Application for divorce with division of property sample 2023 through the court

In Russia before the revolution, divorce was considered something exceptional - the relationship between spouses was dissolved in the church, and a good reason had to be presented for the divorce process to proceed. In addition, the person responsible for the divorce could not enter into marital relations in the future. Very often, disagreements between the parties arise due to material assets that were acquired jointly.

In such situations, you can submit one application, which would include a demand to terminate the relationship, as well as property claims.

How to correctly write such an application, where to look for a good example for 2023, where to submit it, and what fee you will have to pay will be discussed further.

This issue is very sensitive and requires material costs, time and effort.

In order to minimize risks, we recommend that you first consult with the portal’s lawyers. Legal assistance is provided free of charge.

Conditions for divorce

In the present tense, the divorce procedure has been significantly simplified - now spouses can dissolve their relationship using absolutely any reason, including inconsistency of character. In addition, the procedure itself has been simplified. Now you can dissolve a marriage through the registry office or in a judicial authority.

In the first case, the procedure is considered faster, but it is possible to dissolve the marriage in this way if the parties do not have small children, property disputes, and also if their decision is mutual. In all other situations, it is necessary to file a claim for divorce and apply to the court.

Conditions under which a claim for divorce with division of property is filed:

• The parties terminating the relationship do not have children (under 18 years of age).
• The decision to divorce is not mutual.
• Spouses have disputes regarding the division of material wealth.

If these factors do not appear in your relationship, then it is enough to contact the registry office where the marriage was registered.

Where should I write an application?

As you know, to apply for divorce with division of property, several criteria must be met. Only after this is it submitted to the court.

• The location of the property in the application (if any).

Thus, if the value of the material assets listed in the document is less than 50 thousand rubles, it is considered by the magistrate’s court. Otherwise, it is dealt with in the district court. In addition, when any real estate is present in the list of divisible property, the document is written to the judicial organization at its location.

What can be divided by drawing up a statement of claim for divorce and division of jointly acquired property? The partition process concerns only those assets that were purchased by the parties during the family relationship between the parties. These include movable property, real estate, shares and shares in a business.

What cannot be divided through a statement of claim for divorce and division of property?

Cannot split:

• personal belongings of one party or another (but not luxury items);
• benefits received by inheritance;
• intellectual property;
• valuables received under a gift agreement.

In addition to material benefits, the court also divides debts between the parties. Thus, loan obligations are divided equally between the parties, unless it can be proven that it was taken out for the needs of one of them.

Cost of a claim for divorce and division of property

How to calculate the cost of a claim for division of property?

As you know, not only the nature of the court, but also the amount of the state duty that will need to be paid depends on the price of the document (this will be discussed later).

In addition, if the court doubts the accuracy of the claim value, then there is a risk that the papers will be returned for revision, which will significantly (and negatively) affect the speed of divorce.

You can conduct an examination with the help of a specialist who will issue a final conclusion on the cost of a particular item. In addition, you can make the assessment yourself - to do this, you need to subtract depreciation costs from the price.

How does the judiciary divide material wealth?

If there are no special circumstances (for example, the presence of small children on one of the parties to the dispute), the court divides material wealth equally between the parties. How to file a claim for divorce and division of property? In order for the document to meet all the requirements of 2023, it is important to write in it:

• name of the judicial organization;
• data of two parties;
• marriage information;
• circumstances and reasons for the decision to divorce;
• a list of property values ​​that are expected to be divided;
• assessment of material goods;
• requirements for the court;
• list of application documents;
• signature and date.

In addition, very often, together with such a document, another one is drawn up - a petition for the seizure of material assets. Such a paper will prevent the party in whose use the material goods are from selling them before division.

It is very important to include all of the above points in the document. Otherwise, it will be returned for further revision. It is precisely in order to draw up an application for the division of property during a divorce according to the model that requires correct filling out.

But where can I find a good example of such a document? You can always find a sample statement of claim for the division of material wealth between those divorcing on our website. A good example will help you quickly and correctly draw up a document for the court.

In addition, you can download the application form from us and simply fill in your data in this form.

In addition, very often the problem regarding how to divide property appears after filing a lawsuit to dissolve the relationship and even after the divorce. In this case, the document for the division of property is written separately. You can see a similar sample application on our website.

State duty

Among the documents that are important to attach to the application for division of property during a divorce, a receipt for payment of the state fee is mandatory.

As already mentioned, its size directly depends on how much the material goods that are supposed to be divided are valued. In addition, it is important to take into account the fees charged by names for the dissolution of a marriage.

Thus, the smallest payment for getting a divorce and dividing the property of the spouses will be 1,000 rubles, and the largest – 60,600 rubles. If the parties change their minds and decide to withdraw the complaint before the start of court proceedings, the amount paid in the form of state fees can be returned.

