How to seize property or a car during a divorce

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During the legal process for the division of property, the question often arises of the need to keep the common marital property intact until a decision is made on the issue.

To complete this task, it may be necessary to seize a car or other property. When carrying out the procedure, the parties have to rely on the articles of the RF IC, the Code of Criminal Procedure of the Russian Federation and the Code of Civil Procedure of the Russian Federation, as well as a number of federal laws, primarily the Federal Law of the Russian Federation No. 229.

Grounds for seizing a car

According to Art. 38 of the RF IC, spouses have the right to divide jointly acquired property both during the existence of the marriage relationship and after a divorce. This can be done by going to court or by entering into a separation agreement.

This means that at any time the parties can take advantage of any procedure accompanying the division, including the seizure of property in 2023. This possibility is especially relevant in relation to movable property, which is often registered in the name of only one of the spouses, although from a legal point of view it is joint property. First of all, this applies to cars.

Seizing the car is necessary to prevent such situations. If one of the parties has committed or there are suspicions that he will commit the following acts in the future, this may be regarded as justification for seizing the car:

• the car is put up for sale;
• the car is rented out;
• the vehicle is intended to be donated;
• the car was involved in an accident, and there is an assumption that it was deliberate;
• The car is disassembled into components for the purpose of selling them separately.

The list presented is not complete. It only reflects the most common reasons. Each of them individually can become the basis for seizure. Or several may be involved at once.

The procedure for seizing a car during division of property

The requested seizure of the car in 2023 is carried out with the use of interim measures so that neither party can make legally significant transactions in relation to the car, i.e. draw up a purchase and sale agreement or deed of gift.

Alternatively, but not necessarily, after a seizure has been imposed:

• owners may be prohibited from using the car;
• the car may be seized and transferred to third parties for storage.

But this is rare. Most often, the seizure of property implies the simple impossibility of carrying out legal acts with it.

All the main nuances regarding the seizure of a car during the division of property are set out in the Code of Civil Procedure of the Russian Federation (Chapter 13). This action is carried out only after a court decision, which is made when considering the relevant claim.

An application for seizure may be submitted to the court simultaneously with the filing of a claim for division of property. There are two ways to carry out the procedure:

1. During a personal visit, submit all required documents to the court office. This can be done personally by the plaintiff or his representative with a notarized power of attorney. It is possible to send a claim by registered mail.
2. At any stage of an already open legal process for the division of property, the interested party submits an application with a request to seize the property personally to the judge conducting the process or to the court office.

Submitting a separate application

If it is necessary to seize the car before the start of the hearing on the division of property, then it is necessary to file a separate statement of claim with such a request. This can be done simultaneously with filing a claim for division.

Filing an application to seize a car during a divorce.

It is drawn up in accordance with the standard rules set out in the Code of Civil Procedure of the Russian Federation and contains the following information:

• the name of the court to which the claim is submitted, indicating the address;
• basic information about the plaintiff and defendant (full name, date of birth, residential address, details of civil passports);
• a detailed statement of the essence of the matter. Here you should indicate the reason why the plaintiff believes that his property rights are being infringed or may be infringed in the future;
• reference to the claim for division of property, which is filed simultaneously with the application;
• request for interim measures to preserve property. Here you should give a link to regulations confirming the legality of the plaintiff’s claims;
• list of documents attached to the claim;
• date of document preparation;
• plaintiff's signature with transcript. If the application is submitted by a representative, his signature indicating basic passport data is also required.

The following documents may be attached to support the claim:

• ruling on acceptance of a claim for division of property (copy);
• documents confirming that the car is put up for sale, etc. These can be copies of documents, printouts of advertisements from websites, etc.;
• copies of vehicle documentation (technical and legal).

Sample petition to seize a car

It is possible to seize a car in 2023 during the consideration of the case on the division of property. To do this, the interested party will need to submit a petition to the judge to apply interim measures in relation to the car.

It will need to indicate:

• the name of the judicial structure to which the petition is submitted;
• basic information of the plaintiff and defendant (full name, residential address);
• a link to the claim for division being heard in court;
• a detailed statement of the essence of the problem;
• a request for interim measures;
• list of documents attached to the application;
• Date of preparation;
• applicant's signature with transcript.

On our website you can see an example of a request for interim measures and download it if necessary.

Filing a petition in a statement of claim

Filing a petition for seizure can be carried out within the framework of the claim for division of property itself, i.e. both documents are combined into one. Legal norms allow this possibility.

To do this, you will need to highlight a clause in the claim indicating the essence of the problem and a request to seize the car.

Execution of the order to seize the car

The petition must be considered by the judge directly on the day it is filed. And then a ruling must be made on it.

When filing a claim for seizure, the judge has five working days to make a decision on it. But here it is worth considering that an application for interim measures cannot be accepted for proceedings before a decision has been made to accept or refuse to consider the claim for division of property.

If the judge decides to grant the request for interim measures, he forms a corresponding resolution, which is then sent to the bailiff service department, where enforcement proceedings will be opened.

