Debt-sharing action

In divorce, there is often a need to separate the joint property, and when the situation is examined in detail in the light of legal nuances, the property includes debts that have arisen during the period of family life.

And if you are in a state of dissension, then if you are in a state of dissension, then if you are in a state of dissension, then if you are in a state of dissension, then if you are in a state of dissension, then if you are in a state of dissension, then if you are in a state of dissension, then if you are in a state of disbelief, then if you are in a state of disbelief, then if you are in a state of disbelief, then if you are in a state of disbelief, then if you are in a state of dissension, then if you are in a state of disbelief, then if you are in a state of dissension, then you are in a state of dissension, and if you are in a state of dissension, then you are in a state of dissension, and if you are in a state of dissension, then you are in a state of disputation, and if you are in a state of dissensionation, then you are in a state.

1. By decision of the judiciaryTaking into account the interests, needs of one of the spouses and children.
2. At the time of marriageA marriage contract has been drawn up or an agreement has been signed on the legal division of joint property.

Under article 39, paragraph 3, of the Criminal Code, property is equally divided between the spouses if the shares of the joint property are equal; if, for example, the spouse ' s share is 1/3 and the spouse ' s share is 2/3, the debts will be shared in the same proportion.

1. Personal information on both sides of the trial (FIO, residence, contact details, etc.).
2. Name and details of the body to which the application will be submitted.
3. Full information on the credit institution with which the loan agreement was signed.
4. The value of the claim - The price includes the amount to be divided in the claimant ' s opinion.
5. The legal status of the monetary debt and the circumstances that led to its formation must indicate in the application the date of the marriage and divorce, the signing of the loan contract (his requisitions) and the purpose of the use of the money, the amount of the credit.
6. Table of contents (name) of document:..................................................
7. The application includes documentation that confirms the joint waste of credit funds.
8. The plaintiff reports his claims and the debt-sharing scheme, indicates the motivation (why the order of the division and the particular method).
9. Information on the credit balance, the repayment algorithm and the share paid to the bank: The claimant must indicate which of the two parties paid the loan, in what amount.
10. The correct statement of claim refers to specific articles of the law that describe a certain sequence of credit allocation, and there will be no need for information on judicial practice in similar proceedings (if any).
11. The claim must end with the claimant ' s signature, the date of filing, and a list of additional documentation.

A statement must be written in the official style, without reference, detailing the nature of the problem.

This is an important procedural document which must be in conformity with civil procedure law, namely 131-132 articles of the Code of Criminal Procedure of the Russian Federation.

Emotional speech, non-censorship speech should be avoided; the lawsuit should be processed carefully, without correction, errors and similar unacceptable defects.

The Court will consider only that claim, which is in full conformity with certain sections of the Civil Law Code.

The documentation of the irregularity is returned to the applicant for finalization (a specific period of time).

Before filing a property claim, it is better to consult with a qualified lawyer in the field of family/civil law; practice suggests that most of the lawsuits are returned to correction; a person who is completely unaware of the nuances of procedural law can make a serious mistake that could lead to the negative outcome of a debt dispute.

The preparation of the claim must take into account all the characteristics of the family relationship and must also consider and examine carefully all the conditions and circumstances of the case.

To download a sample of a debt-sharing claim

In addition to the claim, additional documents should be provided.

• A copy of the passport.
• The original receipt for payment of the mistress.
• A photocopy of the suit for each of the participants in the trial.
• Cerocopies of marriage certificates or/and documents that confirm that the parties were legally married and living together in monetary debt.
• Copies of children ' s birth certificates.
• A photocopy of the divorce certificate, documents that confirm the termination of marital relations and the dissolution of cohabitation.
• Copies of cheques, receipts and receipts must be provided by one or both parties to confirm the waste of assets.
• The attorney of the plaintiff ' s representative.
• Copies of loan contracts, certificates, bank statements confirming debts.

The list of additional documents set out above is approximate: when examining each individual property claim in detail, the court takes into account the individual aspects of the case; in order to gather a complete set of documentation on a given case, it is better to seek advice from a qualified lawyer; he will examine in detail the circumstances, evidence and then provide professional assistance.

It's important:The payment of the State duty is considered to be a prerequisite for the acceptance of the claim by the judicial authorities, and the plaintiff is also required to provide a receipt for the payment of the service.

The amount of the State duty on the property debt depends on the value of the claim (the amount claimed by the claimant), which includes the statutory minimum amount of 400 roubles plus the interest rate (4 per cent).

The higher the cost of the claim itself, the lower the interest rate and the higher the fixed amount, the maximum amount of the government service is 60,000 roubles.