Time limits for issuing verdicts on divorce and property division documentation

It will take at least 2 months to resolve a standard divorce process with division of property. But most often, due to the complexity of property disputes, this procedure is significantly delayed.

What are the stages of divorce with division of property through the courts? The partition process is as follows:

1. Submitting an application.
2. Preliminary, main and final sessions.
3. Making a court decision.
4. Appealing the verdict (if necessary).
5. Entry of the decision into legal force.

In the case where the verdict of the judicial authority regarding the division of material wealth seems unfair to one of the parties, it is important to appeal it within one month.

If no claims are received from the parties within this period, the decision enters into legal force. After this, it is important to contact the registry office with the document to obtain the appropriate certificate confirming the divorce.

The divided property goes to the use of the party to whom it was determined by the judicial authority.

In addition, to save time, during the main meeting, couples can enter into a settlement agreement and divide the assets themselves. After this, the court approves this document.

Is it possible to withdraw a claim document?

Sometimes there are situations when spouses change their minds about getting a divorce - how to terminate the divorce process?

In this case, you must appear in court and write a corresponding statement - it must indicate the reasons that prompted you to take such actions. Usually the court meets the couple halfway and makes a decision in their favor.

Currently, property issues in divorces are of no small importance.

In addition, we have provided a standard application for divorce with division of property, a sample that you can use when drawing up your own document.

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Statement of claim for divorce and division of property

Filing a claim to court for divorce and division of property is like killing 2 birds with one stone. When you go to court with such demands, 2 issues will be resolved. This is a divorce (if the spouses have at least one common child under 18 years of age, or if they refuse to file a divorce through the registry office), as well as the division of property acquired during marriage.

In general, filing a claim for divorce and division of property does not provide obvious financial advantages compared to filing 2 separate claims. But sometimes this allows you to minimize the frequency of meetings in court with your ex-spouse and a court decision will be made faster than when filing a claim for divorce, and then a claim for division of property after a divorce.

• An example of a statement of claim and an approximate list of appendices to it can be found in the article, and ask additional questions to the site’s duty lawyer.
• Download sample: 
•   Statement of claim for divorce and division of property

Example of a statement of claim for divorce and division of property

To the Solombala District Court

Arkhangelsk

Plaintiff: Tereshchenko Anna Vyacheslavovna,

address: 163020, Arkhangelsk,

st. Pushkina, 46, apt. 74

Defendant: Tereshchenko Ivan Sergeevich,

address: 163020, Arkhangelsk,

st. B. Khmelnitsky, 3

Cost of claim: RUB 1,331,000.

The Plaintiff and the Defendant registered a marriage on February 15, 2012, OZAGS Primorsky District, Vladivostok. We lived together until February 2018.

From the marriage we have two minor children: Vladislava Ivanovna Tereshchenko, born in 2010, and Konstantin Ivanovich Tereshchenko, born in 2013. In February 2018

Due to constant quarrels and scandals, the Defendant stopped living with us and moved to another place of residence at the address: Arkhangelsk, st. B. Khmelnitsky, 3.

At present, we have come to a consensus that it is impossible to continue living together and that divorce in this situation will be the only reasonable option. There is no dispute about the place of residence of the children: by agreement with the Defendant, the children live with their mother. An Agreement on the payment of alimony was concluded between the parties.

During our marriage, we jointly acquired the following property:

• apartment with a total area of ​​56 m2 at the address: Arkhangelsk, st. Pushkina, 46, apt. 74, for RUB 1,500,000. The apartment was purchased with a mortgage: according to the payment schedule, the debt to the bank at the time of filing the claim is 650,000 rubles.
• car Honda C-RW 2000, worth 450,000 rubles. (used by the Defendant);
• Samsung washing machine costs 15,000 rubles. (located with me);
• Rowenta vacuum cleaner, worth 5,000 rubles. (is in my use);
• EVI oven - 134, costing 5,000 rubles. (in my use);
• electric stove EVI - 134, costing 6,000 rubles. (in my use);
• men's mink coat, worth 100,000 rubles. (for husband's use);
• Samsung TV, worth 50,000 rubles. (for husband's use);
• Samsung refrigerator, worth 35,000 rubles. (in my use).

The defendant voluntarily refused to divide the property, arguing that during the marriage only he worked (I did not work, I took care of the children). I do not agree with this argument due to Art. 34 RF IC.