It is more convenient and quicker for the plaintiff, without waiting for the court to send it, to independently take the decision to the SSP department. This should be done at the defendant’s place of residence.

Further actions of the FSSP employee will depend on the decision made.

If it is necessary to simply seize the car without confiscating it, the bailiff sends a corresponding notification to the traffic police. As soon as the information is received there, then the owner of the car cannot take legally significant actions in relation to the car, because all of them must be registered with the traffic police, which will not give approval for their implementation.

Should the car go to the parent with whom the children stay? If, according to a court decision, the car should be seized from the owner, the bailiff establishes its location. Next, an act is drawn up in the presence of two witnesses.

If necessary, the car is confiscated and given to third parties for storage.

A pledged car can also be seized, but only subject to a number of conditions. Firstly, it is possible to seize the pledged property if it is pledged to the plaintiff himself.

But in cases of division of marital property, this is hardly possible. The judge may decide to seize the pledged car, provided that if it is sold at auction, the proceeds will be sufficient to cover the debt to the pledgee, the plaintiff and the bailiffs.

In all other situations, it is impossible to seize the pledged car.

Cancellation of interim measures

The need to cancel the seizure of a car may arise before a decision is made on a claim for division of property. The initiator of such an action may be the judge conducting the trial or the party filing the petition.

In this case, the judge makes another ruling. It is sent to the FSSP department, where enforcement proceedings on interim measures have been opened. Next, the bailiff sends a corresponding notification to the traffic police.

Arbitrage practice

Judicial practice in cases of interim measures, although extensive, is not diverse. Most requests for seizure during the consideration of cases on the division of property are granted.

But only on the condition that the car was purchased during the existence of the marriage relationship. At the same time, seizure in 2023 is rarely accompanied by seizure of the car.

As a rule, the procedure is limited to sending a corresponding notification to the traffic police.

Seizure of a car and other property is a procedure often used in judicial practice. Its implementation is possible only after a court decision is made. The act itself is carried out by bailiffs.

Seizure of property during divorce

It is not always possible for spouses to behave decently towards each other when a marriage is dissolved.

Often there are attempts to prevent the inclusion of any property in the divisible property, its sale or donation under a fictitious agreement.

The law provides for the possibility of seizing property during a divorce, which will reduce the risk of adverse consequences from the actions of an unscrupulous spouse.

Interim measures

Article 139 of the Civil Procedure Code of the Russian Federation establishes that the court has the right to apply interim measures. This is possible when there is a possibility that without their adoption, the decision in the case will subsequently not be executed or this will present significant difficulties.

Such measures are applied exclusively at the request of the plaintiff.

Types of collateral

Article 140 of the Civil Procedure Code of the Russian Federation establishes a list of interim measures. When dividing jointly acquired property, the following measures are applied.

Arrest

It is imposed on property registered in the name of the respondent spouse. This can be either movable (car, furniture, etc.) or immovable property (apartment, plot of land, etc.). This encumbrance also applies to funds, cash or bank deposits.

In this case, the seized item may be in the use of either one of the spouses or other persons.

Prohibition to carry out specific actions

The defendant is not allowed to carry out a number of procedures during the period of restrictions. As a rule, these are any manipulations that are aimed at alienating a thing (purchase and sale, donation, etc.) or its damage or destruction (disassembly, dismantling).

Prohibition of other persons to carry out actions related to acquired and subject to division of marital property

The ban may apply to actions that could lead to damage or destruction of the item. In addition, a prohibition may be imposed on transferring property to the defendant or fulfilling any obligations.

An example from judicial practice

Petrov A.P. borrowed money from the Valuev spouses in the amount of 500,000 rubles. The transaction was formalized with a receipt issued only in the name of O.D. Valuev’s husband. After some time, the couple decided to divorce. When filing a claim for division of property, Valuev’s wife A.B. filed a petition for security.

The court imposed restrictions, prohibiting Petrov A.P. return the borrowed money to the defendant O.D. Valuev, who was listed on the receipt. The motivation for this decision was that these funds are family funds. Returning them only to the husband may complicate the division in the future.

1. Property that is pledged cannot be seized.
2. The court has the right to apply one security measure or several at the same time.

The procedure for imposing an encumbrance

The court has the right to arrest or impose other restrictions at any time before it makes a decision. To do this, the interested person must submit a corresponding application. You can do this as follows:

1. Directly in the text of the claim.
2. A separate document along with the application.
3. By an independent petition at any stage of the consideration of the case, before the court retires to the deliberation room.

The state fee is not paid when filing a request for arrest.

The court is obliged to consider the petition and make a decision on it on the day it is received. In this case, neither the husband, nor the wife, nor third parties are subject to summons. The court makes a decision alone.

If the petition is satisfied and the seizure is imposed, the corresponding decision is sent to the plaintiff and defendant. Also, the court immediately sends it to all registration authorities - Rosreestr, traffic police and other authorities. It is also sent to bailiffs.

