same personal savings in a bank account).
4. Violation of the applicant’s rights - for example, the defendant did not notify the plaintiff and rented out their shared apartment to third parties. The limitation period for such cases does not exceed 3 years (Article 196 of the Civil Code of the Russian Federation).

A statement of claim is filed in cases where the couple cannot come to a common decision. It is not possible to conclude an agreement on determining shares or draw up a marriage contract. However, it must be taken into account that there should still be pre-trial attempts to reach an agreement. Otherwise, the court will simply not accept the statement of claim, sending the plaintiff to negotiate with the defendant.

How to correctly draw up a claim to determine shares in common joint property?

The presence of a conflict is a reason to go to court and forcefully resolve the issue. Drawing up and filing a claim must meet the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. We are talking about the form and content of the document.

Form

The text of the statement of claim is typed on a computer. It is not advisable to write the text by hand, because... You can make typos, make blots and stain the A-4 sheet.

The form of the statement of claim is simple written . It is best to fill out a blank form according to the sample, indicating the conditions and requirements for determining shares. If it is difficult for you to file a claim on your own, you can use our sample as a basis.

Content

The content of the claim is its “face”, which you will have to work on. Enter information into ready-made structure blocks.

The contents of the claim include the following points:

Introductory part “header” (upper right corner of the sheet)

• name of the court district - city (district) or magistrate court;
• Full name of the plaintiff, series, passport number, residential address, contact details;
• Full name of the defendant with similar information (known to the applicant);
• information about witnesses or government agencies - if the plaintiff plans to involve them in the case;
• the cost of the claim is according to the size of the determined share.

Descriptive (motivational) part

• information about the owners of a jointly owned apartment - husband and wife;
• technical and cadastral data - address, number, area, number of rooms);
• information about the buyer of the apartment;
• information about ownership, on the basis of which document (for example, a purchase and sale agreement + a mortgage agreement with a bank);
• the main points of the controversial situation: when it arose, what it implies, what difficulties there are;
• information about attempts to resolve the issue peacefully (indicate what resulted);
• reference to legislation.

Petition part

• The plaintiff’s request-demands are in our case “to transfer joint ownership into shared ownership”, as well as “to determine the shares of each spouse in the common ownership of the apartment”).

Final part

• appendices – numbered list;
• date of filing the claim;
• personal signature of the applicant.

Sample statement of claim for determination of shares in joint ownership of an apartment

Take the following form and template for applying to court as a basis:

Where and how to file a claim?

Having understood the content of the statement of claim, you need to determine the addressee, i.e. court site for filing an appeal.

A statement of claim to determine marital shares in an apartment must be filed at the defendant’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation). Usually this is a city (district) court. Choose the authority that serves the area at the apartment address.

In addition, in some cases it is necessary to rely on the amount of the claims. If they do not exceed 50,000 rubles (very rare), the application will have to be transferred to the magistrate’s court.

Submission methods

There are several options to send a claim to the desired judicial authority:

• Personally . Find out the reception schedule for the population (usually in Moscow from 14:00 to 18:00 on Monday and from 9:00 to 13:00 on Thursday). Submit the collected package of documents to the secretariat of the city court. You need to get a stamp on your copy of the statement of claim back.
• Through a representative . If you do not have time to go to court, delegate authority to your representative. You will need to go to a notary and draw up a power of attorney in the name of the selected candidate.
• Mail . If you live in another city, you can send the statement of claim via mail. Buy a blank envelope, put the collected documents and the paid receipt there. Contact the “window” at the post office and make an inventory of the attachments. The rest of the steps will be done by the postal employee. Be sure to receive a “receipt” for sending a registered letter (preferably with a return notification).
• Online through State Services . It is not suitable in all cases, so it is best to check with the Personal Account on the website.

Regardless of the chosen method, the plaintiff must present a whole set of documents.

Required documents

The initiator of the judicial procedure supplements his claim with the following documents:

• receipt for payment of state duty;
• copy of passport - the original will be needed at the court hearing;
• documents for a jointly owned apartment;
• extract from the Unified State Register of Real Estate – replaces old documents (for example, technical passport, cadastral passport);
• marriage or divorce certificate - issued by the registry office;
• evidence of an increase/decrease in shares in the apartment (receipts, checks, invoices, contract agreements);
• other documents.

Attach recent documents - especially for those that have a limited validity period (for example, an extract from the Unified Real Estate Register is valid for 30 days).

