Division of property after divorce through the registry office

Divorce. We devote a lot of materials to this tedious, but for many necessary process. Separately, issues of division of property rights were considered, incl. car, debts in general, mortgages in particular, etc.

Each case has its own nuances, but there is something else in common - the deadline for filing an application for division of property . How long can property be divided? Is it possible to be late and lose the right to your share of the joint property? What to do if you find out about a violation of your rights many years later?

Let's look at these issues according to the norms of Ukrainian legislation with examples of the most common situations.

What is a statute of limitations?

The concept of limitation period is defined by the Civil Code. Article 256 states that we are talking about the period during which you can apply to the courts to protect your rights and interests (civil). Or after how many years you can’t file a claim.

How long after a divorce can I file for division of property?

First of all, you need to pay attention to the words “after divorce” in the title of this section. Indeed, according to paragraph 1. Art. 72 IC, if the marriage is not dissolved, the statute of limitations does not apply !

Let's look at a simple example to make the situation even clearer.

Situation: Oksana was married to Vasily for about 10 years, after which they divorced. 5 years have passed since the divorce. Over the years of living together, the former family purchased a car, which the husband drove, both before and after the divorce.

Oksana did not claim the car, but recently found out that Vasily sold the car a month ago. The ex-wife decided to collect half of the proceeds.

Decision: If Oksana did not declare her intentions to share the car, then a priori it is considered that it was used by Vasily with her permission. At the same time, clause 1 of Art. 68 of the IC clearly states that divorce does not deprive the parties of the rights to shares in joint property .

Consequently, Oksana has every right to compensation for her share of the property, which can be achieved by drawing up a voluntary agreement on the division of property, a settlement agreement (Article 207 of the Code of Civil Procedure) or through legal proceedings.

First, make sure that it is really missed. In the vast majority of cases this is not the case. We have already shown above, but let us remind you again - the limitation period begins from the moment information about a violation of rights is received .

If we return to the considered Example 1, then the limitation period for divorce in the case of Oksana and Vasily:

1. Didn't start during the divorce.
2. It didn’t even start from the moment the car was sold.
3. It will begin from the date when Oksana learned about the fact of sale, if she can confirm this date in court.

Upon expiration of the limitation period, property claims cannot be made (clause 4 of Article 267 of the Civil Code), except for the cases specified in clause 5 of Art. 267 Civil Code. However, in a significant number of cases, the statute of limitations is not expired, even if one of the parties tries to convince the other of this.

Let's look at another example, placing our heroes in more difficult circumstances.

An important aspect in determining the limitation period is the possibility of suspending its running. Such reasons are specified in Art. 263 Civil Code:

• force majeure (force majeure);
• deferment established by law;
• suspension of the normative act regulating these circumstances;
• one of the parties is officially in legal military units transferred to martial law.

At the same time, paragraph 5 of Art. 267 of the Civil Code indicates that if there are good reasons for filing a claim after the expiration of the statute of limitations, the court has the right to satisfy the claim.

Unfortunately, there is no list of such reasons. The courts in this case are guided by the general principles of Ukrainian legislation, which can be formulated as follows:

Valid reasons for missing the statute of limitations on a property claim are circumstances that are independent of the will of the plaintiff and that prevent him from going to court to protect his rights.

Let's add additional circumstances to the previous example.

Division of property of former spouses after three years of divorce

In general, the process is the same as most lawsuits:

The list of required documents is also standard: passports, application, documentary evidence, etc. However, the main focus of the proceedings should be on proving the existence of valid reasons for the absence of a claim within the limitation period or the non-expiration of such periods.

Good reasons

This is what we discussed with you in Example 3, guided by paragraph 5 of Art. 267 Civil Code. If the reasons are recognized by the court as valid, the fact that the statute of limitations has expired should be ignored and the plaintiff’s rights restored.

Setting the start date for calculating the limitation period

Clause 1 of Art. 261 of the Civil Code establishes the beginning of the stage of calculating the limitation period as the day when the plaintiff learned of the violation of his rights . This is precisely the fact that needs to be proven. This may be a notification from the second party, photos, video materials, notification of witnesses, etc.