Contents and required documents

When drawing up an application, the following data is entered into its form:

1. Name of the court.
2. Parties to the case – full name, contact details.
3. The title is “Petition to secure a claim.”
4. Brief summary of the essence (“A case regarding the division of property is pending before the court” or “A claim for division has been filed”).
5. Justification for the need to seize (“Without these measures it will be impossible or extremely difficult to execute the decision”). If there is information that the spouse is trying to alienate something from the joint property, evidence of this must be attached. For example, a screenshot of an advertisement for the sale of a car from the corresponding website.
6. A list of specific property for which the plaintiff requests to be seized.
7. Justification that this property is jointly acquired and subject to division.
8. Demand to seize.
9. Date, signature.

An example of a petition will be below in the article.

When a request for security measures is supposed to be stated in a statement of claim, this is done as follows:

1. The text directly indicates the need to apply encumbrances.
2. The property objects planned for interim measures are listed.
3. In the pleading part of the claim, a separate paragraph sets out the demand for seizure.

It is highly advisable to attach documents confirming the rights to the property to the application. However, if they are not in hand (the other spouse does not give them) and it is impossible to obtain them on your own, then taking into account judicial practice, interim measures may be applied even without documents.

To do this, the property must be clearly identified in the application. That is, if this is real estate, indicate its name, address, location, area, cadastral number. In case of seizure of a car - its make, model, registration plate.

You can submit an application:

1. In person, through the court office.
2. Sent by mail.
3. By filling out a special form on the court’s website, sealing it with an enhanced electronic signature.

If the situation is such that it is necessary to seize the property as quickly as possible and prevent the unscrupulous spouse from reregistering family property, it is better to submit the petition in person. In this case, it will be immediately registered and sent to the judge. During the day, the application will be considered and a decision will be made.

Appeal

When the defendant receives an arrest warrant, he has the right to appeal it. He is given 15 days to do this from the date of receipt of the decision.

It makes sense to file a private complaint when the defendant’s sole property is seized. For example, for a house that he received under a will or as a gift. Since such property is not subject to division during a divorce, its seizure infringes on the rights of the defendant. Evidence must be provided to support the arguments presented.

A private complaint is filed with the same court that imposed the encumbrance. It is reviewed by a higher authority.

Filing a complaint does not in itself cancel interim measures. They begin to operate from the moment the decision is made.

Consequences of interim measures

When the court imposes security measures, the defendant does not have the right to dispose of the encumbered property. He will not be able to make a transaction with it that requires registration.

So, he may try to sell or donate a jointly owned apartment or car. When submitting documents for registration to Rosreestr or the State Traffic Safety Inspectorate, they will not be accepted. The transaction will not be registered.

In this case, such an unscrupulous spouse who violates the court decision is subject to a fine in the amount of 1,000 rubles.

Cancellation of arrest

Interim measures remain in force until the end of the proceedings. The following features are available:

1. If the claim is rejected, the arrest is valid until the decision comes into force, but the court, when making it or after that, can cancel the security measures.
2. If the demands are satisfied, the arrest remains in force until the decision is fully implemented. For example, if an apartment is divided, then until its part is re-registered in Rosreestr to the wife, the encumbrance continues to apply.

Also, security measures can be canceled if one of the parties requests it or on the initiative of the court. This is permissible at any stage of the proceedings.

In this case, the plaintiff and defendant are sent summonses to resolve this issue. If they do not appear, the court will consider the petition and make a decision without them.

When the arrest and other encumbrances are cancelled, the registration authorities are immediately informed about this. This decision can be appealed by the dissenting party.

Seizure of a car

Let's take a closer look at the procedure for applying interim measures using the example of how to seize a shared car before a divorce, which is the most common.

The couple are planning to divorce. Joint property acquired during marriage includes a car registered in the husband's name. He uses it all the time.

The wife files a claim for divorce and division of property. At the same time, she has concerns that her husband may sell the shared car at a reduced price to his friends or relatives, or give it as a gift.

To prevent this, simultaneously with the claim, you need to file a petition to seize the car. You can prepare it using the following sample.

• Znamensky District Court
• Saratov
• Plaintiff: Luzhina Maria Vyacheslavovna,

st. Gagarina, 23, apt. 5, Saratov

Defendant: Luzhin Igor Romanovich,

st. Gagarina, 23, apt. 5, Saratov

Petition

on securing a claim

The plaintiff filed an application for divorce with I.R. Luzhin to the Znamensky District Court of Saratov. and division of property.

It includes a KIA RIO car, state number E523 GR 199. The specified vehicle was purchased during marriage, registered in the name of the defendant and is in his use.

I have now learned that Luzhin I.R. trying to sell a car without my consent. This is confirmed by a screenshot of the advertisement from the Avto.ru website.

Based on the above, guided by Art. Art. 35, 139, 140 Code of Civil Procedure of the Russian Federation,

ASK

Seize Igor Romanovich, registered in the name of Luzhin, residing at the address: Saratov, st. Gagarina, 23, apt. 5, KIA RIO car, state registration plate E523 GR 199, registered with REO in Saratov.