Deadlines for submission and review

Together with the registration of the claim in the court office, the countdown of the 5-day period . This is exactly how much is given to make a decision - to initiate a civil case or refuse to consider it (Article 133 of the Code of Civil Procedure of the Russian Federation).

Preliminary hearings will be scheduled no sooner than 30 days . During this period, the court notifies the participants about the upcoming case. A month later, consideration of the claim on its merits begins. The terms always differ - from 2 months to six months, or even longer. It happens that things drag on for a year.

How much does it cost: state duty

The plaintiff bears financial expenses, because states his demands.

Main cost items:

• state duty - since the determination of shares relates to property disputes, the amount of state duty starts from 400 rubles , and the maximum value is 60,000 rubles (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation).

*/ – The state duty depends on the price of the claim – the cost of the determined share(s). For calculations, you need to take the cadastral price of the allocated part of the housing (for example, 50% or ½ of the price of the entire apartment). Based on this figure, the amount of state duty can be calculated.

• examination costs – if the plaintiff resorts to appraisal activities of the property (for example, in order to establish the fact of interior improvement).

You can pay for filing a claim in any convenient way: bank cash desk, online service, terminal, judicial office cash desk. If you pay through Sberbank Online, you need to have the receipt certified at a bank branch. Without the Sberbank seal, the check is not valid.

Thus, a claim to determine shares in joint ownership of an apartment is necessary in the event of a conflict between spouses.

One of the requirements will be the termination of joint ownership and the formation of a shared housing regime. The application can be submitted both during marriage and during divorce.

It is easier for spouses to initially buy an apartment in shared ownership - this will eliminate disputes over the allocation of shares from joint property.

Mistakes in filing a claim can lead to problems. At best, the court will leave the claim without progress, and at worst, it will refuse to consider the case. You will have to puzzle over why this happened and what to do? Consulting a lawyer will help you avoid such problems.

If you intend to go to court, a lawyer will help with the structure of the appeal. The expert is familiar with legal proceedings, which means he will point out points that are best not included in the claim. And, on the contrary, he will mark points that will help to achieve success in determining shares.

Contact us for a free consultation and don’t let things go to failure!

Statement of claim for determination of shares in the right of common ownership of an apartment

Statement of claim for determination of shares in the right of common ownership of an apartment. When dividing the common property of the spouses and determining the shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

• The division of common property between the participants in joint ownership, as well as the allocation of the share of one of them, can be carried out after a preliminary determination of the share of each of the participants in the right to the common property.
• When dividing common property and separating shares from it, unless otherwise provided by law or agreement of the participants, their shares are recognized as equal.
• The grounds and procedure for the division of common property and the allocation of a share from it are determined according to the rules of Article 252 of the Civil Code insofar as otherwise for certain types of joint property is not established by this Code, other laws and does not follow from the essence of the relations of the participants in joint property.
• Property acquired by spouses during marriage is their joint property, unless an agreement between them establishes a different regime for this property.

Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift or by inheritance, is his property.
Personal items (clothing, shoes, etc.

), with the exception of jewelry and other luxury items, although acquired during marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them.

The property of each spouse may be recognized as their joint property if it is established that during the marriage, investments were made from the common property of the spouses or the personal property of the other spouse that significantly increased the value of this property (major repairs, reconstruction, re-equipment, etc. ). This rule does not apply if the agreement between the spouses provides otherwise.

The exclusive right to the result of intellectual activity belonging to the author of such result (Article 1228 of the Civil Code) is not included in the common property of the spouses. However, income received from the use of such a result is the joint property of the spouses, unless otherwise provided by an agreement between them.

Statement of claim “on recognizing the property of spouses as joint property, on determining shares in joint property, on the division of jointly acquired property in marriage”

30 Apr

In the N-city (district)
court of the N-region
Plaintiff: Full name, place of actual
residence and registration,
(mobile and landline phone number)
Defendant: Full name, place of actual
residence and registration,
(mobile and landline phone number)
3 -th person who does not make
independent demands:
Administration of the N-rayon

N region: (legal address)

• STATEMENT OF CLAIM
  for recognition of the property of the spouses as joint property,
  for the determination of shares in joint property,
  for the division of jointly acquired property in marriage.
• The cost of the claim is RUB 000,000.