Let's look at one real example, applying it to our Vasily and Oksana. Perhaps the solution that the ex-spouse used will seem not entirely decent, but from the point of view of the law, everything was done within the framework of what was permitted.

Conclusion

Obviously, there are circumstances that allow the property of former spouses to be divided many years after a divorce. However, our advice: try to resolve all issues immediately - in most cases, an agreement between husband and wife (including ex-wife) is possible.

This is also important because any verbal agreement can lead to problems in the future. For example, the ex-husband left the house to his wife and children, and has no intention of laying claim to it.

He left the country and his whereabouts are unknown. The spouse will not be able to sell the property without the written consent of the other party, or such a transaction may be declared invalid.

In theory, everything is settled, in practice there are continuous problems.

Let us repeat, it is better to foresee all possible nuances and try to solve them with preventive measures than to carry out lengthy legal proceedings later.

How to divorce your spouse? Registry office, court, children and division of property

According to statistics, every hundred marriages in Russia account for more than half of the divorces each year. Today, every second marriage ends in divorce. According to surveys, the most common reason for divorce is marital infidelity, followed by financial difficulties.

How to get a divorce? At the registry office or court?

The law provides two ways to end a marriage: through the registry office or through the court.

Divorce through the registry office is possible:

• by mutual consent, and if the spouses do not have children under the age of majority;
• when one spouse is declared missing, incompetent, or sentenced to imprisonment by a court.

A divorce certificate is issued after a month from the date of filing the application.

Divorce of marriage is carried out by the court if:

• one party refuses to divorce voluntarily and does not appear at the registry office;
• the spouses have minor children.

Any civil disputes arising during the divorce process are resolved through the court in separate proceedings. Such disputes include:

• disputes about the division of property;
• disputes about obtaining custody of minor children;
• disputes regarding payments in favor of a disabled spouse.

Divorce through court

An application for divorce in the established form is submitted to the court at the place of residence or registration of the defendant.

In cases where the plaintiff, for legal reasons, is unable to attend the proceedings at the defendant’s place of residence, the application can be submitted to the court at the plaintiff’s place of residence.

This procedure is most often used when the plaintiff is the real guardian of minor children.

The following must be submitted along with the application:

• marriage certificate;
• copies of children's birth certificates;
• extract from the house register;
• receipt of payment of state duty.

Children and divorce

If the spouses have reached an agreement regarding the custody of minor children, the court is provided with a document confirming such an agreement. The document must contain information about the guardian and place of residence of the child, as well as the amount of alimony paid for his maintenance.

If an agreement is not reached between the spouses, the court establishes the procedure for communication between the child and his parents and the amount of alimony for his maintenance. Most often, the court leaves the child with the mother. In proceedings involving children under 10 years of age, the wishes of the child are taken into account.

If, over time, one of the parties wishes to challenge the child’s place of residence, it has the right to file a lawsuit in court. There are no statutes of limitations for such cases. If there are legal grounds, the court may transfer custody of the child to the other parent.

Division of property during divorce

Everyone knows the generally accepted truth: jointly acquired property is divided in half during a divorce.

Joint property includes:

• income of spouses from labor activities, including entrepreneurial and intellectual activities;
• pensions, benefits and other targeted social payments;
• real and movable property purchased with the common funds of the spouses;
• deposits, securities and other financial assets.

The list of jointly acquired property does not include property received by a spouse by inheritance, by gift or other gratuitous transactions. Also, property acquired before marriage is not divided.

Features of the procedure for dividing property after divorce

Sometimes it happens that a couple gets divorced without documenting the distribution of property. But the rule “an agreement is more valuable than money” does not always work. For the sake of profit, an ex-spouse may neglect the rights of their former spouse. In this case, it is still worth thinking about the process of dividing property through the court.

Is it possible to file for division of property after a divorce?