Plaintiff Luzhina M.V.

"12" November 2017

If this petition is granted, the court immediately forwards the decision to the traffic police authorities. After its receipt, the spouse will not be able to make any transactions with the car.

However, it may turn out that before the traffic police received the documents, the car had already been sold at a reduced price. Then the spouse whose rights are violated by such a transaction can demand payment of half the cost of the car.

To determine the real price of the car, it is necessary to involve an independent specialist. He will set the price at the time of sale, based on the year of manufacture, mileage, and condition.

Compensation will be calculated based on this amount, and not the one specified in the contract.

Section in case of “outsider” arrest

The vast majority of couples contemplating divorce have debt. As a rule, these are outstanding obligations on a loan or note at the date of divorce.

It happens that spouses are late in returning funds. Then the creditor (for example, a bank or individual) recovers the required amount through the court. In this case, the property of the spouses will be seized.

If a husband and wife decide to divide what they acquired during marriage, then part of the property may at that time have encumbrances. Here the question arises whether seized property can be divided during a planned divorce.

Existing encumbrances prohibit performing only certain actions with the property, as a rule, its alienation. But they are not an obstacle to the division of the thing that was previously seized.

Thus, spouses have every right to file a claim or enter into an agreement on property that has restrictions in another case.

Seizure of property during division: how to file a petition to seize jointly owned property (car)

Seizure of property during division is one of the most common interim measures aimed at preserving common property from concealment. It is carried out at the request of the plaintiff , which indicates all things subject to seizure and involves a ban on the defendant from disposing of, and in some cases owning and using, such disputed property.

Satisfying the petition of the plaintiff spouse, the court issues him a writ of execution, which he sends to the bailiffs for immediate execution. Those.

, in turn, determine the location of the property, draw up an inventory report , which will be used to arrest it.

The seizure of things subject to registration is carried out by the registration authorities on the basis of a bailiff's order. The following measures are cancelled:

• at the initiative of the parties - in case of resolution of the dispute;
• is removed by the court upon execution of the decision.

Why is it necessary to seize the joint property of spouses?

According to Art.

38 of the IC, if the former spouses were unable to agree on the division of jointly acquired property amicably, then this procedure can only be carried out in court .

Quite often, the lack of agreement on this issue is the cause of the conflict that arises between spouses.

Against this background, unscrupulous parties often try to hide common property , which will become an obstacle to the execution of a future court decision on division.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

In order to avoid such situations, as well as to preserve property from concealment and ensure full execution of the court decision, spouses interested in an honest division of property must petition the court to apply measures to secure the claim (Article 139 of the Code of Civil Procedure).

The most common measure to ensure the safety of disputed property is the arrest of jointly acquired property that is in the possession of the defendant or in the custody of other persons (clause 1, clause 1, article 140 of the Code of Civil Procedure). Arrest, as a measure to secure a claim for division of joint property, presupposes :

• Encumbrance of seized things, by limiting the rights of owners to dispose, own , and in some cases use such things. Sometimes the seizure of property may involve the seizure of specific items and their transfer for storage to interested or third parties.
• Drawing up an act of seizure, with an inventory of the seized items and recording their condition at the time of the procedure. Seizure of things subject to registration also involves recording the encumbrance with the authorities carrying out such registration (Rosreestr, State Traffic Safety Inspectorate).
• Prohibition on making any transactions with seized property. This allows you to avoid selling, donating common property or other ways of alienating it in order to hide it from division.
• If funds in bank accounts are seized, this will exclude the possibility of cashing them out , transferring them and other money transactions.

Example

Citizen B had been trying for several years to sell the apartment he bought while married to T, but due to regular quarrels and separation from his wife, she did not give him written consent, which was required by paragraph 3 of Art. 35 SK. However, after the divorce procedure, this need disappeared and B again decided to sell the apartment, quickly found a buyer and even set a date for the transaction.  

Having learned about this T, considering the specified apartment, according to Art. 34 of the Insurance Code, jointly owned, filed a lawsuit in court for the division of common property, with a request to seize the specified apartment as a measure to secure the claim (Art.

140 of the Code of Civil Procedure) To substantiate her demands, T presented the information she had about the upcoming sale. Based on the above, the court accepted the claim for consideration and seized the apartment, thereby disrupting the upcoming deal.

Terms of seizure of property during division

The legislation does not provide for any specific periods during which the seizure of jointly acquired property of spouses will be effective . However, they can be determined in relative terms, based on the grounds for canceling interim measures. So, according to Art. 144 of the Code of Civil Procedure, cancellation of arrest is permissible at the initiative of the parties to the process or the court itself.

Based on this, the seizure of property can be lifted before the court makes a decision and will remain in effect until the dispute is resolved amicably, until the plaintiff abandons the claim, the defendant recognizes the plaintiff’s claims, etc.