On June 22, 1996, a marriage was concluded between me and the defendant. From our joint marriage, our son Peter was born on May 1, 1999.

Starting from June 2011, due to my husband’s refusal to give money to support the family and repay the loan, he paid for utilities only for himself, the defendant and I stopped de facto family relations and stopped running a joint household. However, the marriage between us has not been dissolved to date.

Due to these reasons, I am forced to temporarily move to another region for permanent residence.
In May 2003, we sold a residential building located at the address: (specify), which we built with joint money. The ownership of the house was registered in my husband's name. After selling the house with the proceeds, we 14.05.

In 2003, a three-room apartment No. 00 was purchased in building No. 0 on the street. Flower in the city of N-sky, with a total area of ​​00.0 sq. m., including residential 00.0 sq.m., with cadastral number (specify). According to the certificate of state registration of rights, the defendant, i.e., is registered as the owner of the apartment. my husband.

Currently registered in the apartment are: me, the defendant, and our child together.
In fact, only the defendant lives in the apartment. Based on the resolution of the head of the administration of the N-rayon dated May 7, 2009 No. 000 “On the provision (full name of the defendant) of a plot of land for lease for a period of three years for individual housing construction in the village. Berezki, st.

Letnyaya, 00, July 14, 2009, a lease agreement was concluded for a state-owned land plot measuring 1,500 sq.m. with cadastral number (specify), between the defendant and the representative of the administration of the N district, the chairman of the Committee for Property Management and Land Relations, full name.

Construction of a house and other buildings began on the site allocated for development using joint money.
The original documents for the apartment, land plot for rent and technical documentation for the house and buildings on the site are with the defendant. The house is not currently put into operation. As of February 3, 2012, I carried out a market valuation of the disputed property.

33 of the RF IC, the legal regime for the property of spouses is the regime for their joint ownership.
The rules of Article 38 of the RF IC allow for the possibility of dividing property between spouses during a marriage in court if one of the spouses objects to its division by agreement. The defendant does not want to conduct preliminary negotiations on the division of property.

When dividing property, I, as a plaintiff, propose the following conditions for division. The apartment worth 0,000,000 rubles will be left to me and our minor child, who currently lives with me, and after the divorce will also live with me.

The house, buildings on the site and the right to extend the lease agreement, since the lease period is ending at the time of writing this statement of claim, are left to the defendant.
The defendant must compensate me for the difference in the value of the property, i.e. 0000000 rubles. To recover from the defendant the cost of property valuation in the amount of 00,000 rubles, a state fee in the amount of 00,000 rubles.

00 kopecks and expenses associated with the services of a representative in the amount of 00,000 rubles.
Based on the above and in accordance with Part 1 of Art.
34 and art. 35, 37, 38, 39 of the RF IC, I ask the court: 1. To recognize three-room apartment No. 00 in building No. 0 on the street. Flower in the city of N-sk, with a total area of ​​00.0 sq. m. including residential 00.0 sq.m.

, with cadastral number (specify), value 0000000 rubles; two-story brick residential building, 99.5% complete, with buildings: a bathhouse, a garage, a well and a restroom, located on a rented plot of land measuring 1500 sq.m. with cadastral number (specify), value 0000000 rubles - joint property of the spouses: (indicate the full names of the plaintiff and defendant).
2.

Determine the shares of the plaintiff (full name) and the defendant (full name) in the specified property equal, i.e.
½ each; 3. Transfer to me (full name of the plaintiff) three-room apartment No. 00 in building No. 0 on the street.
Flower in the city of N-sky, with a total area of ​​00.0 sq. m., including residential 00.0 sq.m., with cadastral number (specify), cost 0000000 (in words) rubles; 4.

Transfer to the defendant (full name) a two-story brick residential building, 99.5% complete, with buildings: a bathhouse, a garage, a well and a restroom, located at the address: N-skaya region, N-sky district, Kedrovsky village village. Berezki, st. Letnyaya, house 00, worth 0000000 (in words) rubles, recognizing his right to lease a land plot measuring 1500 sq.m.

with cadastral number (specify), value 000000 (in words) rubles.
5. Order the defendant (full name) to pay compensation to me, i.e.
(full name of the plaintiff), as the difference in the value of the property and the right to lease in the amount of 0000000 (in words) rubles. 6. To recover from the defendant the cost of assessing the property in the amount of 00,000 (in words) rubles;
7.