The plaintiffs often make the same mistake in calculating the State duty by reducing the price of the claim for the balance of the debt, an approach that is incorrect according to the letter of the Ministry of Finance of the Russian Federation No. 03-05-06-03/05.

Example of calculation of State duty:The plaintiff Loscutnikova, A., filed a claim for debt-sharing with the defendant, former spouse Ignatenko V. Loscutnikova A., who stated that in the last year of his life together, loans had been made for the purchase of equipment, which amounted to 12,000 roubles.

The plaintiff provided documents to support the fact that the loan was received for family purposes, so the claim is worth 6,000 roubles (1/2 per cent of the debt per person), and the State's calculation is as follows: the claim price (6,000) multiplied by 4 per cent = 240 rubles; the minimum amount is 400 rubles.

As a result, 400 rubles must be paid for filing a claim.

Public compulsory duty can be paid through a court office, post office or bank account; when payment is made through a bank online service, confirmation of the transaction must first be obtained from the bank; a receipt must be printed and delivered to the bank for confirmation by the authorized employee.

According to the law, the amount of the State duty may be reduced or the plaintiff is entitled to payment in instalments, which is possible when the applicant is unable to pay the full amount immediately for a number of valid reasons (e.g. dismissal, illness, hardship) and such relief must be documented.

There is a statute of limitations for cases in this category, which can be filed for three years, and the property proceedings are conducted in the defendant ' s place of residence.

The value of the claim also depends on the court to which it will be brought, whether in the city or in the world; if the claim is less than 50,000 roubles, the case will be brought before a justice of the peace.

If the sum of 50,000 roubles was exceeded, the case was referred to the City Court.

For application, you can:

• Go to the office of the court.
• Send a lawsuit by registered letter.
• Transmit the claim through a trusted person (a power of attorney approved by a notary is required for this procedure).

The period of recourse to the court does not begin at the time of the dissolution of the marriage contract, but at the time when one of the spouses learns that his property rights have been violated, such as failure to pay the debt of one of the spouses or to impose any fine on the amount of the debt.

The judicial authorities consider the application and the additional documentation. If all the rules are in place, the action is taken, the authorities prepare the case for hearing. If any irregularities are found in the application, the case is frozen, the case is determined and explained to him. A time limit is set for the removal of all violations.

There is often a situation where, in divorce, one of the parties makes a claim, but does not take into account the fact that the property was purchased with the second party ' s credit funds.

Often, in such cases, the debt was paid in part, and the defendant had to file a counter-claim.

The judicial authorities shall take up such or similar application only when it meets several conditions:

• When the court meets the claim of the first complainant in whole or in part, without considering the counter-document, this decision will result in the infringement of the defendant ' s rights in the proceedings.
• There is a causal relationship between the claims and the documents are dealt with in a single trial, which provides an effective solution to the particular problem between the opponents.

The following applications may be filed:

• At any point in the trial.
• At the beginning of the process.
• Upon receipt of a copy of the second party ' s claim.

When the defendant wishes the judicial authorities to consider his claim quickly and reach a verdict, it is recommended that the counter-document be made available before the commencement of the proceedings or immediately after the presentation of the plaintiff ' s claims; in this situation, the court will deal with the particular case, taking into account the arguments of both parties.

If the defendant is not ready for the hearing, he or she needs to collect all the documents or perform other activities, the lawyers advise that a property claim be filed in the middle of the trial; the defendant has a chance to request a postponement of the hearing (there is an opportunity to collect the necessary documents and evidence).

In order for the office of the judicial authority to receive a counter-claim in respect of property, the defendant must provide such information:

1. Name of the judicial authority, its props.
2. Detailed but comprehensive information on the case to be considered by the court.
3. Personal information on the plaintiff and the defendant (FIO, contact details, place of residence).
4. Description of the subject matter of the property dispute.
5. Document title.
6. The presentation of arguments, evidence that the simultaneous examination of both claims would greatly speed up the process.
7. The defendant's claims in a counter-claim.
8. List of additional documents.
9. Date of application.
10. Personal signature of the applicant or his trustee.

Any property case requires consideration of all the characteristics of family relations, a detailed study of the nuances of a particular situation, and when the case is handled by a qualified lawyer, there is every chance of a favourable trial.

Because of frequent changes in legislation, the information can quickly become obsolete, so we recommend that you consult a qualified professional, and you can get free advice by asking online chat rooms, filling out a special form or calling a hotline number.

Attention!

• Given the frequent changes in laws, the information on the website may become obsolete faster than we can keep it up to date.
• Each case is individual and depends on many different factors.

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Debt-sharing action

♪ Main ♪ ♪ Property division ♪ ♪ Debt-sharing suit ♪

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This article deals with the preparation and filing of a claim for joint spousal debt – how to make a claim, what documents to prepare, how to pay the government service, where to file a claim.

