Meeting statement of joint property (model) 2023

A joint property claim may be filed only if a dispute over a family or other legal relationship is being considered at the moment, or if there is a result thereof, and only the defendant can make such a claim, and the claim will be brought before the court that considered the original dispute, irrespective of the principle of jurisdiction.

In addition, secondary claims are considered after the primary dispute has been resolved.

Sharing of the joint property of the spouses

In the course of living together and living together in a marriage, the spouses acquireProperty owned by both of them, regardless of which is entitled to ownership:

• Family income;
• Property (both movable and immovable);
• Securities;
• Contributions;
• Debts.

The dissolution of marriage entails the right of each of the spouses to the division of property which they have jointly acquired.Either party may express its will to divide the property by way of action, but in some cases it may be counter-claimed; if a party has filed an application for divorce without requiring the division of the property, the defendant may well file a counter-claim.

Preparation of a counter-claim

The statement of claim is an independent claim of the defendant, with the participation of the defendant in the proceedings.Accordingly, it would not be more difficult to draw up such a statement than a normal statement of claim, and the requirements set out in articles 131 and 132 of the Criminal Code of the Russian Federation should therefore be respected in the preparation of the application.

An action is filed with the court in writing, the quality of which affects the court ' s decision to take a counter-claim or to reject it; the matter is better entrusted to a qualified lawyer, but the defendant can fill out the form on his own.

In self-drafting, the statement shall contain:

• "Shoot" is the court in which the claim is brought; the FIO of the parties to the dispute, as well as other information known about them;
• An indication of the original claim (information about it);
• The cost of the claim (value of the property to be divided) is important that, in the event that the claimant disagrees with the price in question, he may apply for an expert examination;
• A detailed description of the situation and the differences between the spouses;
• A detailed description of the property that the claimant intends to separate;
• A list of documents related to the claim (under article 132 of the Code of Criminal Procedure of the Russian Federation);
• References to the regulations governing the relationship (usually use of template phrases)

Model declaration

• In "name of judicial authority"
• FIO and plaintiff's data
• FIO and respondent data
• (in the civil case "from the plaintiff's FIO to the defendant's FIO on the division of property)
• Value of claim: "summation"
• Meeting statement of claim for division of property
• In the "initial claims" case No.
• "the date of the suit" "FIO claimant"
• I am presented with "initial claims"
• "detailed description of the situation that has arisen with reference to the legislation of the Russian Federation"________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• On the basis of the above and articles 131, 132, 137 and 138 of the Criminal Code of the Russian Federation
• ♪ I'll be right behind you ♪
• "exclusion requirements"________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• "exclusion requirements"________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• ________________________________________________
• Annexes:
• A copy of the counter-claim (number depends on the number of parties involved in the case).
• Other documents required to deal with the property dispute.

Other documents include:

• Documents that confirm ownership of certain items;
• Documents that confirm the income of the plaintiff and the defendant;
• Documents that confirm the existence of a total debt;
• A receipt of payment of State duty is also a mandatory annex.

Procedure for filing and processing a claim

Once a counter-claim has been filed, it must be brought before a court under article 132 of the Civil Code.a counter-claim may only be brought before the court to which the original claim is pending.In addition, a counter-claim cannot be filed at the appeal stage of the judgement (appeal, cassation) and is filed only in the court of first instance.

A counter-claim may be filed at any time until the judge has gone to the deliberative room, and the court shall decide whether to refuse or accept the counter-claim.

 The best time to file a counter-claim on the division of property jointly acquired by the spouses is at the stage of preparation for the proceedings, as this stage usually deals with all procedural matters, as well as with the claims of the parties and the evidence.

If the court has accepted the counter-claim, the court shall set the date of the trial, taking into account the new circumstances, the defendant and the plaintiff shall decide on the postponement of the hearing and shall specify the time period required for the preparation of each of the parties.

In court proceedings, the role of the parties has not changed, and only new demands are emerging, and the Court needs to find out a number of facts, such as:

• The period of validity of the marriage, from the time of registration to the time of dissolution;
• The time when ownership of the property that is to be divided according to the claims of the parties arises;
• The composition of the common property and the value of each item;
• The property that each of the spouses will receive upon completion of the proceedings.

Conclusion

The division of property is a rather labour-intensive process, since for each subject of the claim a document is required to prove ownership (consignments, cheques and others).

In addition to the documents, the property needs to be valued correctly.because, with the excessive or undervalued value of a certain item, one party may apply for an independent expert examination, which will extend the proceedings.