Based on the above, guided by Articles 21-24, 34-39 of the RF IC, 131-132 of the RF Civil Code,

Ask:

1. Dissolve the marriage registered on February 15, 2002 in the Primorsky district of Vladivostok between me and the Defendant.
2. Allocate an apartment with a total area of ​​56 m2 to my property at the address: Arkhangelsk, st. Pushkina, 46, apt. 74, Samsung washing machine; Rowenta vacuum cleaner, EVI oven – 134, EVI electric stove – 134, i.e. property with a total value of 1,531,000 rubles, as well as debt under a loan agreement in the amount of 650,000 rubles.

1. The property of the Defendant is to be allocated a Samsung TV, a Honda C-RW car manufactured in 2000, a men's mink coat, with a total value of 600,000 rubles. with compensation from the Plaintiff in the amount of 316,000 rubles. taking into account mortgage debt.

Application:

1. Copy of the statement of claim
2. Receipt for payment of state duty
3. Copy of marriage certificate
4. A copy of the certificate of registration of ownership of the apartment
5. Copy of vehicle title
6. Copy of the mortgage loan agreement
7. Copies of receipts for the purchase of household appliances
8. A copy of the receipt for the purchase of a mink coat

Tereshchenko A.V. June 18, 2018

How to draw up a statement of claim for divorce and division of property

Before going to court, it is important to consider the following points:

• If the spouses entered into a marriage contract, then the division of property will be carried out in accordance with its provisions. You may consider filing a claim to dissolve the marriage contract. Depending on the circumstances, you can demand recognition of the invalidity of the marriage
• if there is no prenuptial agreement: property acquired during the marriage is considered common. Just look at the date of purchase. The rule on common property does not apply to personal belongings (except for luxury items or items of significant value), property received as a gift or inheritance (subject to supporting documents)
• Things of minor children are not shared, as they are intended to meet their needs, despite their value. They should not be included in the statement of claim for divorce and division of property.
• debts are also divided equally, unless it can be proven that they were spent exclusively on the needs of the spouse who took the loan and without the knowledge of the second spouse
• the property is assessed based on market value independently by the plaintiff. The defendant may dispute the price. If it is not possible to divide the property equally, compensation should be included in the statement of claim.

Filing a claim in court

The plaintiff - any of the spouses - files a statement of claim with the magistrate court (if the value of the claim, i.e. the value of the common property is less than 50,000 rubles), or with the district court at the defendant’s place of residence (over 50,000).

If the claim includes division of real estate, the claim is filed at the location of such property. When filing a statement of claim, 2 state fees are paid - for divorce (600 rubles), and from the price of the claim for division of property.

When considering such cases, the court can simultaneously resolve issues of determining the child’s place of residence (when there is no agreement between the spouses), assigning alimony, etc.

Court decision on divorce and division of property

The case is considered within 2 months, unless the court postpones the hearing due to the demand for evidence, calling witnesses, etc. Another month after the court decision is given to the parties to appeal. Then, in court, the parties receive a note on the court decision about its entry into force and, if necessary, receive a writ of execution.

If, after filing a claim for divorce and division of property and making a decision, it turns out that some property was not included in the claims, file a claim in court for division of property after the divorce.

How to apply for division of property?

An application for division of property is formalized as a claim. The decision on it is made in the court of first instance.

The magistrate will resolve the dispute if the price of the claim is no more than 50 thousand rubles. Most property disputes are resolved in the district court.

If the decision does not suit one or both spouses, then it must be appealed through the magistrate (district) court to the appellate, cassation and supervisory authority.

The statement of claim can be written in any form. The main thing is to indicate information about the parties, indicate contact information for the plaintiff, defendant, third parties and witnesses.

A list of property that is subject to division should be attached. The interests of common minor children must be taken into account.

The application is submitted along with the attached documents. Their list should include:

• written information of title to property;
• evidence that the spouse has a priority right to receive any property.

The court can also reduce the share of one of the spouses or completely deprive him of his share if, after studying the evidence presented, it is established that the spouse behaved unworthily in the family, did not work without a good reason, or spent money to the detriment of the family.

Such facts must be confirmed by direct and indisputable evidence.

Legislation

The property regime for spouses is established by Chapters 7 and 8 of the RF IC. Chapter 7 outlines the legal regime. It operates by default if the spouses have not signed a marriage contract or have not divided property voluntarily by formalizing a written agreement or expressing their will in another legal way.

The rules of civil law (Civil Code of the Russian Federation) are applied if there is a desire to invalidate a transaction, for example, when property was sold without the consent of the other spouse (in particular, real estate).

The legal regime determines the equality of the shares of the spouses if one of them fails to increase their share through the courts. Resolution of the Plenum of the Armed Forces of the Russian Federation on the resolution of divorce cases dated November 5, 1998 No. 15 is relevant.

What is shared and what is not shared?

All property that was acquired by spouses during marriage through paid transactions is subject to division.

