Can and how property be divided without divorce while married

Usually in divorce, ex-wives share them.Is it possible to divide property without breaking up a marriage?How to divide property by law in 2023?

We will answer those questions further.

Legislative framework

Article 34 of the Family Code of the Russian Federation defines the joint property acquired by the spouses during marriage.

Joint property acquired during marriage may be deemed to be:

Any spouse ' s income, including benefits and pensions;
Real estate;
Any securities;
movable property (technics, furniture, motor vehicles);
Bank deposits;
expensive things.

It is not important, however, for whose name and spouse the purchase was purchased.

Article 38 of the Russian Federation states that all items and real property belonging to the above categories can be separated both in marriage and after its dissolution.

Reasons for the separation of assets

The reasons for the division of property of married spouses may be many, the main ones being:

Protection of the interests of both spouses in the future;
Distribution of maintenance responsibilities;
One spouse has debts (with the other spouse able to retain part of the property if the property is seized).

In addition, the division of marital property is a standard procedure if one of the spouses intends to give his or her property share to someone, most often children or grandchildren.

There are more common reasons: for example, in this way one of the spouses wishes to suspend the extra waste of the second half.

There are situations where the spouses have long since lived together, want to share property, but the marriage is not to be dissolved, or another situation: one of the spouses is no longer alive.

When is it possible to divide property without divorce?

It is possible to divide in marriage:

With the consent of both spouses;
If one of the spouses disagrees;
At the request of the husband or wife;
At the creditor ' s request;
At the request of the heir after the death of one of the spouses.

By mutual consent

The division of property by mutual consent of the spouses is simple:

The spouses draw up a written agreement which lists the property transferred to each of them.
The agreement is certified by the notary (not necessarily).

When the agreement specifies real estate (a flat, a house, a gift, a garage, a plot), it must be registered in Rosreister.

If the spouses cannot reach an agreement on who or what is being dismissed, one of them may file a complaint with the judicial authorities.

The other half may file a counter-claim and propose a division, in which case the division of the property of the spouses is decided by a court.

If the creditor requires a section

The creditor is entitled to claim the division of property if:

One of the spouses owes alimony to the children of the previous marriage;
One of the spouses caused damage to the person and property of the other;
One of the spouses took over the loan from a third party.

The creditor must prove to the court that the amount of the debt is so large that it cannot be repaid differently.

The purpose of the action is to recover property acquired during marriage and to pay off the existing debt.

Distribution of property after separation from the life of one of the spouses

A spouse who has survived his or her second half or the heirs of the deceased may apply to the court for the inclusion of a separate half of the estate in the inheritance for the purpose of dividing it between all the heirs.

Nuances and rules of the section

The division of property without divorce is most often made equally between the spouses, and if one of them fails to bring income to the family for a valid reason, he or she has the same property rights as the other half.

Only objects purchased during marriage, such as:

Money in the form of any income (wage, pension, benefits, business income, etc.);
movable and immovable property (car, machinery, furniture);
Assets in the form of shares and securities;
Jewelry;
Deposit deposits.

It doesn't matter who and how much money he earns, who buys and uses it, and both spouses have equal rights to things and things acquired during marriage.

An exception may be the reckless waste of family savings by one of the spouses, in which case parts of the property are distributed by the court.

The spouses cannot be separated:

Items purchased prior to marriage;
Items purchased during the marriage but for personal funds belonging to one of the spouses prior to his or her conclusion;
Gifted items;
Acquired property;
Personal items (clothes, special tools);
Bank deposits in the form of money for minor children;
The right to the product of mental labour.

Personal property can be considered joint if its value has been increased through the joint efforts of the spouses.

The property acquired by the spouses after the division will again be considered jointly acquired (the spouses own them in equal shares).

Means of sharing property without divorce

The division of property in marriage can be done in several ways.