The drafting of a counter-claim should be treated responsibly, as should any other stage of the proceedings, and the quality of the statement has an impact on the decision of the court (admission or refusal).If the defendant chose to file a counter-claim, he should prepare first and then adjust his tactics only.

Meeting statement of claim for division of joint property

The right to file claims and to substantiate them in court proceedings is vested not only in the plaintiff but also in the second party to the dispute, and the defendant may choose one of two strategies for protection against claims:

• Protect himself from the plaintiff ' s claims through his own evidence.
• To file a counter-claim on the division of property in the divorce of the spouses by making his own claims.

In order to know how to properly write and file counter-claims in a property dispute upon dissolution of a marriage, the following issues need to be addressed:

1. In what cases does the law allow the defendant to raise counter-objections to the statement of claim?
2. Which blocks are the counter-claims divided into?
3. What papers are attached to it?
4. What is the amount of State duty for the provision of judicial services?
5. What are the features of the drafting and presentation of this document?

When a counter-claim is filed

According to the rules laid down in the Code of Civil Procedure, counter-claims may be made against:

• Pending the final decision of the court in the case.
• Only the defendant.

The judicial authority shall have the right to receive a counter-claim with a request for its consideration if the following conditions are met:

1. There was a mutual link between the original and the counter-claims, which, from the court ' s point of view, would help to resolve the property disputes of the spouses who wished to divorce more quickly.
2. In a counter-claim, there are completely different claims than the original claim, and their satisfaction precludes the admission of the claimant ' s claims in part or in full.
3. The purpose of the counter-claim is to implement the claims made in the initial application.

In the event that the counter-claims in the application do not meet any of the conditions of the above-mentioned list, the judge is obliged to make a decision which provides for the rejection of the claim; according to the law, it cannot be appealed because the refusal does not prevent the defendant from submitting his application to another court for separate consideration.

Structure of the document

The counter-claim consists of three blocks:

1. Upper part or cap: The name of the court to which the application is addressed is indicated by the personal details of the claimant and the claimant, followed by the price of the claims.
2. The narrative describes the defendant ' s reasons as to why the application from the plaintiff cannot be satisfied, provides evidence that the defendant ' s judgement is true, and refers to the articles of the regulations proving the applicant ' s position.
3. The resolution contains a full list of the objections that the applicant plans to satisfy by court decision, a list of the official documents attached to the application, the date of the writing and the signature of the originator.

Example and example of filling

• The counter-claim form for the division of joint property, a sample of which can be used as a template, can be downloaded here.
• Several additional forms of counter-suit at Word can be downloaded from here.
• If there are difficulties in completing the document, the statement may be used as an example of a counter-claim.

List of annexed documents

The following documents shall be attached to the original application submitted by the defendant for trial to the judicial authority:

• Several copies of the counter-claim document, depending on the number of claimants.
• A copy of the data taken from the complainant ' s passport.
• A certificate confirming the existence of a registered marriage between the parties to the dispute.
• Documents indicating that the property and other property are jointly owned by the wife and husband, such as a certificate of ownership of the premises.
• Documents proving the defendant ' s claims for property, e.g. statements from the Office of Technology, certificates from the cadastre authorities, opinion of the evaluator, consignment notes or cheques.
• If the dispute is not limited to property claims but relates to the determination of the future of the common children and the issue of the recovery of maintenance, evidence must be provided to prove the birth of the couple ' s common children.
• A receipt, cheque or other document certifying the transfer of money to the State duty fund.

Secretary of State

In view of the fact that the document sought before the judicial authority raises claims of a property nature, the price of the claim is the criterion by which the amount of the State fee is calculated.

In order to justify the claim, written evidence must be provided to support the value of the disputed joint property.

1. Any consignment notes, receipts, cheques, sales contracts that clearly contain the monetary amount paid for the item.
2. The valuation of real estate assets can be assessed by the cadastre authorities or by BTI.
3. A professional evaluator's opinion.

Once the valuation of the disputed property has been completed, the procedure for the calculation of the State duty should be carried out and calculated according to the rules set out in the table below.

Price of claims Procedure of calculation of duties

Below 20,000 rubles	4% of the price of the dispute is charged. 400 rubles is the minimum.
20 0001 - 100,000 rubles	800 roubles are charged, plus 3 per cent of the price above 20,000 roubles.
100 001 - 200,000 rubles	A total of 3,200 rubles are taken, plus 2 per cent of the price over 100,000 rubles.
200 001 – 1,000,000 rubles	A total of 5,200 rubles are taken, plus 1 per cent of the price over 200,000 rubles.
More than 1,000,000 roubles	A total of 13,200 roubles is charged, plus 1/2 per cent of the price above 1,000,000 roubles.