General provisions on the sharing of marital debts

From the point of view of the family and civil law of the Russian Federation, the term "assets", in a broad sense, includes not only tangible property (movable and immovable property) as well as material rights (e.g. right to claim payment of debt, payment for transferred goods or services), but also tangible obligations (e.g. payment of debt).

In addition, there are often disputes between spouses as to whether debt is shared or personal.

And this is essential in the process of sharing, because under the law, only joint debts that are acquired in marriage are to be shared, while personal debts remain on the conscience of one of the spouses and are not shared.

With regard to the division of joint marital debts, taking into account the provisions of the law (art.

39 UK), the basic rule is as follows:Debts are shared by the former spouses in proportion to the share in the marital property.In most cases, it's equal shares.

But there are many ways in which it is not fair to divide debts equally; a derogation from the principle of equality of shares of spouses is allowed if:

• The spouses have drawn up a marriage contract or agreement on the division of joint property and property obligations (under article 39, paragraph 1, of the Criminal Code);
• The court (in the interest of one of the spouses or children) found it necessary to assign unequal shares to the spouses;

For example, if the joint property is divided equally between the spouses, the joint debt is shared equally; if the share of one spouse in the joint property is, for example, 1/3 and the share of the other spouse is 2/3, the joint debt will be shared in the same proportion (according to article 39, paragraph 3, of the UK).

Thus, the law provides for two ways of sharing marital property and property obligations:

In this article, we will consider only the rules for the preparation and filing of a claim, from legal literacy, the conciseness and completeness of which depend to a large extent on the outcome of the case.

How to make a valid claim for debt-sharing between spouses

The statement of claim is an essential procedural document, the form and content of which must be in accordance with the provisions of civil procedure law, in particular articles 131-132 of the Code of Criminal Procedure of the Russian Federation.

Contents of the statement of claim

There will be no action in the court registry that does not contain such information:

• Name and address of judicial authority;
• Data on spouses (the plaintiff and the defendant): F.I.O., address, telephones;
• Data on third persons (bank institutions that have granted loans, other natural or legal persons who are creditors): name or F.I.O., address, telephones;
• Title of the document: "Prosecution statement on the division of marital debts of spouses";
• A full and concise, clear description of the circumstances in which the spouse and/or spouse had a debt obligation, the date and purpose of the debt collection, the exact amount and manner of repayment, the manner in which the debt is spent (family or personal needs), the amount of the debt at the time of filing the claim, and all the circumstances that the claimant claims must be supported by documents (credit treaties, receipts, court decisions).
• Argumentation of claims for spousal debt: how the spouses ' debts should be divided; the plaintiff ' s position should be supported by references to family and civil law, jurisprudence.
• Title: "PROSU" and joint marital debt claims;
• List of annexes to the statement of claim;
• Date of filing of the claim;
• Personal signature of the plaintiff (the representative of the power of attorney).

Form of statement of claim

The statement of claim is written in the official business style of speech, in detail, but concise and clear, without words with expressive colours and uncensored expressions; the document must be neat, clean, free of malformations and corrections.

The application shall be filed with the court in as many copies as the parties take part in the proceedings; each copy of the claim shall be accompanied by a full set of annexes (in the form of copies).

Only such a statement, the content and form of which correspond to articles 131 to 132 of the Code of Criminal Procedure, will be accepted in the judicial office. An action that contains errors, inaccuracy, contradictions or other violations will be dismissed and returned to the plaintiff (to correct the defects within the time limit fixed by the court).

Model application for the sharing of spouses ' debts 2023

Using the above model, you can draw up your own statement of claim. If you have difficulty drafting a claim, you can at any time obtain free legal advice from the portal ' s lawyers.

However, before preparing and, above all, filing a claim, it is recommended that civil and family law lawyers be consulted, as practice has shown that many claims are not accepted by the Office at the first time.

A citizen who is not aware of the subtleties of procedural law may make a mistake or inaccuracy that an experienced lawyer would not allow.

Well, if the result of this error is only a delay in the proceedings, it is bad if it leads to an unfavourable resolution of the property dispute.

Every marriage case (especially property-related) is an individual case, so the preparation of the suit must take into account all the characteristics of the family relationship and examine all the circumstances of the case; it is better if this preliminary work is done by a professional lawyer; contact a lawyer right now; legal advice is provided free of charge.

Documents (annexes to the claim)

The application must be accompanied by the documents to which the plaintiff refers and which support the circumstances of the case.