If the seizure of joint property has been preserved until the court makes a decision, then its effect must be maintained until such a decision is fully executed (clause 3 of Article 144 of the Code of Civil Procedure).

In ideal terms, the period of seizure of property should not exceed the total period for conducting court proceedings - 2 months (Article 154 of the Code of Civil Procedure) and the period for fulfilling the requirements of court decisions - 2 months (Article 36 of the Federal Law “On Enforcement Proceedings”), i.e.

4 months , which, however, is very rare.

Seizure of property during division of property

The procedure for seizing common property, as one of the interim measures, is implemented exclusively within the framework of the judicial process by the court itself on the initiative of the plaintiff or other persons participating in the case. To do this, the plaintiff must state the corresponding demand in a statement of claim or in a separate petition. Further, the seizure procedure involves the following steps :

• Consideration of the plaintiff's claim . If the demand for seizure of common property is stated in a petition, then it is considered on the day it is submitted (Article 141 of the Code of Civil Procedure), if with a claim, on the day the claim is accepted.
• Issuance of a ruling on seizure . If the plaintiff's claim is satisfied, the court issues an appropriate ruling to seize the property, indicating the specific things on which it is seized.
• Issuance of a writ of execution for seizure . According to Art. 142 of the Code of Civil Procedure, it is issued to the plaintiff immediately after the court issues the appropriate ruling.
• Submitting a writ of execution to the FSSP department . The execution of the determination to secure civil claims is carried out in accordance with the provisions of the Federal Law “On Enforcement Proceedings”, according to which the filing of the writ of execution is carried out to the FSSP body at the place of residence of the debtor.
• Execution according to the issued writ of execution . Carried out by the bailiff immediately, without notifying the debtor of voluntary execution. In relation to property subject to registration (real estate, cars, motor vehicles), the bailiff issues a seizure order, which he sends to the registration authorities. In relation to other movable property, in accordance with paragraph 5 of Art. 80 Federal Law No. 229, an inventory act is drawn up, which imposes a seizure.

Petition to seize property

As already mentioned, a petition to seize jointly acquired property can be filed at any stage of the legal process for its division, before a decision is made , if the plaintiff has concerns that the defendant’s actions may make it difficult or impossible to execute a subsequent court decision, for example , he intends to sell or donate the common property.

The petition is submitted by the plaintiff in the form of a written document executed in free form. Considering the significance of the procedure and the possibility of adverse consequences, the application is considered on the day it is received (Article 141 of the Code of Civil Procedure).

Thus, a petition to seize jointly acquired property must contain :

• information about whether a specific claim for division of property is pending in court;
• a subject-by-subject description of the disputed property that is subject to division, indicating its characteristics, owner and location of the property;
• a description of the circumstances that, in the applicant’s opinion, are grounds for believing that the defendant will take actions the consequences of which will make it difficult or exclude the possibility of executing the court decision on the division of marital property;
• legal justification for the need for seizure as a measure to secure a claim;
• request for seizure and application of other measures to secure the claim.

Seizure of household items during the division of jointly acquired property

According to Art.

446 of the Code of Civil Procedure, household items (items of ordinary home furnishings and household items) are among the things for which collection by writs of execution is prohibited , which, in the opinion of some spouses, may exempt such property from seizure during its division. Such property usually includes furniture, lighting fixtures, kitchen utensils, plumbing fixtures, bedding and bath accessories, small household appliances, etc.

However, this provision prohibits the seizure of such property only for the purpose of foreclosure. Since the requirement to seize common property is set out in a court ruling, according to paragraphs. 5 paragraph 3 art. 68 Federal Law “On Enforcement Proceedings”, such seizure is a measure of compulsory execution.

Please note that in order to be seized, all seized items must be listed in detail in the writ of execution (act of seizure).

Seizure of a car during division of property

According to the provisions of Order of the Ministry of Internal Affairs dated November 24, 2008 No. 1001 “On the procedure for registering vehicles,” a car is one of the vehicles subject to mandatory registration with the traffic police. According to clause 24.

1 of the Order, registration is carried out for individuals - owners of vehicles.

Based on this, the seizure of cars during the division of property should be carried out by the registering authority - the traffic police .

Thus, the seizure of a jointly owned car during the division of the spouses’ common property is carried out in the general manner specified above - by petition, a court ruling, issuing a writ of execution and submitting it to the FSSP.

The further procedure, due to the participation of the registration authority in the arrest, is somewhat different from the typical one :

• According to Art. 80 of the Federal Law “On Enforcement Proceedings”, the seizure of a car, carried out by the registration authority, is formalized by the bailiff issuing a decree on seizure , which is sent to the traffic police on the same day.
• Traffic police officers, having received the corresponding resolution, make a note in their electronic register that a specific vehicle has been seized, which will not allow it to be deregistered and no transactions can be made in relation to it.
• Further, if the court ruling requires restriction of the right to use a shared car, the bailiff establishes its location in order to draw up an inventory report and transfer it for safekeeping to the plaintiff or other persons. Before determining the location of the shared vehicle, drawing up such an act is impossible.