Where and how (step-by-step instruction)

The procedure for filing a counter-claim is as follows:

1. It may only be submitted for consideration from the time when the respondent has learned from the plaintiff ' s claim for property claims and until the court has rendered a final decision on the dispute.
2. An application with the attached documents and a cheque for payment of the State duty may be transmitted both during the proceedings and outside the court ' s office.
3. In order to submit a counter-claim to the proceedings, the defendant must appear in person at the trial or at the secretary of the judge dealing with the dispute between the spouses and file an application with a package of documents.

Thinness in different situations

Loans

The family law stipulates that the joint assets of the spouses shall be divided in half unless they have prescribed other conditions in the marriage contract; these rules also govern the division of the common debts.

However, at the time of the dissolution of a marriage through a court of law, a husband or wife may attempt to transfer part of her debt to the other spouse; in order to assert her rights, it is necessary to understand which loans are considered to be joint and which are personal and to have a legally sound basis for her position in a counter-claim.

Cash received under loan contracts will be considered to be general if:

• The money was borrowed by one of the parties to the marriage, but it was spent on family needs.
• Both spouses have borrowed money and are official lenders under a loan contract.

Debts are recognized by law as personal in the event of:

1. Loans for transactions that are personal, such as dental treatment.
2. The receipt of credit money for damage caused by one of the spouses in the commission of an administrative or criminal offence.
3. Loan of money to cover debts arising from the husband ' s personal business obligations.

Thus, a counter-claim must describe the situation and provide evidence to support the defendant ' s point of view if:

• The plaintiff is trying to transfer some of his personal debts to a joint debt.
• The plaintiff formally borrowed money from a special purpose loan for the benefit of the spouses, such as the purchase of a family car, but actually spent it to satisfy personal wishes.

Real property...........................................................

According to the legal rules set out in article 30 of the Code of Civil Procedure,The real property claims must be submitted to a court located in the same settlement as the disputed immovable property.These rules also apply to counter-objections by the respondent.

For example, if the plaintiff's wife demands the separation of an apartment located in Lower Novgorod, valued at 2 million roubles, she applies to a district court in that city under the rules of jurisdiction.

However, if the defendant wishes to include in the subject matter of the proceedings the personal residence of the spouse in Moscow, which is estimated at US$ 6 million, the amount of which is calculated at US$ 6 million.

He needs to file a counter-suit with the Moscow District Court because the most valuable immovable asset for which the spouses are arguing is in this city.

Availability of children

On the basis of an analysis of Russian judicial practice, the presence of a minor child in a married couple affects the division of joint property as follows:

1. A parent who will be at the end of the marriageLive with the baby and raise him, usually buys more when you share assets...what would he be entitled to under the law.
2. Another parent, usually the ex-husband, bears the burden of alimony.

Since in most divorce proceedings the plaintiff is supported by his wife and the defendant by his husband, in order to prevent the defendant from causing tangible property losses, the counter-claim must contain evidence (written or witness) if the circumstances given below are indeed present in your situation:

• The spouse does not care about the child, his or her socialization, education and moral development.
• The wife abuses parental authority, i.e., obstructs the child ' s education and encourages him or her to engage in unlawful behaviour.
• Your other half treats children cruelly, beats them, insults them, and humiliates them.
• The couple became addicted to drugs or alcohol and therefore did not take care of their children.
• The wife suffers from a disease that prevents her from taking proper care of her children and raising them.

If the defendant were able to convince the judge of the truth of his or her point of view, he or she would not only be able to raise his or her own children on his or her own, but would also be able to obtain additional property from the courts for the former spouse living with the children in order not to violate the child ' s housing rights and his or her right to decent living conditions.

With regard to maintenance payments, the amount awarded on a court-ordered monthly basis can be reduced as follows:

1. If the defendant is employed, you can agree at the place of employment in the accounting office to reduce the official (white) wage and transfer part of the earnings to the "grey" range.
2. If the defendant does not have a permanent income or is engaged in entrepreneurship, he or she may reduce the amount of income specified in the tax declaration from which the judicial authority will calculate the amount of maintenance payments in the form of a hard sum of money and write a reduced amount of income in a counter-claim. It must be understood that manipulation of tax documents may lead to criminal prosecution; however, there is no legitimate way to reduce maintenance payments by the entrepreneur.