ProximityList of documentsmay be as follows:

• Copies of the statement of claim for all parties to the proceedings (for the court, plaintiff and defendant, third parties);
• Original receipt of the amount of the State duty;
• A copy of the plaintiff ' s passport;
• A copy of the marriage certificate and/or documents confirming that at the time of the formation of the debt the parties were married, living together, sharing a household, that the family relationship had not actually been terminated;
• A copy of the divorce certificate and/or documents confirming the de facto termination of the marital relationship between the parties, the termination of the cohabitation and the maintenance of the joint property between the parties;
• Copies of children ' s birth certificates;
• Copies of credit contracts, receipts and certificates from banks, debt receipts, court decisions and other documents confirming the fact and amount of the debt, the manner in which the debts of either party or parties are paid;
• Copies of contracts for the sale, provision of services, reception and transfer certificates, receipts, cheques and other evidence of expenditure on family or personal needs;
• The defendant ' s acceptance of the plaintiff ' s debt;
• The power of attorney of the plaintiff ' s representative (if the statement of claim is signed and submitted by the representative).

As mentioned above, this list of applications is approximate, and it is important to take into account the individual characteristics of the case when preparing documents for the suit.

A full and specific list of the required documents can be drawn up by a lawyer, after a detailed examination of the circumstances and the evidence available.

If you need professional help, you'll get free legal advice on our portal.

Secretary of State

It has already been mentioned that an important condition for the acceptance of the claim by the court is the payment by the plaintiff of the State duty and the attachment of the payment receipt to the claim.

The amount of the State Ministry for Property Disputes (and the dispute between the spouses over debts is property) is determined in accordance with article 333.19, paragraph 1, paragraph 1, of the Constitution of the Russian Federation. The amount of the State Ministry is directly dependent on the price of the claim (the amount claimed by the claimant in the division of the marital debt) and consists of a fixed amount and interest rate.

Thus, the minimum interest rate is 4 per cent or the sum of 400 rubles (if the value of the claim does not exceed 20,000 rubles). The higher the price of the claim is the higher the fixed amount and lower the interest rate. The maximum State duty is 60,000 rubles (if the value of the claim is more than a million rubles).

Debt-sharing application, debt-sharing claim for spouses ' debts

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The phrase "the division of property between spouses" is often associated only with the division of real estate, cars and other expensive things; however, the legal term "assets" covers not only acquired assets, but also debt, which, in the event of divorce, is also divided if the money received has been used for the common needs of the spouses.

General provisions on debt-sharing

From a legal point of view, the term "assets" in relation to family law in the broad sense includes:

• an asset is directly movable and immovable property, as well as property rights (e.g. the right to claim payment for services rendered or repayment of debt);
• liabilities are property obligations or debts.

With this in mind, the basic rule of debt-sharing seems logical: debts are shared by the ex-husband and wife in proportion to their share of common property; most often they are shared equally in most cases.

The key issue in the debt section of the spouses' debt is the determination of their share of common property. How does it happen? As a general rule, the husband's and wife's shares are assumed to be equal. A departure from this principle is possible if:

• The other spouses provided for in the contract;
• The court, in the interest of the spouses or children, considered it necessary to distribute the shares differently;
• One of the spouses did not have a permanent income for a valid reason and, by his or her actions, contributed to the embezzlement of common property.

Thus, if the property is divided between the spouses in half after the divorce, then all debts are shared between the parties, whether in a bank or in a neighbour's account; and if the spouse's share of the property after the divorce is one-third and the spouse's share is two-thirds, then the former debt is shared in the same proportion.

There are two ways to share family debt:

• By means of a treaty;
• By suing the court.

The contractual method of sharing debts, as well as other features of the procedure for sharing obligations, are described in detail in a separate publication.

A lawsuit as a way to share a debt

If the matter is not resolved peacefully and an agreement between the spouses is not reached, the court comes to the aid of the court; the judicial procedure for dividing debts is more complex and long-term than the peaceful settlement of the issue.

In order for a debt-sharing case to be heard by a judge, it is necessary to file a claim and file it with a court competent to hear it, i.e.:

• A court of general jurisdiction (not arbitral or military);
• If the value of the property is up to 50,000 rubles, the case will be tried by a justice of the peace;
• If the value of the property is higher, it is either a district court or a city court.

The issue of territorial jurisdiction has been addressed in a mixed manner in practice.

Only a debt-sharing claim will need to be filed at the defendant's place of registration and nowhere else; difficulties arise when joint claims for the division of immovable property are made with the debt-sharing.

The fact is that the law places disputes over the right to immovable property within the jurisdiction of the court of the area where the object is located.

Some regional regional court members indicated that the division of property dispute was not a legal dispute, and should therefore be dealt with in the defendant ' s place of residence.