Copy of marriage certificate:
3. Copy of son's birth certificate;
5. A copy of the Resolution on the lease of a land plot;
6. A copy of the land lease agreement;
7. A copy of the cadastral passport of the land plot;
8. A copy of the certificate of assignment of address to the land plot;
9. A copy of the registration certificate for the apartment;
10. A copy of the certificate of ownership of the apartment;
11. A copy of the agreement on payment for property assessment;
12. A copy of the report on the assessment of the cost of the apartment;
13. A copy of the report on the assessment of the value of the property complex and the right
to lease a land plot;
14. Original agreement on the provision of representative services;
15. Original receipt for payment for the representative’s services;
16. A copy of the power of attorney for the representative;

17. Original receipts for payment of state duty 000 rub. and 00000 rub.

1. Plaintiff: Last name and initials__________________
   Representative of the plaintiff
2. lawyer Last name and initials._____________________
3. "_____" ___________ 2012

______________________________________________________________________________
Notes and explanations to the claim.
The dates are drawn up in such a way that the legal consequences associated with the time of acquisition of the rights and obligations of the parties are clear.
Legal provisions of the Family Code that are involved in this claim.

Article 33. The concept of the legal regime of spouses’ property

1. The legal regime for the property of spouses is the regime for their joint ownership.
   The legal regime for the property of the spouses applies unless otherwise provided by the marriage contract.
   Article 34. Joint property of spouses
   1. Property acquired by spouses during marriage is their joint property.
   2. Property acquired by spouses during marriage (common property of spouses) includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other monetary payments that do not have a special purpose ( amounts of financial assistance, amounts paid in compensation for damage in connection with loss of ability to work due to injury or other damage to health, and others). The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds.
   3. The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income.
   Article 38. Division of common property of spouses
   1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a creditor making a claim to divide the common property of the spouses in order to foreclose on the share of one of the spouses in the common property of the spouses.
   2. The common property of the spouses may be divided between the spouses by agreement. At the request of the spouses, their agreement on the division of common property can be notarized.
   3. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court.
   When dividing the common property of spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If one of the spouses is transferred property the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.
   4. The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them.
   5. Items purchased solely to meet the needs of minor children (clothing, shoes, school and sports supplies, musical instruments, children's library and others) are not subject to division and are transferred without compensation to the spouse with whom the children live.
   Contributions made by spouses at the expense of the spouses' common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the spouses' common property.
   6. In the case of division of the common property of the spouses during the marriage, that part of the common property of the spouses that was not divided, as well as the property acquired by the spouses during the subsequent marriage, constitute their joint property.

   7. A three-year statute of limitations applies to the claims of spouses for the division of common property of spouses whose marriage is dissolved.

Article 39. Determination of shares when dividing the common property of spouses
1. When dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.
2.

The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

3. When dividing the common property of the spouses, the common debts of the spouses are distributed between the spouses in proportion to the shares awarded to them.

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Court decision on determining shares in the right of joint ownership of an apartment

SOLUTION

In the name of the Russian Federation City of Moscow April 18, 2013

The Butyrsky District Court of Moscow, composed of the presiding judge Boikova A.A., with the secretary Krekina M.L., having considered in open court civil case No. 2-****/13 on the claim of K**** F.L. to Kolesnikov G.V. on determining shares in the right of common (joint) ownership of an apartment,

installed:

K**** F.L. filed a lawsuit against K**** G.V. on determining the shares in the right of common (joint) ownership of apartment No. ****, located for each, indicating that the shares in the right of ownership were not determined by agreement of the parties.

Plaintiff K**** F.L. appeared at the court hearing and supported the stated demands.

Defendant K**** G.V. did not appear at the court hearing, was notified, did not report the reasons for his absence, did not submit any objections to the claim, and did not ask for the case to be considered in his absence.

After listening to the plaintiff’s explanations and examining the written evidence, the court comes to the conclusion that the plaintiff’s demand is justified and there are grounds for satisfying the claims due to the following.

From the case materials it is clear that, on the basis of transfer agreement No. **** dated DD.MM.YYYY, apartment No. **** located was transferred into common ownership without defining shares (joint) free of charge to K**** F.L. and K**** G.V.

The transfer of ownership was registered DD.MM.YYYY by the Municipal Housing Committee. The owners of the disputed apartment are registered at their permanent place of residence.