A claim for division of property can be filed simultaneously with a divorce petition or after the dissolution of the marriage. For example, a childless couple can divorce through the registry office, and go to court with the question of division of property.

Remember that not all property at the disposal of spouses during marriage is recognized as common property after its dissolution.

Thus, personal belongings and tools will remain with the person who used them. The exception will be jewelry and other luxury items. If they were not gifted to one of the spouses, but were acquired jointly, then they will be divided into equal parts.

Property inherited or received as a gift remains personal property.

Statute of limitations

The statute of limitations for the division of property of spouses after divorce is determined by Article 38 of the Family Code and is three years . However, it does not specify from what moment he takes the report.

With this approach, you can file a lawsuit even many years after the divorce, if there is a reason for it. Next, we will talk about how to file for division of property after a divorce.

How to submit documents for division?

Documents for the division of property are submitted, as always, to the court corresponding to the address of the future defendant. In order to file a lawsuit at your convenience, you need to have compelling reasons (poor health, child care).

If the total value of the property (the so-called cost of the claim) is less than 50,000 rubles, the problem can be resolved with a magistrate. For more expensive matters, you should go to the city or district court.

To initiate a case you will need the following documents:

• A claim that will set out demands and claims against the defendant;
• Documentary evidence of the plaintiff’s marriage to the defendant and the dissolution of this union;
• Papers confirming the right to property (checks, receipts, passports, etc.);
• Identification.

As for the state duty, its amount is proportional to the value of the property being divided. A receipt for payment must be submitted along with other documents.

3 years have passed, is it possible to divide the property?

The possibility of dividing property after a divorce, if 3 years have already passed, depends on what reasons prompted the plaintiff to take this step. If he learned of a violation of his rights by his former spouse, then the statute of limitations begins from that moment, and not from the date of divorce. If the rights were not violated, there are no grounds for assigning a new statute of limitations.

Let's explain with an example.

If citizens divorced but continued to share a dacha, then after four years, subject to the rules for sharing this property, there will be no reason to divide it.

It’s another matter if one of the spouses decides to sell a plot registered in his name but purchased during the marriage, without taking into account the interests of the other party. This is where it's time to file a claim.

• Even if the fraudulent transaction was carried out, the court will cancel it, since the share of the property rightfully belongs to the defendant.
• In the following video, a well-known lawyer will shed light on the question of what deadlines for filing for division of property after a divorce are provided for by Russian legislation:

Arbitrage practice

Despite the stipulated statute of limitations, it is better not to delay the division. By registering shares by agreement or through court, you will protect yourself from possible troubles. The following example from judicial practice on the division of property after divorce is a clear confirmation of this.

The plaintiff lived for a long time in marriage with citizen D., at which time they purchased an apartment. After the divorce, no division was made. The divorce occurred in 2005. Although already in 2000, D. began to live together in the Amur region with another woman, with whom he subsequently (in 2009) registered a relationship.

The court did not satisfy the plaintiff’s demands for half of this apartment, since the statute of limitations at that time (2010) had already expired. The court did not see any reason to believe that the plaintiff could somehow be unaware of the violation of her rights.

Cases involving the inheritance of property that has not been properly divided are particularly difficult.
So, citizens of T.T.V. and T.N.D. We bought a house during our marriage. After the divorce, property was not officially divided between the spouses. However, the former spouses, as well as their children, continued to live in this house, dividing it, obviously, in words.

After the death of T.N.D. the children applied for an inheritance as first-priority heirs by law. The court granted their request. Since half of the house purchased during marriage was subject to T.N.D.

Requirements T.T.V. The court rejected the cancellation of this decision, since the proposed T.T.V. grounds that T.N.D. never demanded partition, are not legal.

The due share of the inheritance remained with the children.

As you can see, the court's decision is influenced by numerous factors. And T.N.D. and the plaintiff in the first case did not register their right to property. But, since there was no threat to the rights of T.N.D, the share remained with her without division. In the first example, the plaintiff did not respond in time to the violation of her rights, which means she actually renounced them .