However, some courts still hold the position that an action for the division of immovable property in the place where it is located will be heard, arguing that joint property will only be recognized in court proceedings, until that point the statement of claim is a legal dispute.

Since a higher court is not binding on all courts in the country, in practice it is better to adhere to the rule of exclusive jurisdiction over immovable property. If a claim is returned for lack of jurisdiction, apply it with a clear conscience in the defendant's place of residence.

So, to which court do you refer the claim?

• In the place of residence of the defendant, the spouse, if only the debt is shared;
• the location of the immovable property to be divided at the same time as the debt.

The content of the claim

The content of the debt-sharing statement must be in accordance with the general rules applicable to such documents; the requirements for the content of the claim are set out in article 131-132 of the Code of Criminal Procedure of the Russian Federation and are strictly verified by the judges at the stage of the adoption of the claim; and it is better to consult a lawyer in advance on the basis of the reasons for the position and the description of the evidence.

The claimant must necessarily include in the content of the statement of claim:

• The name of the court competent to hear the case, its address;
• The full name of the complainant, his address, contacts given by his representative (if the case is handled by a lawyer or other person of trust);
• The full name of the defendant, his actual address, possible contact details;
• A third person is a creditor, as well as its address and other data;
• The circumstances preceding the dispute: information on the conclusion and dissolution of the marriage, reference not to the inability to separate property by agreement, the date of the conclusion of the loan contract, etc.,
• Property/longitude distribution requirements and legal and factual justification;
• The price of the claim;
• Annexes, date, signature.

In preparing a debt-sharing claim, note:

• A debt-sharing requirement may be made in conjunction with a divorce request;
• The spouses may also share the debt after the dissolution of the marriage at any time;
• There is a period of limitation of three years for the court proceedings when the spouse learns that his or her rights have been violated, and the date of the time limit will not be the date of dissolution of the marriage, but the date of the termination of the marriage, which is recorded in any way as the refusal of the second spouse to share voluntarily;

The duty to prove the expenditure of the debt on the family or the debt arising from the joint actions of the spouses rests solely with the spouse who seeks recognition of the debt jointly and severally (see review of the Supreme Court ' s jurisprudence).

Annexes to the claim

The claim must be accompanied by:

• A copy of the claim for the defendant, third parties (if any);
• Original receipt for payment of State duties;
• Copies of marriage, divorce and, where available, birth certificates;
• power of attorney in filing an action by a representative,
• Documents in support of claims: the contract on which the debt arose; certificates of payment of the debt and its balance, etc.

All documents are attached in copies, other than a fee receipt, and the originals are strongly recommended for the court to review during the trial.

Model statement of claim

The following is an example of a debt-sharing claim involving a debt owed to a bank: depending on the circumstances of the debt, the content of the claim may vary considerably, and it is recommended that a lawyer be consulted before a claim is filed.

• You can download the sample below to prepare your statement of claim.

IMPORTANT: When drafting a document in violation of the requirements of article 131-132 of the Code of Criminal Procedure of the Russian Federation, the court may either return the claim in the cases referred to in the Code of Criminal Procedure of the Russian Federation or give the complainant time to correct the defects, and if the defects are not corrected within the specified time limits, the judge will return the claim to the complainant, which will not prevent the complainant from re-approaching the documents once they have been brought into line.

Secretary of State

A claim for the division of property (even if only the debt is to be divided) is subject to a State duty, which is paid at any branch of the bank, and it is necessary to specify the claims for payment in the court at which the claim is filed or on the court ' s official website.

If a debt-sharing claim is made in addition to the other property-sharing claim, the amount of the claim is treated as follows: C+D, where C is the value of the property of the spouses to be divided, and D is the amount of the debt and other liabilities.

Note that the value of the claim is the sum of the debt added to the value of the property claimed and that the claim will not be the value of the entire property + the sum of all debts, but only the share claimed by the claimant!

Once the amount of the claim has been determined, the State duty is calculated on the basis of article 333.19 of the Tax Code as a percentage of the price of the claim, but not less than 400 roubles and not more than 60,000 roubles.

The common error in the calculation of the State is the reduction in the price of the claim by the amount of the debt, which is confirmed by the jurisprudence and explanations provided by the tax authorities.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

So contact our lawyer for a free consultation right now and get rid of the problems in the future!

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The Supreme Court explained how to share the debts of former spouses

The Supreme Court of the Russian Federation made an important point about the settlement of marital debts when it reviewed its colleagues' decisions on the division of property acquired during marriage, including loans received during that period.

The Supreme Court said that not all such debts in divorce should be shared in half, and the Supreme Court also explained which of the former spouses had to prove whether the loan money was for the family or not.