Refusal to assess

In such a case, the respondent should do so:

• Before making counter-objections, order an evaluation of the joint property from the professional evaluator to understand whether the claimant ' s evaluation is fair.
• If the value of the assets, as stated in the plaintiff ' s application and as stated in the opinion issued on your behalf, is different, it is necessary to verify on what basis the valuation of the other party to the proceedings is based. If, on its own findings, it is necessary to attach the value of the counter-claim to the value of the counter-claim. If, on the basis of the findings of a qualified expert, it is necessary to persuade the evaluator to attend a court hearing in order to give evidence and explain the methods used by him to assess the value of the disputed items.

Legislative framework

Name of the regulation that it regulates

Family Code of Russia	Chapter 7 establishes rules for the regulation of the regime of the joint property of the wife and husband. Chapter 11 enshrines the rights of minor children within the family. Article 34 prescribes what is "the joint property of the spouses". Article 69 establishes the grounds for the deprivation of parental rights.
Russian Code of Civil Procedure	Article 30 provides for the application of the rule of exclusive jurisdiction. Article 131 establishes the structure of the counter-claim. Article 137 regulates the conditions under which a counter-claim may be filed with the court. Article 138 sets out the grounds on which a counter-claim is brought by a court.
Russian Tax Code (Part 2)	Article 333.19 establishes the rules for the calculation of State duties when applying to the courts for the consideration of property disputes.
Federal Act No. 135-FZ of 29 July 1998 on evaluation activities in the Russian Federation	The Act regulates the activities of the evaluators and establishes the grounds and procedures for carrying out the valuation work.

How to process a claim for division of the joint property of the spouses

The family is an important institution of social life that is formed on the basis of personal relationships between spouses.

Once a marriage is registered, each family seeks development, acquires movable and immovable property, and has children.

Divorce is a complex process in which there can be a conflict between the spouses and as a result the entire determination of the children ' s place of residence and the manner in which they can communicate with them, the division of property in equal proportion, which is acquired during the marriage; this procedure is carried out through the courts, with the correct filing of the claim and the submission of documents showing the acquisition of the property and its ownership by the spouses during the marriage.

What information is stated in the statement

The joint property claim is considered to be the fundamental document on the basis of which the case will be dealt with on the merits.

Not all real estate can be divided.

The difference between common and personal items (which do not need to be divided) is shown in the diagram below:

Under the law (which extends to 2018 and 2023), property purchased during a marriage is divided after divorce into two parts between the ex-husband and the wife.

The plaintiff ' s task is to bring the claim before the court, to process it properly, and to state in it the value of the property to be divided.The following points should be reflected in the drafting of the statement of claim:

• Address and name of the vessel (regional or international) to which the application is made;
• Name, surname, patronymic, address of place of residence;
• Name, surname, patronymic, address of the defendant ' s place of residence;
• List of assets that can be divided;
• The terms of the section proposed by the claimant;
• Claims and supporting evidence;
• Calculation of the amounts expected to be recovered from the defendant;
• A list of the documents attached to the statement of claim;
• Date and painting of the citizen suing.

It may include additional contact details for communication with both parties.

The model application for the division of marital property following divorce is published here.

Many people do not have the capacity to file a suit for the division of the joint property of the spouses on their own.

In this case, it is the private practice of lawyers with extensive experience in court participation, drafting of claims, with the necessary knowledge, skills and legal skills.

They will be able to select individually a model of a claim for the division of property for a citizen, or they will be able to draw it up for a separate fee.

Documents attached to the statement of claim

In addition to the claim for division of property following divorce, additional documents are submitted to the court on the basis of which the civil case will be considered.

• A copy of the statement of claim (examples according to the number of third parties and respondents);
• a cheque which confirms the payment of the State duty;
• If the applicant has a representative, he/she must be given the power of attorney, which gives him/her the power to defend the rights and interests of the claimant;
• Information that confirms the circumstances on which the plaintiff ' s claims are based (copyings to all parties to the proceedings);
• The value of the claim calculated by the plaintiff (value of the shared property of the spouses);
• The plaintiff ' s passport;
• Certificates of registration and dissolution of the marriage of the spouses;
• Information that will confirm ownership of the divided property;
• certificates and cheques confirming the value of the property to be divided.

This list of documents is binding on the statement of claim because without them, the case will be deferred until the deficiencies are corrected.

Where to file a claim

The courts dealing with civil cases in the division of property after divorce may vary according to function and competence, and they are divided into city and world courts, in which case the plaintiff will be tried and where the claim will be filed, depending on the value of the property to be shared between the spouses.

If the estimated value of the property exceeds 50,000 roubles, it is subject to review in a city or district court, if not more than, in a world court.

The cost of the claim

In the event that the ownership of the property of the spouses has not been determined by the courts, a State fee shall be paid for filing the claim.