Seizure of property during division of debts in divorce proceedings

According to paragraph 3 of Art. 39 of the Family Code, the common debts of the spouses are distributed between them in proportion to the shares awarded to them during the division of jointly acquired property.

Thus, the possibility of dividing common debts is made by the legislator dependent on the procedure for dividing common marital property - without this, the division of debts is possible only by contract , by concluding an agreement.

Based on this, the division of debts in court can be carried out at the request of one of the divorcing spouses, only within the framework of a claim for the division of common property.

Please note that the common debts of the spouses, which can be divided during divorce , according to Art. 45 SK are considered:

• debts where spouses act as debtors at the same time (joint and several debts) - co-borrowers on loan obligations, co-buyers under sales and purchase agreements, etc.;
• debts of one of the spouses received with the consent or guarantee of the other;
• debts of one of the spouses, if the benefits received under this obligation were used as common property.

Questions from our readers and answers from a consultant

How can I quickly prevent my husband from selling a disputed car? We carry out the division of property through the court.

You need to submit as soon as possible to the court hearing the case a petition to seize the car as a measure to secure the claim (Article 140 of the Code of Civil Procedure). According to Art.

141 of the Code of Civil Procedure, it will be considered on the same day, after which you will receive a writ of execution, with which you will go to the bailiffs. Since measures to secure a claim are subject to immediate execution (Art.

142 of the Code of Civil Procedure), the decision to seize the car is issued on the day the writ of execution is received by the FSPP, due to which re-registration of the car will become impossible extremely quickly.

The court made a decision on the division of common property between me and my wife. The motorcycle included in it, which was given to me, was seized by a court. Tell me, when will it be filmed?

If the arrest was imposed as a measure to secure the claim, and it was not lifted simultaneously with the court’s decision on division, then in accordance with paragraph 3 of Art. 144 of the Code of Civil Procedure, the arrest will remain in effect until the court decision is fully executed. Only after execution you will need to file a petition with the court to lift the arrest.

How to seize a car and other property during a divorce

Interim measures are actions aimed at the preliminary seizure of the defendant’s property. Arrest does not mean deprivation of the right of ownership - the owner can safely live in the disputed apartment and drive a car.

Security for a claim can be implemented only after filing a statement of claim. The court may remove the arrest or other security from movable or immovable property at any time during the consideration of the case.

• 1 Interim measures for the division of marital property
• 2 How to seize property during a divorce?
  • 2.1 For an apartment
  • 2.2 Per car
  • 2.3 For household items
• 3 Sample petition to seize a car
• 4 Judicial practice

What is the court guided by when satisfying measures to secure a claim:

1. there is a real threat that the property will be sold. Cases are considered in court for at least several months; at this stage there are no difficulties in implementing the disputed object. Please note that according to current legislation, a spouse, when selling joint property, acts a priori with the consent of his other half. In most cases, when selling a shared apartment, a notary requires the presence of a husband or wife. But this procedure is more of an insurance option;
2. The plaintiff presents convincing arguments that the property will pass into the hands of a third party as a result of fictitious transactions. For example, when transferring an apartment for rent or rent for free for up to 49 years. Formally, the property has been preserved, but the defendant has already encumbered it with the rights of third parties.

• In order to avoid the development of the negative circumstances mentioned above, the judge not only seizes the property, but also in the ruling indicates a ban on leasing, free use or other encumbrances.
• However, when imposing security measures, the law can also be on the side of the defendant.
• For example, the plaintiff misled the court and asked to seize property on an apartment that had nothing to do with him.
• The property was gifted to the spouse prior to the marriage and cannot be included as a joint asset.

The seizure caused property damage to the spouse: denial of the opportunity to exercise her property rights and use her property for its intended purpose. The court that imposed the security will not be held liable.

The plaintiff who misled the court will be required to compensate for all related losses.

It is allowed to carry out interim measures only for real estate that is the subject of a legal dispute. When filing a claim, the plaintiff does not have the right to demand seizure of an apartment that is not included in the division of common family property.

The process of imposing security measures on an apartment is as follows:

1. the plaintiff files a statement of claim for divorce indicating the requirement for the division of jointly acquired property;
2. pays the state fee - in isolated cases, depending on the financial situation of the party, he may be exempt from paying this amount;
3. it is necessary to wait for the court's decision to accept the claim for consideration. It is from this moment that a preliminary arrest of the apartment can be demanded;
4. a motion to take measures can be made orally at the time of the first hearing (the judge is required to ask questions about a possible challenge and the presence of motions).

Basic rules for seizing an apartment:

• you cannot simply say that there is an apartment that should be seized. The property must be individualized - that is, it is advisable to indicate the exact address and, if possible, registration number;
• if an apartment is seized where spouses have common shares, both cannot dispose of the property on an equal basis;
• It is impossible to restrict residence in an apartment if a minor child or other person with limited legal capacity lives there.