The division of marital property is not a new topic, but it is always relevant, especially since the problems of sharing the good acquired by citizens are constantly changing as society changes.

People began to live, on the one hand, better, and in the event of a breakup, they had more shared property; on the other hand, it was difficult to find a family that was not burdened with all kinds of loans — just loans, debts to acquaintances, or mortgages.

The law allows each spouse to have his or her own obligations.

The situation reviewed by the Supreme Court was the most common — a section that the former spouses themselves could not produce and asked the court to do so.

And it started when a citizen in Karelia asked the district court to share what they had made with their husband in a six-year-old marriage, and the list of what the lady asked for was not only a three-room apartment, a car, furniture and household appliances, but also a loan debt.

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The plaintiff's apartment was asked to share this — two thirds of the plaintiff's housing costs were paid out of her pre-marriage funds, so she felt she was entitled to a corresponding amount of square metres.

Together, they paid for one third of the apartment, and it had to be split in half, and the furniture and equipment had to be handed over to her, and she promised to give half of it to her ex-husband with money.

The plaintiff's outstanding loan asked me to split it in half.

The ex-husband filed a counter-claim, the car and the apartment split in half, and the loan was not shared because his ex-husband took it for herself. The District Court divided the apartment and gave most of it to the wife, the furniture and equipment, and the car to the husband.

The Supreme Court of Karelia did not agree with the decision of its colleagues, and the appeal in favour of the ex-husband decided to recover the difference between the property awarded and the loan; in reviewing the case, the Supreme Court of the Russian Federation stated that both the district and republican courts had made mistakes.

That's what the Civil Division of the Supreme Court reasoned.

According to one clause of the contract, the loan was taken from the bank "for the purpose of personal consumption", Raysud was based on family law, which "established the presumption that monetary obligations would arise during marriage in the interest of the family".

If the ex-husband disagrees with this claim, let him prove otherwise.

The appeal was accepted, but the Supreme Court of the Russian Federation did not, and he recalled that under the Family Code (art. 39) in the division of common property and in the determination of the share in that property, the spouses' shares were recognized as equal if there was no special agreement in that regard.

The common debts of the spouses are shared in proportion to the shares awarded to them, and the Family (art. 35) and the Civil Codes (art. 253) establish the presumption of the consent of one spouse to the actions of the other on the order of the common property.

However, there is no provision for such consent in the event that one of the spouses incurs debt owed to third parties.

Moreover, article 45 of the Family Code states that the obligations of one of the spouses may be imposed only on the property of the spouse; the law allows each of the spouses to have their own obligations.

The burden of proof lies with the party that requires the distribution of the debt; for the distribution of the debt between the spouses (art. 39 of the Family Code), the debt obligation must be shared.

That is, it is the initiative of both spouses to be in the interest of the family, or to be an obligation of one of the spouses, on which all the money received was spent for the family.

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The Supreme Court stressed — a legal fact in our case was the question of whether the loan received by the spouse had actually been spent on the needs of the family? Without clarification of the matter, the dispute could not be resolved.

The Supreme Court also observed that if the plaintiff was a borrower, it was for her to prove in court that the debt arose at the initiative of her husband and wife and in the interest of the family, and that all the money received went to the family, but the Karel courts had the burden of proving that the husband ' s money had been spent on her husband.

This is contrary to our legislation, as the Supreme Court observed, the local courts, recognizing the loan as a common debt, decided to recover half of the debt, including the outstanding portion, from the defendant, although the law that the share of the general good takes into account the common debt does not indicate the legal basis for the recovery of the spouse ' s outstanding debts.

The obligations arising from the marriage with respect to the loans that one of them will fulfil after divorce can be compensated for by the other, the transfer of some property to him, beyond what he is entitled to under the law.

If there is no property, the spouse of the borrower is entitled to claim compensation from the second spouse for the corresponding share of the actual loan payments already made to them, and in the other case, the Supreme Court observed that the second spouse would be in an unfortunate situation and that this approach was in line with article 39 of the Family Code.

All the local courts ' divisions had been set aside by the Supreme Court and ordered the dispute to be reviewed in the light of its explanations.

Claims for the division of credit between spouses after divorce

If there is a debt incurred during marriage, one of the parties may apply for the division of credit between the spouses after the divorce, and it is important to take into account the characteristics and nuances of the drawing, the legal requirements for the discharge.

Features of a spousal debt-sharing claim

Under article 39 of the Criminal Code, the common debts of the spouses are to be divided in proportion to the shares awarded, and proceedings may take the following forms:

• Application: The claimant shall determine the share and type of debt to be divided; the final decision shall be made by the court; expert judgement may be required in the case of real estate, i.e. mortgage.
• A counter-claim: If the proponent has not included debts in his application and has requested only the division of property, the defendant has the right to file a counter-claim, and the application is consolidated into a single proceeding.
• Litigation of a credit-sharing claim: It is relevant if the respondent disagrees with the proponent ' s claims for distribution of roles in the performance of the debt.