• In accordance with paragraph 5 of Article 244 of the Civil Code of the Russian Federation, by agreement of the participants in joint ownership, and if agreement is not reached by a court decision, shared ownership of these persons may be established on the common property.
• In accordance with paragraph 1 of Article 245 of the Civil Code of the Russian Federation, if the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.
• Since the shares of the participants in joint ownership of this apartment have not been determined, based on the equality of the shares of each participant in the common property, the court determines the shares of the plaintiff and defendant to be equal to each other's shares in the ownership of this apartment, which is in accordance with current legislation.
• Based on the above and guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation, the court
• decided:

the claims of K**** F.L. to K**** G.V. for the determination of shares in the right of common (joint) ownership of the apartment are satisfied.

Establish the shared ownership of K**** F.L. and K**** G.V. for apartment No.****, located , defining them as equal in share.

This decision is the basis for registering the ownership rights of K**** F.L. and K**** G.V. to the share of apartment No. ****, located in the Office of Rosreestr in Moscow.

The court decision is subject to appeal to the Moscow City Court through the Butyrsky District Court of Moscow within a month from the date the decision was made in final form.

On determining shares in the common property rights of spouses and recognizing the ownership rights to a share of jointly acquired property during marriage

• Case No.< >
• DECISION IN THE NAME OF THE RUSSIAN FEDERATION
• < > March 2012 Alekseevka, Belgorod region
• Alekseevsky District Court of the Belgorod Region, consisting of:

presiding judge Sleptsova E.N.

under secretary Litovkina G.I., h

with the participation of plaintiff K.L.G. and her representative - lawyer Soiko M.M. , who presented certificate No. < > dated December 19, 2003, acting on the basis of warrant No. < > dated < > 2012; defendant A. A.L.,

having considered in open court a civil case based on the claim of K.L. G. to A. A. L. on determining shares in the right of common property of spouses and recognizing the right of ownership to a share of property acquired jointly during marriage,

INSTALLED:

K.L.G. and A.A.L. have been married since < > 2002.

Under the purchase and sale agreement dated < > 2004, the spouses purchased a three-room apartment at the address: Russian Federation, Belgorod region, < >, to which ownership was registered in the name of A. A.L.

< > having established that the plaintiff owns 1/2 share and the defendant 1/2 share; recognize her right to a 1/2 share in the ownership of jointly acquired property - a three-room apartment located at the address: Russian Federation, Belgorod region, < >.

At the court hearing, the plaintiff and her representative - lawyer M. M. Soiko . the claims were supported and the court was asked to satisfy the claim.

Defendant A.A.L. the claim was not recognized on the grounds that his father bought the apartment for him, his wife never worked anywhere, in 2008 she went to live with her parents in Armenia, and left her two minor children to live with him. In addition, there are debts - a loan from VTB-24 Bank with interest in the amount of 20 million rubles.

He asked the court to dismiss the claim.

Having heard the explanations of the parties and examined the circumstances in the court hearing based on the evidence presented by the parties, the court recognizes the claims as justified and subject to satisfaction on the following grounds.

The common joint property of the spouses, subject to division (clauses 1 and 2 of Article 34 of the Family Code of the Russian Federation), is any movable and immovable property acquired by them during the marriage, which, by virtue of Art. Art. 128, 129, paragraphs 1 and 2 of Art.

213 of the Civil Code of the Russian Federation can be the object of property rights of citizens, regardless of the name of which spouse it was acquired or funds were contributed, unless a different regime for this property is established by the marriage contract between them.

The division of the common property of the spouses is carried out according to the rules established by Art. Art. 38, 39 of the Family Code of the Russian Federation and Art. 254 of the Civil Code of the Russian Federation. When dividing property, the common debts of the spouses are also taken into account (clause 3 of Art.

39 of the Family Code of the Russian Federation) and the right to claim obligations arising in the interests of the family.

The court established, confirmed by the explanations of the parties and the case materials, that the marriage between K.L.G. and A.A.L. concluded < > 2002; marriage contract between spouses K.L.G. and A.A.L. was not concluded.

According to Art. 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their common joint property, and spouses have equal rights to own, use and dispose of this property.