Is it possible to get a divorce in the registry office and divide property through the court?

Quite often, when it is necessary to sever family relationships, citizens are faced with the division of jointly acquired property. If you visit the websites of judicial authorities, you can find examples of statements of claim for divorce and division of property. But is it possible to get a divorce in the registry office and divide the property through the court?

Options

• Formalize the dissolution of the family union through the court (in cases where this is a necessary condition) simultaneously with the division of property, by filing an appropriate statement of claim.
• Dissolve the union through a judicial authority, and then file a separate claim for division of property.
• Carry out the dissolution of the marriage union through the civil registry office, and then carry out the division through the judicial authority.
• To formalize the termination of the marriage through the registry office, and to divide the property by drawing up an agreement (if the parties managed to reach an appropriate agreement).
• Divorce through the court, and divide the property voluntarily by concluding an agreement.

Thus, citizens have the right to divorce through the registry office, and to divide property through the judiciary. However, it is important to take into account that it is not always possible for spouses to divorce through the registry office.

When is a family relationship broken through the courts?

If it is necessary to formalize a break in family relations, it is necessary to take into account that not always spouses can apply to the registry office for this purpose. In accordance with the family legislation of the Russian Federation, a divorce cannot be filed through the registry office if:

• Citizens have joint children who have not reached the age of majority.
• One of the parties does not agree to end the family union.
• One of the spouses agrees to break off the marriage relationship, but he avoids visiting the registry office.

Division of property through a judicial authority

If citizens have decided to divorce through the civil registry office and divide property through the court, then they need to prepare a statement of claim. The claim will require the following information:

1. Name of the judicial authority to which the appeal is made (district/city court).
2. Details of the citizen acting as the plaintiff (full name, residential address, contact phone number).
3. Information about the defendant (full name, place of residence, telephone number for contact).
4. Cost of claim.
5. The name of the document (in this case – “Statement of Claim for Division of Property”).
6. Information that the parties were in a marital relationship, but terminated it (indicating the details of the document confirming this fact).
7. Information that the parties were unable to reach agreements regarding the division of property voluntarily.
8. List of property acquired by citizens during family relationships. When indicating jointly acquired property, it is extremely important to describe it in detail - if the spouses want to divide the property, then the address of its location, as well as characteristics (floor, area, etc.). It will also be necessary to indicate the value of the property to be divided.
9. A request to the court for the division of property, indicating the size of the share, amount, and name of the object.
10. List of attached documentation.
11. The date the claim was filed and the signature of the person acting as a plaintiff in this process.

Attached documentation

As a rule, the following is attached to a claim for division of property between spouses :

1. A copy of the identification document of the person acting as the applicant.
2. A copy of a document confirming the fact of registration/termination of the marriage relationship.
3. Copies of documents confirming the income level of the parties.
4. Documents (also copies) for the property that is the subject of the dispute (for example, an extract from the Unified State Register of Real Estate, a vehicle passport, and so on).
5. Documents confirming the value of the disputed property.
6. A receipt confirming payment of the state duty.
7. A copy of the statement of claim for the second party.

Download a sample statement of claim for division of property

If the plaintiff deems it necessary, he may attach other documentation to the claim, the presence of which may affect the outcome of the consideration.

It is also important to take into account that one spouse has the right to claim part of the property (not related to joint property) of the second if he proves that as a result of his actions the value of such property has increased significantly.

For example, a husband built a house on a plot of land belonging to his wife. If we are talking about the division, including this property, then the interested party will have to attach evidence confirming the fact of an increase in value and the commission of any actions.

Consideration of the claim

After the documents are received by the court, the judge will review them and then make a decision whether to accept and initiate a civil case or not. If the claim is accepted, an appropriate determination will be made, and staff members (usually the secretary of the meeting) will call representatives of the parties to the process. During the process, each spouse will have to present arguments in defense of their position, after which the judge will make a decision, and the parties will receive copies of the act.