A request to impose security measures on an apartment can be resolved within a few days. If the petition is filed during the court hearing, the judge will be required to retire to the deliberation room to make a decision. The defendant has the right to appeal the seizure of the apartment.

We recommend that you always appeal against the imposition of security if the following circumstances exist:

• the apartment (other real estate) was purchased with funds earned before marriage and cannot be included in the common family asset subject to division;
• the apartment was donated by one of the parents. According to family law, property received as a gift is personal and is not considered joint;
• an apartment received by inheritance during marriage also cannot be included in common joint property;
• the plaintiff erroneously indicated the details of the apartment: he made a mistake with the address, area and other distinctive features that would prevent the individualization of this property;
• securing a claim may violate the rights of other owners of the specified real estate (for example, if shares in the apartment belonged not only to spouses, but also to third parties - parents, brothers, sisters, etc.).

If at least one of the above signs occurs, there is a high probability that the court’s ruling may be overturned in the cassation court. The judge can independently revoke his ruling if the defendant proves that the petition is intentionally misleading (falsification of facts, incorrect data, false documents were used when filing the claim, etc.).

Security for the apartment will be held until a court decision is made. Remember another common mistake.

The cadastral authority can remove security only if this is expressly stated:

• in a court decision;
• a separate determination was made.

Without indications of this in the document, even if the court rules against the plaintiff, you may encounter temporary problems.

Be careful at the stage of receiving the decision and writ of execution - there must be an exact indication of the lifting of temporary measures to seize the apartment.

To register your application, please provide the exact registration details of the vehicle: license plate number and who owns it. Unlike real estate, a car cannot have more than one owner.

When considering the petition, the court will definitely pay attention to the year the car was received into ownership (data from the technical passport). Does the date of acquisition coincide with the date of marriage? In other words, a car cannot be purchased by spouses before the date of marriage.

A vehicle restriction may have the following conditions:

• ban on traveling abroad;
• prohibition on operating a vehicle in the interests of both spouses;
• restrictions on sales, rentals or other transactions for consideration.

The car may be placed under temporary storage in a impound lot. Security functions will rest with the bailiff.

The general rule applies - it is impossible to seize things that are the personal property of each spouse:

• items of clothing: coats, fur coats, raincoats and other outerwear;
• children's toys;
• tableware (except antique);
• items of costume jewelry (except jewelry).

Sample petition to seize a car

1. Name of the court
2. Details of the plaintiff and defendant
3. Application filing date

Based on the filed statement of claim, the plaintiff asked to dissolve the marriage concluded on (specify date).

As part of the division of jointly acquired property, the plaintiff suspects that before the case is considered on the merits, the defendant may abuse his right and dispose of movable or immovable property in his own interests.

The property in question was acquired during the marriage.

To ensure the integrity of the property at the time of the decision, I ask the court to provide a claim, namely to impose a ban on the possibility of alienation or other disposition of the following property (list of jointly acquired property).

Arbitrage practice

When dividing property, courts almost always try to satisfy the plaintiff’s demands. They work on the principle “it is better to be vigilant than to deal with lost property later.”

If there are no significant disagreements between the parties, the authority will consider the division of property several months in advance.

If there are many controversial issues, the hearing, taking into account the appellate and cassation instances, can last several years.

During all this time, interim measures may retain their legal force. Spouses can live in an apartment that is under temporary arrest and use the family car.

An exception is possible - the marriage can be separately dissolved in the registry office, and the division of property - in court. This condition will not work if there are common minor children.

Topic: How to seize a car during a divorce

In accordance with Article 35 of the Constitution of the Russian Federation, the alienation of owned property is possible only by a court decision. The basis for starting the procedure is the issued decision on the opening of enforcement proceedings and the writ of execution - a writ of execution, a resolution of the Federal Tax Service, a court order.

The plaintiff spouse files a petition, on the basis of which the court issues a writ of execution, which is sent to the bailiffs for immediate execution.

The bailiffs, in turn, determine the location of the property, draw up an inventory report and issue a decree on seizure.

According to Russian law, jointly acquired property is that property that was acquired during marriage with common money.

How is a car divided during a divorce?

Division of property Division of property is one of the most problems that arise during divorce. Problems of division of property can be avoided if a prenuptial agreement is concluded in a timely manner.

Then, in the event of a divorce, the division of property will be made on the basis of a voluntary agreement, the terms of which are specified in the marriage agreement (contract).
The defendant is not allowed to carry out a number of procedures during the period of restrictions.

As a rule, these are any manipulations that are aimed at alienating a thing (purchase and sale, donation, etc.) or its damage or destruction (disassembly, dismantling).

At the request of the persons participating in the case, the judge or court may take measures to secure the claim.

Securing a claim is allowed in any situation in the case if failure to take measures to secure the claim may complicate or make it impossible to enforce the court decision.