Marriage contract

By means of a marriage contract, it is possible to determine all the rights of married couples to their joint property, for example:

To determine the share for each of the spouses;
To establish a measure of their participation in family expenses;
To determine the proportion of each person who divorces;
To determine which part of the property will be used by the husband and wife;
Identify other provisions that do not conflict with the law and do not infringe the rights of the second half.

Marriage contract may be made before marriage or at any time during marriageThe document shall be written and notarized.

The existence of a marriage contract facilitates divorce through a court, as it precludes the need for a division of property procedure; all nuances of division are specified in advance in the paragraphs of the marriage contract.

Agreement between spouses

The agreement must describe all the property to be divided and must state its value at the time of the division.

In addition, the shares of spouses should be specified in the document.

An agreement may be drawn up for all or a separate part of the property. Several agreements may be drawn up for each property unit separately.

For example, real estate is one, bank deposits is the other, vehicles is the third, securities is the fourth, etc.

The text of the agreement shall necessarily state:

Passport data (FIO, address);
The form of the relationship (in marriage);
The subject matter of the treaty;
Identification of property;
List of items, items, values to be divided;
Date of agreement and address;
The signatures of the parties.

Additional conditions are imposed in the case of the division of mortgages.

An agreement will be declared null and void if:

There is no registration with the DFS;
Children ' s interests have been violated;
The property submitted shall not be divided by law;
The situation of one of the spouses has deteriorated;
One of the spouses is declared incompetent;
A legal agreement has not been properly drafted.

Division of joint property in court

If there is no agreement on the division of common property between the spouses, the court will file an application for division of property without divorce.

Attention! If the value of the fissile property does not exceed 100,000 rubles (which means that the share of one spouse and the value of the claim is 50,000 p.), the claim shall be submitted to the justice of the peace, if the sum is greater, to the district court.

The procedure for filing a claim is as follows:

The name of the court to which the application is made.
Personal data of spouses (FIO, address of residence, contact telephones).
Information on marriage (place, date) with a copy of the marriage certificate attached.
Information on minors born in marriage with their birth certificates.
List of assets to be separated.
Ownership of fissile property.
Information about who was acquired, who was using and who claimed to be using it.
Estimated value of common property of spouses.
The share of each of them.
Date of filing of the claim.
The plaintiff's signature.

In addition to the claim, it is necessary to provide:

Evidence of the acquisition of the property (goods cheques, contracts with a specified value of the resources spent);
Documents of ownership (contract of sale);
The spouses ' passports;
Family composition certificate;
It's a receipt to pay for the government service.

The judicial procedure for the division of property is carried out solely on the basis of the above-mentioned documents and the judge will then determine the shares of each spouse with a mandatory list of specific objects and items.

In determining the shares, the court shall take into account:

The interests of minor children;
The state of health of the spouses.

If the husband and wife have lived separately for some time and the judge finds this fact, the items and things acquired during that time shall be recognized as personal property.

If one of the spouses receives a higher share in value, the other is awarded monetary compensation.
The defendant has the right to accept or challenge the claim by filing a counter-claim.
Thus, it is possible to share property acquired jointly in marriage but without divorce.
This procedure is different from divorce by the fact that, according to statistics, more than 90% of couples resolve disputes through pre-written written agreements.

Sharing of property without divorce (marrying)

Often citizens wonder, "Can you divide property without divorce?" The reasons for this may be many – in order to protect future interests, to share maintenance responsibilities, and so on.

There may also be a need for a division if the creditor makes a claim (for example, one of the spouses has a debt of alimony, the husband or wife has caused damage to other persons ' property, which is also to be compensated for).

Is it possible to divide property in marriage?

In order to answer this question, it is necessary to refer to the family law, as it regulates this moment; for example, under article 38 of the Russian Federation, spouses have the right to divide property pertaining to the joint estate at any time, whether in marriage or after its termination.

There are several ways in which citizens can share property in a family relationship — these will be discussed below.

Judicial distribution of property

A claim for division of property can be prepared on its own (e.g. by using a sample on the agency ' s website) or by contacting specialists in the field.