The list of such property includes:

• movable;
• real estate;
• business;
• funds in bank accounts;
• income from patents;
• royalties from copyright works, etc.

Property that was inherited by each spouse, gifted to a spouse, or purchased by him or her before marriage is not subject to division.

Indivisible things - cars, luxury items are subject to valuation and sale, or the court can determine the procedure for using the property.

• The court, taking into account the interests of minor children, may leave certain property to the spouse with whom the child remains to live.
• According to a court decision, property purchased by one of the spouses before marriage can be recognized jointly if during the marriage the property increased in value due to the contribution of the other spouse.
• This is possible, for example, when one of the spouses inherited a private house in disrepair, but thanks to high-quality repairs made during the marriage, the house became suitable for permanent residence.

Personal belongings of the spouses are also not shared: clothes, household items. Deposits opened in the name of common children are not subject to division.

Registration procedure

A claim for division of property is filed by one of the spouses. A joint appeal is possible.

Property can be divided during a divorce through the court. First you need to determine the composition of the property mass.

If one of the spouses hides property or income that, having been acquired during the marriage, is also considered common, then a search for such property is required, which is carried out with the help of legal or judicial inquiries.

The search for property, the fate of which is determined by a court decision, is carried out by bailiffs at the request of interested parties.

Required documents

In 2023, for the division of property you will need:

• statement of claim;
• title documents for property;
• document confirming payment of state duty.

Before you figure out how to properly file a lawsuit, you need to take into account that the list of documents depends on the specific controversial situation. Documents must be attached to the statement of claim.

There should be exactly as many copies of the claim as there are participants involved in the lawsuit. Registration authorities and the guardianship service may be involved as third parties in the proceedings.

Application for division of marital property

The application must describe the current controversial situation and indicate the circumstances that are subject to proof. The final decision on the list of circumstances to be proven is established by the court at a preliminary hearing.

The application is drawn up according to the rules of Art. 131-135 of the Code of Civil Procedure of the Russian Federation, taking into account the norms of chapters 7, 8 of the RF IC.

Joint property

Jointly acquired property is subject to division, regardless of whether the spouses are married, divorced or already divorced. Either spouse has the right to go to court with a demand for division.

Creditors of one of the spouses or both spouses can also apply to the court with a demand for the allocation of a share and foreclosure, with subsequent registration to pay off the accumulated debt.

In case of divorce

The division of property during a divorce will only take place if a petition for this has been filed in court.

In court, a divorce is granted if the husband and wife have common minor children, for whom the court must determine:

• place of residence;
• amount of alimony.

Such issues can be combined in a statement of claim with property claims.

If the division of property is complex, then the court has the right to separate such an issue into separate proceedings. 

After divorce

The division of property after divorce is limited by the statute of limitations. It lasts 3 years from the date of registration of the divorce in the registry office.

At the request of the party, the missed deadline may be restored, but only if it was missed for a valid reason.

Going to court

Property is divided according to its location. If it is located in different places, then the division is made at the place of residence of the defendant. Appeal to the court is possible in person or by power of attorney executed in a notary's office.

How to file a claim?

To find out how to write an application for division of property, you should familiarize yourself with the norms of the Code of Civil Procedure of the Russian Federation.

It is important in the claim:

• indicate information about the parties to the process;
• provide the court with a list of property;
• state the circumstances why the share of one of the spouses should be increased.

Any facts can be presented if the plaintiff believes that they deserve the attention of the court.

Sample

The standard sample includes information about the parties, the text of the claim, and a list of attached documents. The statement of claim must be signed by the plaintiff.

A sample statement of claim for division of property is here.

State duty

The minimum fee is 400 rubles. The maximum size can reach 60,000 rubles.

You should carefully read the contents of Art. 333.19 of the Tax Code of the Russian Federation, especially with paragraphs. 1 clause 1 of the specified norm.

Deadlines

Procedural deadlines depend on the complexity of the case. In any case, legal proceedings must be carried out within a reasonable time. If this does not happen, then the interested party has the right to submit an application to the chairman of the court to speed up the proceedings.

The application is subject to consideration within 5 days after receipt for consideration.

Considerations

It is necessary to take into account the norms of the Code of Civil Procedure of the Russian Federation - Art. 154. In the district court, the claim is considered within 2 months after the start of civil proceedings, the magistrate considers the claim within a month after the claim is accepted for proceedings.

Making a decision

The decision is made after studying all the circumstances of the case. The operative part is announced after the decision is made in the deliberation room.

The full decision is drawn up within 5 days after the end of the trial (Article 194 of the Code of Civil Procedure of the Russian Federation).

The division of property must be carried out taking into account the interests of the children. For a successful outcome of the case, it is advisable to use the support of a qualified specialist.

Video about the registration procedure

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