• If the value of the property is 20,000 roubles, 4 per cent of the value of the claim (at least 400 roubles);
• If the value of the property is between 20,001 and 100,000 roubles, 800 roubles are charged, 3 per cent of the amount that exceeds 20,001 roubles;
• In the case of real estate, between 1,000 and 200000 roubles, 3,200 roubles are charged and 2 per cent of the amount that exceeds 100,000 roubles;
• If the value of the property is between 2000 and 1000 000 roubles, 5,200 roubles are charged, plus 1 per cent of the amount that exceeds 2000 000 roubles;
• If the value of the property exceeds 1,000 000 roubles, 13,200 roubles are charged, as well as 0.5 per cent of the amount that exceeds 1,000 roubles.

In addition to a charge to the State budget, the money of lawyers competent in such matters may be required for the preparation of a claim.

The price of this information resource varies from entity to entity in the country within certain limits, and in large cities the price of this service is within 2,000 roubles, small from 1,000 roubles.

If the money was to be saved, the lawyer could take the application form and issue it on his own.

Time limits for civil cases under property

This event, which is taking place in the courtroom, has a statute of limitations.

The former spouse has the right to claim his or her share of real estate within three years of learning about this right.Once a claim has been brought before a court, a hearing is scheduled within one month of the submission of the application.

Interlocutory action for the division of property upon divorce

It happens that there are conflicts between the spouses over the division of property acquired during the marriage, which may be subject to different requirements and conditions for the division of property.

In any event, they would find out their relationship in court, but the case could become more complicated if the defendant filed a counter-claim, and both claims would be heard within a single hearing, with the necessary evidence.

The defendant ' s meeting statement of claim could be granted, as could the other party ' s claim.

The application model is usually freely broadcast on the Internet, so it is the personal business of every citizen to contact lawyers; a qualified specialist can provide support and assistance if the service is well paid.

How to process a lawsuit, with the help of an experienced lawyer or on your own, is the choice of everyone.

Meeting application for division of joint property in divorce (model)

The hearing of disputes before a district or justice of the peace allows the defendant to file a counter-claim if it concerns the matter under consideration.

The purpose of such an application is to allow the second party to present its individual claims in the conflict, so that a counter-claim can be filed on the division of joint property.

This can be done if the plaintiff has initiated an action for divorce or the distribution of the common goods.

The Countersuit — What Is It and When Is It Made?

The preparation of the defendant ' s application is possible in any type of dispute where two or more parties are present, while at the same time more than two claims may be considered in one dispute.

• It may be submitted by any interested party participating in the examination of the case;
• The application shall be made at any time after the commencement of the trial and before the final decision of the judge is rendered;
• The requirements of the statement should relate to those matters dealt with in the current meeting;
• A citizen who transmits a counter-claim shall pay the Minister of State in accordance with the requirements of the law;
• The procedure for filing an application is the same as for making the main application.

Grounds for counter-claim

A joint property claim may only be prepared on the basis of such claims:

• The application concerns the plaintiff who prepared the main claim;
• The application was filed before the final decision was taken;
• The statement indicates the property in dispute.

The case law shows that the defendant spouses most often prepare such requirements for the plaintiff:

• The plaintiff only filed an action for divorce without taking the initiative to deal with other matters, and the second spouse wishes to distribute the common property, as described in the counter-claim;
• Confirmation of the grounds for excluding specific items from joint ownership;
• A proposal for a new joint property algorithm;
• Provide evidence that certain objects should be separated because they are purchased jointly and cannot be personal property;
• Request for payment of compensation or offer of compensation to replace certain tangible property;
• Request for rebuttal and cancellation of transactions with common property.

Attention!During the consideration of several motions, the judge shall decide which application will be granted and which application will be denied.

For example:

The citizen of A. and the citizen of O. decided to divorce. The citizen of O. filed an application for divorce and immediately requested the distribution of property between the spouses.

A. filed a counter-claim requesting recognition of the inherited house as a joint home. The woman argued that at the time of the inheritance, the house had an area of 50 square metres, and during the years of marriage, the spouses had made a major renovation of the dwelling. As a result, the house had become two-storey, and its area had increased to 150 square metres.

The judge decided to grant O. ' s claim for divorce, and A. ' s counter-application was granted in respect of the recognition of the house as a common property, and therefore he was divided between the spouses as joint property.

Property-distribution claimYou can download here.

Preparation and filing of a counter-claim on the division of property

A counter-claim is being prepared for the division of joint property on the basis of a universal pattern, and the basic requirements for such documents must be met.