If any of the participants in the process (no matter whether it is the plaintiff or the defendant) does not agree with the decision, he has the right to file an appeal to a higher authority. At the same time, the complaint must be filed before the deadline for appeal expires - otherwise the document will come into force.

A judicial act that has entered into force is subject to execution - if the parties refuse to comply with the court decision voluntarily, it will be enforced - through the bailiff service.

Is it possible to get a divorce in the registry office and divide the property through the court?

Is it possible to get a divorce in the registry office and divide the property through the court? Divorce between spouses administratively through the registry office is a simple and quick way to get a divorce in the absence of common children under 18 years of age, when both spouses give mutual consent to the divorce. There may be one obstacle to administrative divorce - a property dispute between the parties. But you can bypass it if:

How to get a divorce in the registry office?

1. You need to make a written statement, sign it by both spouses and prepare documents for it. If one of the spouses, due to health, employment or other good reason, is unable to appear at the registry office, then each draws up a separate written application for divorce and sends it to the administrative authority. The absent spouse has his signature on the application certified by a notary. It is also possible for one of the spouses – the initiator of the divorce – to submit an application. Then the marriage will be dissolved if the second spouse appears in person and gives his consent to the divorce. A general electronic application can also be submitted through the government services portal. Solely - only upon appearance at the registry office.
2. Next, you need to submit an application and the necessary documents to the registry office - at the place of residence of one or both spouses, or to the registry office where the divorced marriage was registered. The application must be accompanied by the passport of the divorce initiator and a marriage certificate. In case of mutual application, passports of both parties are submitted. If the marriage certificate has been lost, then you need to contact the civil registry office that registered the marriage for a solution to the issue of divorce. If it is not possible to contact this particular registry office, then before the divorce you need to obtain a second marriage certificate. It is also necessary to pay the state fee and confirm the fact of payment by attaching a receipt to the application.
3. After submitting all documents, you must appear to register the divorce. It is carried out after a month from the date of submission of the application. If the application was submitted by one spouse, then the appearance of the second is required. If each spouse submitted a separate application or they submitted a joint application, then the presence of one spouse is sufficient. On this day, the marriage is considered dissolved and the parties are issued a divorce certificate.

How to divide property after a divorce in the registry office?

If it was not possible to divide the property before the divorce, then after the divorce the former spouses can go to court to resolve the issue of the fate of the common property.

The general period for filing a lawsuit regarding the division of property is equal to the standard statute of limitations – three years.

But the beginning of the period is calculated not from the date of divorce, but from the date when the former spouse learned or could not help but learn about the violation of his property rights.

To divide property in court, you need to determine which property is considered common by law and is subject to division, and which is not.

Not subject to division:

• Personal property of the former spouse acquired by him through gratuitous transactions during marriage and under any transactions before marriage;
• Personal property of minor children, including deposits in their name:
• Debts acquired by a spouse to satisfy personal needs that are not related to or contrary to the interests of the family.

Having determined the property mass to be divided, you need to file a claim demanding division.

If some thing is not divided in kind, then the claim includes demands for compensation for part of the indivisible thing by the spouse who receives the indivisible thing.

The text of the claim indicates personal information about the parties to the property dispute, family members of the former spouses, the grounds for the claim to this or that property, and the circumstances of the case.

Attached to the claim are copies of passports of former spouses or only the plaintiff, divorce certificates, copies of documents on the birth of children, copies of documents on the ownership of property and methods of acquiring it, documents on the value of property, a document on payment of state duty, a copy of a power of attorney with the participation of a representative in the case, documents on the right to receive the disputed property on account of one’s share, a document on the assessment of the property, subject to its implementation. The plaintiff has the right to attach any other papers related to the issue of division of property.

If there is a risk of loss of the disputed property or alienation/concealment of it by the current owner, then the plaintiff has the right to ask in a lawsuit or in a separate document to take interim measures.

After drawing up a claim and selecting documents to support it, you need to submit it to the court. If the dispute is about property less than 50 thousand rubles, then the plaintiff should appeal to a magistrate. If the cost of the claim is higher, then the dispute between the former spouses will be resolved by a district or city court.