The court established the fact of the acquisition by the spouses K.L.G. and A.A.L. during the marriage for joint funds on the basis of a notarized purchase and sale agreement dated January 6, 2004 of a three-room apartment with a total area of ​​< > sq.m. with a loggia, including an apartment area of ​​< > sq.m., living area of ​​< > sq.m.

m, with cadastral number < >, located at the address: Russian Federation, Belgorod region,

< >, as confirmed by the marriage certificate series < > No. < >; technical passport of the residential premises dated < > 2009, an extract from the Unified State Register of Rights to Real Estate and Transactions with It dated < > 2012 No. < >; certificate of state registration of rights series < > No. < > dated < > 2004, from which it follows that the agreement dated < > 2004 was certified by the notary of the Alekseevsky notary district of the Belgorod region V. S.Yu., registered in the register under No. < >, passed state registration < > 2004, about which entry No. < > was made in the Unified State Register; the owner of the apartment is indicated by >A. A.L.

The defendant’s arguments that “the apartment was bought in his name, his wife never worked anywhere and looked after the children” cannot serve as a basis for refusing to satisfy the requirements, since in accordance with paragraph 2 of Art.

34 of the Family Code of the Russian Federation, the common property of spouses also includes movable and immovable things acquired at the expense of the common income of the spouses, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed funds.

In addition, as the parties explained at the court hearing and follows from the case materials, at the time of purchasing the apartment in 2004, K.L.G, with the consent of the spouse A.A.L. was a housewife, was engaged in raising common minor children - A.L., < > year of birth, and A.L.

, < > year of birth; at the same time, she gave notarized consent to the purchase of an apartment as the property of her spouse.

The court, when preparing the case for trial and at the court hearing, explained to the defendant the right to file a claim in court for the division of jointly acquired property and common debts of the spouses.

The defendant did not exercise this right.

The defendant did not provide evidence supporting the defendant's arguments about the acquisition of the apartment by his father. No independent claims for rights to the disputed apartment have been made by other persons.

In accordance with Art. 39 of the Family Code of the Russian Federation, when dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses. The court has the right to deviate from the beginning of equality of shares of spouses in their common property, based on

interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

From the explanations of the plaintiff and defendant, certificate of family composition No. < > dated < > year, it follows that no one is registered in the disputed apartment, the parties and their minor children do not live in it.

The marriage has not been dissolved; it has not been determined which parent the children will live with in the event of divorce, therefore there are no grounds for deviating from the beginning of equality of shares of the spouses in their common property.

Assessing the evidence available in the case materials in its entirety, the court comes to the conclusion that the apartment was acquired by the spouses during the marriage; they have an equal right of ownership of the disputed apartment; evidence of the purchase of the apartment not with joint funds was not provided; The spouses' shares in the ownership of the apartment are equal.

In such circumstances, there are grounds for satisfying the claim.

The defendant is subject to recovery in favor of the plaintiff of the costs of paying the state duty in the amount of < > rubles (< >), paid by the plaintiff when filing the statement of claim.

In accordance with Part 1 of Art. 100 of the Code of Civil Procedure of the Russian Federation, at the written request of the plaintiff, the court recovers from the defendant the costs of paying for the services of a representative within reasonable limits in the amount of < > rubles.

Guided by Art. Art. 194-199 Civil Procedure Code of the Russian Federation, court

DECIDED:

The claim of K. L. G. to A. A. L. for the determination of shares in the right of common property of the spouses and the recognition of the right of ownership of the share of jointly acquired property in marriage is recognized as justified and satisfied.

Determine the shares in the right of common joint ownership of the spouses for a three-room apartment with cadastral number < >, located at the address: Russian Federation, Belgorod region, city < >, equal to: 1/2 share for K.L.G. and 1/2 share of A.A.L.

Recognize K.L. G., < > year of birth, native < >, ownership of a 1/2 share in the common ownership of a three-room apartment with a total area of ​​< > sq.m., including a living area of ​​< > sq.m., with cadastral number < > , located at the address: Russian Federation, Belgorod region, < >.

Recognize for A. A. L., < > year of birth, a native of < >, ownership of ½

 share in the right of common ownership of a three-room apartment with a total area of ​​< > sq.m., including a living area of ​​< > sq.m., with cadastral number < >, located at the address: Russian Federation, Belgorod region, city < >.

The decision can be appealed to the Judicial Collegium for Civil Cases of the Belgorod Regional Court by filing an appeal through the Alekseevsky District Court within one month from the date the court made the decision in final form, i.e. March 16, 2012.

Judge Sleptsova E.N. signature

THE COURT DECISION CAME INTO FORCE on < > April 2012.