• The request shall contain all important sections of information;
• A list of the attached documents must be added;
• The application shall be made to the office of the court, which shall then be registered and handed over to the judge;
• The number of originals to be made is as high as the number of main participants participating in the meeting.

It matters!The defendant has the right to request the court to defer the dispute to another hearing, which can be done if the defendant has not previously been informed of all of the defendant ' s demands and now wishes to submit a motion.

The content of the counter-claim

The requirements for claims are set out in articles of the Civil Code of the Russian Federation. The court reserves the right to refuse to consider a petition if the application is made in violation of the basic rules and requirements.

• Personal data of the parties to the dispute;
• Information on the original dispute currently before the court;
• The substance of the requirements;
• Confirmation of their declared prostheses;
• Inventory of annexed documents;
• signature.

As in the case of the main motions, a counter-claim for the division of common property must be filed in advance to enable the claimant to review and decide on the claims.

Documents

Each word of the statement of claim must be documented and the defendant must therefore prepare an appropriate evidentiary basis for his or her statement, which may include:

• The application itself, in the number of originals, as long as the main participants are present;
• A copy and the original of the personal passport;
• A marriage or divorce certificate, depending on the stage of the dispute;
• Documents relating to the property in dispute;
• Right-wing papers;
• Financial evidence of personal costs;
• Technical documents on property;
• Witness testimony.

It would be better to prepare two copies of each document, as well as bring the original paper.

I'm sorry. I'm sorry. I'm sorry.

Irrespective of the fact that a counter-claim is being considered in conjunction with another motion, it will be necessary to pay the Minister of State in full, and the Russian Federation ' s Tax Code provides for such amounts of State duty:

• 0.5% + 13200 – the price of the disputed property exceeds 1 million roubles;
• 1% + 5200 is the value of the disputed goods between 200,000 and 1 million;
• 2% + 3200 – the price of the claim varies between 10001 and 200000;
• 3% + 800 – the valuation of assets showed 20001-100,000;
• 4% - the value of the property does not exceed 20,000 rubles.

It is only after payment of the State duty that the judge accepts the application for review; the receipt must be the original, i.e. the stamp of the cashier who issued the transaction.

Model counter-claim on the division of property of spouses

A counter-claim in the property section depends on the situation, but it is possible to use a universal sample showing the main points of the application.

According to legal advice, it is not always possible to rely on examples from the Internet because each situation is individual and sometimes even the smallest points have a significant impact on the outcome of the dispute.

• Seek the assistance of a full-fledged lawyer;
• To issue the application independently and then submit it to the lawyer for examination;
• Prepare a statement in person, referring to samples from the Internet;
• Write the appeal based on the examples presented in the office of the court office.

It was up to the judge to take it into account.Since the court is not obliged to hear all counter-suits, the proponent must confirm that there are sufficient grounds for making its own claims and that each paragraph is supported by an appropriate document.

Could the court refuse to accept a counter-claim?

As mentioned above, the judge is not obliged to accept a counter-application; moreover, the representative of Femida must ensure that the application is prepared in accordance with the law and in accordance with the basic requirements of the PCO.

The main reasons for refusing to accept counter-applications are:

• The grounds stated in the application shall not give rise to a counter-claim;
• The claims filed are not relevant to the current meeting;
• The claimant submitted an incomplete package of documents.

Attention!If the judge considers that the evidence submitted is not sufficient and therefore refuses to accept the application, it is illegal, since each party has the right to express its opinion and make personal claims, and the lack of evidence can only lead to the preparation of a court decision denying the claim.

Before a cross-referral is prepared, there is a need to deal with the issues of jurisdiction.Court of Justice- It is a body authorized to decide on cases where there are no disputes.

Thus, the spouses had resolved all matters of interest peacefully in advance and then went to the court for legal approval of their agreements.

In the Magistrate ' s Court, appeals are heard quickly and the judge is then entitled to refuse to accept the application, arguing that this is the jurisdiction of the District Court.

District CourtIt may take months, even years, to decide on disputes where the parties to the conflict cannot resolve the situation on their own, and it may be possible to file counter-appeals with such courts without fear that they will be denied because of the wrong jurisdiction.

Property-sharing counter-claim

In the event that the defendant has a claim for the division of common property in any dispute arising out of a family-law relationship with the spouse, if such a claim may be made to set off the original claim or to exclude its satisfaction, he may file it with the court as a counter-claim.General Rules of ProcedureThe court hearing the original case does not take into account the principle of jurisdiction.

In accepting or refusing to accept such an action, the court shall make a determination to that effect.