If there is real estate in the total mass, the jurisdiction of the case is determined by its location. If there are several real estate properties, jurisdiction is determined by the location of the most expensive property.

If the claim, in addition to the property dispute, contains issues regarding children or alimony, the jurisdiction of the case is determined by the plaintiff.

The plaintiff must appear in court, testify, respond to objections, and present evidence. He has the right to petition for the involvement of witnesses or third parties in the process.

After the decision is made, the parties receive copies of the decision and have the right to contact each other for voluntary execution or to the bailiffs (if the debtor refuses to execute) for forced execution.

Divorce and division of property through the registry office or court?

Please tell me this question. My husband and I have been married for 5 years, no children. An apartment was purchased with a mortgage in shared ownership (12 shares each).

We decided to get a divorce, the down payment for the mortgage was borrowed from my relatives, my husband agrees to return it to me, and I, in turn, will transfer my part of the apartment to him.

The question is how to file for divorce, in the registry office - with the conclusion of a notarized agreement on our agreement stated above, or is it still a divorce through the court?

Or the second option: we decide to divide all our property in half: an apartment, a car, loans - then file for divorce in court? I don’t understand a little, or the court is filed if only one of the spouses does not agree to the divorce, but we both agree, under certain conditions.

The client left a review about the service show Online legal consultation Response on the website within 15 minutes Ask a question

Julia, hello. The presence of jointly acquired property and the resolution of issues related to its division do not affect the procedure for divorce.

If you agree to its termination, then it is formalized in the registry office; you do not need to go to court for this.

According to Art. 19 of the Family Code of the Russian Federation

If there is mutual agreement to dissolve the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry office.

You would have to go to court if your spouse objects to the divorce.

Article 21 of the RF IC

Divorce of a marriage is carried out in court if the spouses have common minor children, with the exception of the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.

You just need to submit a joint application for divorce to the registry office.

Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status”

State registration of divorce is carried out by the civil registry office at the place of residence of the spouses (one of the spouses) or at the place of state registration of the marriage.

1. If there is mutual agreement to dissolve the marriage of spouses who do not have common children who have not reached the age of majority, the dissolution of the marriage is carried out by the civil registry office.2. Spouses wishing to dissolve the marriage submit a joint application for divorce in writing in person or send the said application in the form of an electronic document through a single portal of state and municipal services to the civil registry office. The application for divorce, which is sent in the form of an electronic document, is signed with an enhanced qualified electronic signature of each applicant. This application can be submitted through the multifunctional center for the provision of state and municipal services.

In a joint application for divorce, the spouses must confirm mutual agreement to dissolve the marriage and the absence of common children under the age of majority. The joint application for divorce must also include the following information:

Spouses wishing to divorce sign a joint statement and indicate the date of its preparation.

Divorce and state registration of its dissolution are carried out in the presence of at least one of the spouses after a month from the date the spouses filed a joint application for divorce upon presentation of a marriage certificate, which is returned to the applicants with a note on state registration of divorce.

In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the civil registry office to which the application for divorce was submitted, presentation of a repeated marriage certificate is not required.

According to Article 19 of the Family Code of the Russian Federation, with mutual consent to dissolve the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry office.

You have reached this agreement. You have no obstacles to dissolving your marriage at the registry office. The mere fact of having jointly acquired property does not affect this in any way.

Moreover, both during the marriage and after its dissolution, you can contact a notary and conclude a notarial agreement on the division of jointly acquired property. In this agreement you will indicate all the necessary conditions

• If you do not have children and both agree to a divorce, then the divorce is formalized in the registry office.
• The division of the property of the spouses is formalized by a notarized agreement on the division of property
• In art. 38 sk RF

The common property of the spouses can be divided between the spouses by their agreement. An agreement on the division of common property acquired by spouses during marriage must be notarized.

Divorce and division of property are in no way connected with each other.

That is, you can first file for divorce and then sign an agreement on the division of property, or vice versa, first sign the agreement, then get a divorce. The law does not prohibit this.