The form of an objection is not established by law; claims must comply with the requirements laid down by the Criminal Code of the Russian Federation.

What is important to reflect in a credit-sharing claim?

The law allows for the consolidation of several claims into one claim: division of property, loans, recovery of maintenance, etc. With regard to debts, it is important to include the following information for objective consideration:

• Date and circumstances of the processing of loans: In the event of a mortgage, the spouses are automatically registered with the borrowers and the division is permitted only with the consent of the credit institution (art. 391 (2) of the Code of Criminal Procedure of the Russian Federation).
• Credit allocation: By default, borrowers are considered to be issuing loans for the family with the consent of the second half, with no written authorization from the banks; if the defendant disagrees with the debt-sharing, he must provide proof of the money spent on the plaintiff ' s personal needs.
• The defendant ' s consent or opposition to a marriage loan is considerably higher in the first case, but the other party is entitled to object.
• The dates of the marriage and the dissolution of the marriage, which will confirm the issuance of the loan in the family.
• The amount of the loan under the contract, the balance of the debt at the time of filing the claim.
• Substantive terms of the loan contract: Some agreements provide for the separation of loans after the creditor has been notified by agreement, simplifying the process; however, this is rarely the case.
• References to the legal provisions allowing for the sharing of debts: art. 39 of the Russian Federation, Decision No. 15 of the plenary of the Russian Federation.
• An inventory of fissile property with value is required to determine the share of credit liabilities.

Model statement of claim for common debt

In addition to the above information, the claim must include the following data:

• Name of vessel;
• FIO, address of residence of the plaintiff and defendant;
• The details of the loan contract;
• Debt-sharing requirement;
• Date of delivery;
• The sponsor's signature.

It's also important to know:

Example of a statement of claim:

To the Central District Court of Voronezha

Claimant: Yakimenko N.K.

Address: Voronezh, Earl of General, 34

Defendant: Yakimenko A.V.

Address: Voronezh, Street of Peace, 11, square 55.

Statement of claim
on the share of total debt

Claims for the sharing of the common debt of spouses

The claim concerningthe share of the common debt of the spouses

In drawing up a claim for the division of the common debt of the spouses, attention should be drawn to the fact that the model contains different options for the development of events, you should choose the appropriate version of your situation, which is therefore unnecessary to remove. If there are difficulties and doubts, you should contact a professional lawyer.

B________________ district court

Claimant: ___(F.I.O.)

• Address:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• Tel.:________________________________________________,________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• e-mail: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The applicant ' s representative: ___(F.I.O.)

1. Address:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. Tel.:________________________________________________,________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
3. e-mail: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Respondent: ___________________(F.I.E.)__________________

• Address:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• Tel.:________________________________________________,________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
• ::................................................................
• The price of the claim is as follows:
• Claims for the sharing of the common debt of spouses

A marriage was entered into between the plaintiff and the defendant at the Division of Zags N of __, as confirmed by the certificate of marriage of `___' in N.

The marriage between the plaintiff and the defendant was dissolved in the civil registry/by decision of the court of the "___" court of the "N". The certificate of dissolution of the marriage was issued from "__" to "N".

1. OR
2. The present claim is for the forthcoming dissolution of the marriage between the plaintiff and the defendant, and the marriage between the plaintiff and the respondent has not been dissolved at the time of the present claim.
3. OR
4. At the time of submission of the present claim, the marriage between the plaintiff and the defendant had not been dissolved, but the family relationship and the common household had in fact been terminated with ___.

During the period of the marriage, the plaintiff entered into a loan contract from "___" in N ___/loan contract from "________________________________________.

N ___/other contract (hereinafter referred to as "the Contract"), under which the claimant received funds in the amount of ___ for the purchase of an apartment/accommodation/car/other.

The money received was spent on the purchase of an apartment/housing house/car/other, i.e. for the family.

After the dissolution of the marriage/after the actual termination of the family relationship in ___, the plaintiff, on his own behalf, paid the full amount of the debt under the Treaty by paying the creditor/loan/other person the sum of ______.

The plaintiff considers the duty under the Treaty to be a common duty of the plaintiff and the defendant, since:

- At the time of the conclusion of the (debt) agreement, the plaintiff and the defendant were married, living together and maintaining a common household, the family relationship had not been terminated in fact, as evidenced by the contract/certificate of dissolution of the marriage from ___.