How to divide - statement of claim

To consider the case in court, the plaintiff must petition the court to collect the debt from the debtor by forcibly confiscating his property. The application for confiscation of the defendant's vehicle is subject to consideration on the day the application is submitted.

It is not always possible for spouses to behave decently towards each other when a marriage is dissolved.

Often there are attempts to prevent the inclusion of any property in the divisible property, its sale or donation under a fictitious agreement.

The law provides for the possibility of seizing property during a divorce, which will reduce the risk of adverse consequences from the actions of an unscrupulous spouse.

To avoid such a development of events and preserve joint property, thereby ensuring compliance with the court decision on its division, the interested spouse should file a petition for the application of measures to secure the claim.

Security for a claim can be implemented only after filing a statement of claim. The court may remove the arrest or other security from movable or immovable property at any time during the consideration of the case.

Sometimes, in the process of dividing marital property, it becomes necessary to apply special measures to protect property rights. For example, by seizing property.

In order to avoid the development of the negative circumstances mentioned above, the judge not only seizes the property, but also in the ruling indicates a ban on leasing, free use or other encumbrances.

Article 140 of the Civil Procedure Code of the Russian Federation establishes a list of interim measures. When dividing jointly acquired property, the following measures are applied.

What to do if the car is on credit?

After considering the case, the judge makes a decision on the forced collection of the debtor’s property or on the refusal to satisfy the petition with a mandatory statement of reasons.
And at the same time, it does not matter at all which of them is the actual owner and provided funds for the acquisition of property. Spouses can use such property by mutual agreement.

How to seize a car during a divorce A car is a fairly common item of property that is subject to division during a divorce.

How to seize property during a divorce

Claim for division of property. including a car, you should submit:

• to the magistrate's court if the amount of the claim is less than 50 thousand rubles;
• to the district court if the value of the claim is more than the specified amount.

Seizing the property of a defaulter is an effective way to collect debt under claims. Most often, the debtor's car is the seized object.

Confiscation of property is carried out exclusively by bailiffs; the process is regulated by Article No. 80 of the Federal Law “On Enforcement Proceedings”.

A prerequisite for the seizure of a vehicle by bailiffs is the proportionality of the amount of debt and the value of the car.

Kirill The traffic police refused to initiate a case for individuals, knowing the culprit of the accident, what to do? Answer: If you have evidence that a certain person is to blame for the accident, then you must provide it to the traffic police and the insurance company in order to receive compensation.

Seizure of property is a measure that is used to prevent deception or abuse by one of the spouses when dividing common property (for example, when trying to hide or destroy, donate or sell property, forge or create fictitious documents). This measure implies a complete ban on the disposal, and in some cases even on the possession and use of disputed real estate, transport, and things.

Is it possible for one of the spouses to keep the car?

When filing a claim of a property nature in court, many people have a question about whether the defendant (debtor) will sell his property while the claim is being considered in court.

For example, the plaintiff misled the court and asked to seize property on an apartment that had nothing to do with him.
To prove his rights, the owner must have a certificate of inheritance, deed of gift, etc.

Can emergency medical care be denied to a citizen without a compulsory medical insurance policy? How is property divided during inheritance according to law?

Valuation of a vehicle during division of property through the court

This rule applies to any property, including a car . However, a vehicle cannot be considered common property in the following cases:

• It was purchased with funds that belonged to one of the spouses before marriage.
• The car was purchased before the wedding.
• The car was received by gift or as an inheritance.

Unfortunately, in our country, concluding prenuptial agreements is still rare, and disputes regarding the division of property (real estate and income) between former spouses, on the contrary, are found everywhere. According to the civil and family legislation of the Russian Federation (Art.

It is imposed on property registered in the name of the respondent spouse. This can be either movable (car, furniture, etc.) or immovable property (apartment, plot of land, etc.).

This encumbrance also applies to funds, cash or bank deposits.

I have a question for lawyers: Can the bank account of one of the spouses be seized during a divorce? My husband has a large sum in his account, can I legally count on it if he has not paid alimony for a year?

Is a car a joint property?

According to the provisions of family law (Article 38 of the RF IC), if a husband and wife cannot reach a compromise regarding the division of common property, the court will resolve the dispute.

But in the process of preparing, filing and considering a claim, unscrupulous spouses often commit illegal actions with real estate, cars, money, jewelry and even household items - they hide, give, sell.

This becomes an obstacle to the implementation of the court decision.

Article 139 of the Civil Procedure Code of the Russian Federation establishes that the court has the right to apply interim measures. This is possible when there is a possibility that without their adoption, the decision in the case will subsequently not be executed or this will present significant difficulties.

The seizure caused property damage to the spouse: denial of the opportunity to exercise her property rights and use her property for its intended purpose. The court that imposed the security will not be held liable.

If the decision is positive, the claim is transferred to the bailiff for execution within three days. A copy of the writ of execution is immediately sent to the plaintiff, as well as to the bodies responsible for accounting and registration of citizens' property - the Rosreestr administration, the State Traffic Safety Inspectorate.

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