Your apartment is already actually divided, 12 shares for each. There is no need to divide it. If you agree to give your share to your spouse, then enter into a purchase and sale or gift agreement. The return of funds by your spouse can be formalized as a promissory note.

1. As for other jointly acquired property, due to the requirements of the rules of the Russian Federation, it is jointly owned and upon divorce is divided in equal shares.
2. That is, you can write down an agreement on the division of the car, but since it actually cannot be divided, you need to agree on who will go to the car with the payment of appropriate compensation.
3. Courts consider disputes about the division of property, that is, when the parties cannot agree

In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses' shares in this property, are carried out in court.

When dividing the common property of spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses.

If one of the spouses is transferred property the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.

Division of property after divorce in the registry office

Division of marital property

The division of jointly acquired property of spouses can be carried out at the request of any of the spouses during the marriage, during a divorce (dissolution of marriage) or within the statutory limitation period for the division of property after a divorce, which is three years. The division of the common property of spouses acquired during marriage, before its conclusion or after its dissolution, that is, during the period of maintaining a common joint household, can be made through an agreement on the division of property of the spouses.

Division of property of an individual entrepreneur: can spouses, after a divorce, divide loans and property of an individual entrepreneur, Divorce in the registry office and court in 2023

income of each spouse from work; entrepreneurial activity; results of intellectual activity; pensions, benefits received by them, as well as other monetary payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage due to loss of ability to work due to injury or other damage to health, etc.

Is it possible to get a divorce in the registry office and divide the property through the court?

If it was not possible to divide before the divorce, then after the divorce the former spouses can go to court to resolve the issue of the fate of the common property.

The general period for filing a lawsuit regarding the division of property is equal to the standard statute of limitations – three years.

But the beginning of the period is calculated not from the date of divorce, but from the date when the former spouse learned or could not help but learn about the violation of his property rights.

How to divide acquired property in a civil marriage

An official marriage registered with the registry office has legal force, which cannot be said about actual cohabitation.

The Family Code ignores the demands of cohabitants for the division of property acquired together. When parting, expensive items remain with the person who purchased them.

Small property that does not have significant value is distributed by agreement of the cohabitants.

Division of property after divorce through the registry office

What should those spouses do who do not have children, but have property claims against each other?

Divorce through the registry office and separation in court are completely non-contradictory procedures that can occur either simultaneously or alternately (and in any order).

During family life; Simultaneously with the divorce process (it doesn’t matter - in the registry office or in court); After a divorce (subject to the statute of limitations.

The procedure for divorce and division of property between former spouses A lawyer from Minsk regional specialized legal consultation No. 2 explains the procedure for dividing property between spouses after divorce.

Most likely, you know the fundamental provision that applies when dividing property of spouses in Ukraine - acquired during marriage, belongs to the husband and wife under the right of common joint property.

The limitation period for cases of division is three years from the date of official divorce (a court decision on divorce).

And if you are late, and the ownership of apartments, garages, “factories, newspapers and ships” is registered (even during marriage) with one of the spouses - be offended by yourself, you have wasted your share.

Questions on the topic: How much state duty will it cost to pay when dividing an apartment after a divorce?

Question: 4 months after the divorce, I purchased an apartment with a mortgage.

At the moment we want to divide jointly acquired property with our ex-spouse. Will the apartment I bought be considered joint property and will he be able to claim it? Question: After the divorce, my wife and I came to an agreement on the division of property.

I paid her her share, now I want to legally register the apartment so that it cannot lay claim to it in the future.

Lawyer for the division of property of spouses after divorce in Lyubertsy

When family relationships have finally and irrevocably reached the stage of rupture, then in this case the spouses decide to divorce.

If the spouses still have friendly relations, then the divorce process will go quickly. In order to get a divorce, you need to submit an application to the registry office, and then come at the appointed time to confirm your decision, and then you will receive a divorce. The only thing is that children must be of age when filing for divorce.