In case of failure, itNot subject to appealas it does not preclude the filing of an application as an independent claim.

Claims are dealt with jointly, which has an impact on the delivery of the judgement, which can only be made after a dispute has been resolved with respect to all claims submitted by the parties.

When it is possible to file a counter-claim on the division of property between spouses

It is well known that the division of common marital property may be exercised through conciliation or judicial proceedings.

In so doing, the requirement of division may arise not only as an initial ground for bringing an action before the court, but also as a basis for a claim to be brought before a court of law.in other property and non-material disputesIf such a claim arises in the context of the defendant ' s legal proceedings, a counter-claim must be filed for the defendant ' s application.

Under article 137 of the Code of Civil Procedure, the defendant ' s right to bring a counter-claim on the division of common property and to consider it jointly with the original claim is enshrined in article 137 of the Code of Civil Procedure of the Russian Federation.

If such a counter-claim is filed after removal to the deliberative room or by the court, the defendant has the right to present it as an independent claim.

To avoid such a development, account must be taken ofconditions............................................................................the existence of at least one of which allows for the filing of a counter-claim for the division of joint property.

Thus, a counter-claim may be filed if:

1. Meeting demandis intended to set off the original claimThe principle of set-off is defined in article 410 of the Civil Code of the Russian Federation, according to which an obligation under an initial claim may be discharged in whole or in part by a competing, homogeneous claim, and in accordance with article 411 of the Code of Civil Procedure of the Russian Federation, the requirement of division of property as a set-off is established in accordance with article 411 of the Criminal Code of the Russian Federation.Impossiblewith regard to the requirements:
   • On compensation for damage to health or life;
   • On the recovery of maintenance;
   • If, on application of the plaintiff, the limitation period applies to the counter-claim.
2. Satisfying the counter-claim in whole or in partto exclude the possibility of satisfying the claim in the original claimThis will be possible in cases where a counter-claim of separation is made in the process of recognizing ownership of property by one of the spouses.
3. Between the original and counter-claim claims for the division of propertyIt's possible to trace the relationship.This condition is the most common for joint claims for the division of common property and allows them to be brought in all disputes arising from the family and legal relations of the spouses.

If a counter-claim for the division of common property is filed without at least one of these conditions, the court shall, on these grounds,definition of refusalSuch a determination is not subject to appeal, as it does not preclude the defendant from bringing a claim as an independent claim.

Example

G. filed an action in court for the dissolution of the marriage with D., as required by article 21, paragraph 1, of the Russian Federation (the Family Code).

Since it was not possible to reach a mutual agreement with the husband, D.

at the preparatory stage of the divorce process, decided to file a counter-claim on the division of the joint property of the spouses, indicating that there was a mutual relationship between the claims (art. 138 of the Civil Code of the Russian Federation).

The Court, in turn, accepted the application, which was determined by the Court, arguing that a joint examination of the divorce case and the division of property between the spouses would help to resolve the situation in a more expeditious, correct and objective manner.

How to draw up a counter-claim on the sharing of property between spouses

Based on the fact that a counter-claim is no more than a stand-alone claim for division of property brought before a court for the purpose of procedural economy for joint proceedings with another claim, it can be concluded that the procedure for its preparationslightly different from the preparation of the usual statement of claimThus, such a declaration shall be made in accordance with the requirements laid down in article 131, article 132, of the Code of Criminal Procedure of the Russian Federation.

When drawing up a counter-claim, it is necessary to determine the value of the claim (article 91 of the Civil Code of the Russian Federation) on the basis of the value of part of the property claimed by the claimant in the division.

A counter-claim concerning the division of the joint property of the spouses shall be filed with the court in the form of a written document.

The correct drafting of the case always affects the outcome of the case, so that, in the absence of professional skills and legal knowledge, it can be draftedIt's good to go to a lawyer..

Self-drafting must take into account the requirements of article 131 of the Criminal Code of the Russian Federation, according to which such action must include:

• The name of the judicial authority to which the claim is brought, the complainant ' s and the defendant ' s OSI, their place of residence, telephone and other personal details known to the applicant.
• Reference to the original application already before the court, the date of filing of the claim, the subject matter of the case, etc.
• Detailed and conciseA description of the situation between the spouses;(date of marriage, date of divorce, de facto absence of relationship, impossibility of living together, etc.) in chronological order, description of the specific circumstances of the situation and their reinforcement by the facts; these circumstances must justify counter-claims.
• Description of each item included in the equipmentwhich, in the claimant ' s opinion, is to be divided between the spouses, indicating the value of each of these items, taking into account their market price, condition and wear and tear at the time of the division.
• Legal justification of the need to deal with a counter-claim together with the original claims, and an indication of compliance with the conditions for doing so.
• The nature of the violation of property rights in common property by the claimant, expressed in the restriction of access to common property, its concealment, etc., or a description of the threat of such a violation or other circumstances requiring respect for the rights of the spouse of the property.
• The cost of the claimNote that if the other party disagrees with the cost of the claim, it is entitled to request an independent expert examination, and if the judge finds the value of the claim to be inadequate, he will determine it on his own (article 91, paragraph 2, of the Criminal Code of the Russian Federation).
• Controversial claims for the division of common property with an option acceptable to the claimant.
• List of attached documents, taking into account the requirements of article 132 of the Code of Criminal Procedure of the Russian Federation.

Commencement of a counter-claim in the division of property of the spouses

Under article 137 of the Criminal Code of the Russian Federation, the filing of a counter-claim is subject to the general rules on the filing of claims, except for the rules on jurisdiction. Thus, under article 31 of the Code of Criminal Procedure, a counter-claim on the division of joint property is to be heard only by those courts.Who is considering the original claimirrespective of the territorial jurisdiction rules to be applied.

Before a counter-claim is filed, the plaintiff must pay the Public Ministry, the amount of which is determined in accordance with the rules set out in article 333.19, paragraph 1, paragraph 1, of the Code of Criminal Procedure, on the basis of the value of the claim established by the application, and the bill of payment is attached to the claim, otherwise the claim may be dismissed (article 136 of the Code of Criminal Procedure of the Russian Federation).

As already stated, a counter-claim for the division of common property can be filedat any timebefore the judge is removed to a deliberative room, it must be borne in mind that:

• Right to counter-claimto be explainedIf there are such requirements, the judge shall explain that a counter-claim is filed under general rules, and it must be borne in mind that a counter-claim of division is admissible only in the context of the proceedings before the court of first instance.No counter-claims are filed at the appeal stage.
• The optimal stage for filing a counter-claim on the division of common property is the stageTrainingThe court decides whether to accept a counter-claim and, if it is refused, the applicant has the right to submit his claim as an independent claim.
• If a claim arises and a claim is filed at the merits stage of the case, the parties need to decide whether to postpone the hearing and make it available to the partiesTime frame for necessary trainingIn deciding to postpone the hearing, the court shall state the reasons for the delay and set a new day for the consideration of the case, taking into account the actions to be taken by the parties during the recess.

Court hearing of a counter-claim on the division of property

Once a counter-claim has been filed, the original and counter-claim for the division of property is considered jointly.

What's remarkable is,The procedural situation of the parties does not change- The defendant remains the defendant despite the presentation of his claims.

In such a hearing, it shall have the burden of proving the circumstances on which it bases its own claims, the parties shall present their arguments, and shall present evidence to the court.

When considering a counter-claim on the division of property, the court must determine the following circumstances:

• Periodduring which the marriage existed, from the moment it was registered to the time of its dissolution, which would make it possible to determine the legal regime applicable to property.
• The moment and reason for the joint ownership of the disputed property.
• Subject mattercomposition of common propertyThe cost of each item entering it and the location thereof shall be determined by the court on the basis of the testimony of the parties and the documentary evidence produced by them — cheques, contracts, consignment notes.
• The reasons for changing the regime of joint ownership may be based on the desire of the spouses to do so in court.
• The time limit for the limitation period, if the plaintiff has requested their application, should be noted that, according to article 200 of the Criminal Code of the Russian Federation, the limitation period begins when the applicant ' s right has been violated, i.e. his access to common goods has in some way been excluded or restricted.
• List of common property items after separationI'll give you everyone.from the spouses.

Once the circumstances had been clarified, the court had the right to decide.

However, it should be borne in mind that, in the situation under consideration, the decision is rendered by the court only after consideration of the claims of each party and contains conclusions for each of them.

If the decision does not satisfy the defendant, he or she is entitled to appeal against it.during the month321 of the Code of Criminal Procedure).

Questions From Our Readers and Questions from the Consultant

After the divorce, the wife filed for alimony, and we didn't run a division, so tell me, can I file a counter-claim for the division of property, in which, at the expense of all shared property, she would refuse maintenance?

Under article 410 of the Russian Civil Code, set-off for maintenance claims is prohibited.

Moreover, the alimony that the court may order you to pay under article 80 of the Russian Federation is not the maintenance of your ex-wife but of a common child.

So if the child is over three years old, the alimony and the division of property have nothing to do with you.

What if the court refused to take a counter-claim on the division of property?