N __/extract from the register of the authority of the ergs/decision ___ of the vessel from "__"

N _ of dissolution of marriage / legal act to which the plaintiff is liable in favour of a third party for the amount of the loan contract debt/other documents/explanations of the plaintiff/witnesses.

Under article 39, paragraph 1, of the Criminal Code, in the division of the common property of the spouses and in the determination of their share of the property, the spouses ' share shall be equal unless otherwise provided for in the contract between the spouses.

Under article 45, paragraph 1, of the Code of Criminal Procedure, only the property of the spouse may be recovered under the obligations of one of the spouses; if the property is insufficient, the creditor may claim the share of the debtor spouse that would have been due to the debtor in the division of the common property of the spouses for the purpose of applying for it.

In accordance with article 2, paragraph 2, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Child

45. The penalty shall be applied to the common property of the spouses on the basis of the common obligations of the spouses, as well as to the obligations of one of the spouses, if it is established by the court that all the obligations of one of the spouses have been used for the benefit of the family; if the property is insufficient, the spouses shall be jointly and severally liable on the basis of the said obligations for the property of each of them.

- The money received by the plaintiff was used for the family (joint needs), as confirmed by the Treaty, which states that the money was spent on purpose/effectively in court, which established that the loan was spent on the joint needs of the spouses/other documents, which confirm the use of the loan money for the family/explanatory evidence of the plaintiff.

In accordance with article 2, paragraph 2, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Rights of the Child on the Rights of the Rights of the Rights of the Child

45. The penalty shall be applied to the common property of the spouses on the basis of the common obligations of the spouses, as well as to the obligations of one of the spouses, if it is established by the court that all the obligations of one of the spouses have been used for the benefit of the family; if the property is insufficient, the spouses shall be jointly and severally liable on the basis of the said obligations for the property of each of them.

Application for the division of credit upon dissolution of marriage, how to share the spouses ' debts under the loan contract

How do you get a divorce and prepare a credit-sharing suit?

No one can predict the future, which is why people often have to share their loans after a divorce, but not everyone is aware of this procedure.

This statutory possibility will enable divorced spouses not to carry the burden of repayment alone, but to share it among themselves.

A court of law will be required to separate the property.

Therefore, it is necessary to prepare a valid application for a loan between spouses; usually the application is a standard document.

• An example of a debt-distribution claim, presented on our website, can be used to bring it to court.
• However, in order to avoid mistakes and failures, we recommend the involvement of our company's professional lawyer in its drafting.
• The statement will need to fully explain the reasons that led to its writing.
• It should reflect why the existing debt had to be shared, the remaining debt had to be calculated and the best option offered for the allocation of credit debts.
• A copy of the supporting documents should be attached to the claim for credit-sharing to banks.
• A credit contract and a bank certificate on the amount of the existing debt may constitute an evidentiary basis in this case, and it should be stated that the debt is considered to be common.

The most common situation is that the former spouses share an apartment purchased in a mortgage, and how do you read it correctly in the article: The division of the dwelling in a mortgage.

Efficiencies of divorce debt sharing

Those who break up officially can share existing debts at any time.

It is appropriate to demand a loan in a divorce, which will help solve all the problems that exist together.

In such a case, there would be no claim for division of property, a claim could be made in a divorce application, and the rules of jurisdiction should be borne in mind.

The application will have to be supplemented by documents indicating the existence of the marriage and, as mentioned above, the existing loan contract, and it is permissible to combine them with other requirements of the related dissolution of the marriage.

Can a loan be shared in the distribution of property?

If a marriage has been settled in the summer, a separate claim may be made for the division of common debts or a joint claim may be made against the division of property.

One claim could resolve the issue of credit obligations and shared property, and it would be necessary to formulate its own loan requirements and all existing circumstances to be supported by evidence.

In order to reconcile all existing requirements, you can contact a professional lawyer.

It is unlikely that it will be possible to draw up claims on its own, even if it is combined and reworked, and it is not a secret to anyone that there is a great deal of legislative intricacies, as is the division of the property of the co-habitants.

Division of property credit: example of statement of claim

1. Moscow District Court
2. Kalanchevsk, 43A
3. Claimant:Victoria Petrovna's Tooth

Cool, 14, square 10

• Defendant:Sbedev Sergei Pavlović
• Theatrical alley, 7, square 11
• Third person: PAO "Sberbank"
• Statement of claim
• on the division of credit in marriage

I, Zubova Victoria Petrovna, was the wife of Lebedev Sergei Pavlović, and the existence of family relations is confirmed by the marriage certificate No. 423656 of 12.11.2002.

On 15 September 2018, a divorce was filed in the capital register of the Republic of Uzbekistan, and the dissolution of the marriage is certified by certificate 123456.