The claim will have to be filed:

Name of judicial authority to which the application is made.
Information on the applicant (F.I.O., address of residence, telephone contact number).
Data on the citizen who will be the defendant in this process (F.I.O., home address, telephone contact number).
Title of the document.
Data on property acquired by the spouses during the marriage (with detailed description and value).
Information on marriage (with the details of the document confirming this fact - evidence).
Request for separation of property.
List of attached documentation.
Date of filing and signature.

As a rule, copies of documents such as:

Identification of the applicant (civil passport).
Confirming that a marriage has been concluded between the parties.
Evidence of the existence and value of the property.

In addition, it will be necessary to attach the original receipt confirming the payment of the State duty, which can be specified directly by the judicial authority; the amount of the public service can be calculated on its own, using the calculator on the court ' s website.

A ready-made claim can be filed in a number of ways, either in person or through a representative with a power of attorney certified at a notary office, or by sending a letter (ordered with a notice and an inventory of the investment).

Once a statement of claim has been filed, the judge will examine the documents and then decide whether to take proceedings or reject them for any objective reason.

If accepted, the party would be called to the trial (by a message, a message, a telegram or a text message) where the judge would decide on the division.

After the deadline for appeal, the decision would enter into force and a division could be made.

If the spouses have a need for divorce, they can implement it separately from the division through the civil registry (in the absence of joint minor children and mutual consent) or through a judicial body.

Disbursement of property by agreement

The division of property may also be effected without resorting to a judicial authority, for which the parties (spouses) need to prepare an agreement - it can be processed by themselves or with the assistance of lawyers/lawyers.

In preparing the agreement on its own, it will be necessary to include the following information:

Title of the document (the "Employment Agreement").
Data on parties - spouses (F.I.O., addresses of places of residence, passport details).
Information on the formation of the union and evidence of the existence of citizens in official relations.
A list of shared property to be divided. It is essential to describe in detail the property in order to be able to identify it – for example, if it is a real property object, the dwelling must be located, the size of the space, the floor, if the vehicle is a year of production, the colour, the stamp, the registration number.
The order of division (which of the spouses should receive the property).
Confirmation of the fact that the property is not the subject of a dispute, is not under arrest or handed over to third parties.
Date of entry into force of the agreement.
Number of copies.

At the end of the document, each spouse will have to sign.

It is important to bear in mind that an agreement on the division of property must necessarily be certified in a notary office – otherwise, the instrument will not have legal force.

The parties will need to prepare before going to a notary officesupplementary documentation- It's usually:

Original identification documents.
Original documents for the property subject to the agreement.

It is also important to bear in mind that a notary's assurance of the document is a fee - paid service, and the value will have to be paid directly at the office.

Distribution of property by marriage contract

Another way to make the division of property possible is to arrange a marriage contract. A marriage contract can be prepared and signed by a couple at any time before the union is formed or during a family relationship before they are dissolved through the civil registry or court.

The marriage contract, as well as the agreement, can be prepared by the spouses themselves or by using the services of specialists in the field (lawyers/lawyers).The following information will need to be added to the marriage contract:

Place and date of discharge.
Information about the spouses is F.I.O.
Rights and obligations of the parties.
List of assets, terms and conditions of separation.
Different terms.
Signature of the parties.

In drafting a marriage contract, it is important to take into account the following points:

The provisions of the instrument should not conflict with the law in force.
The instrument should not regulate the obligations as well as the rights of non-material parties.
An instrument may not violate the rights of third parties.
The contract shall not affect property that is not owned by the parties (spouses).
A treaty may regulate the rights and obligations of citizens with respect to both existing property and that which is only intended to be acquired.

As with the agreement, the marriage contract must necessarily be certified by a notary (if not, it will be null and void).

It should also be noted that if the parties were unable to prepare the document on their own for one reason or another, they could avail themselves of the services of notaries.

It is important to bear in mind, however, that the preparation of a treaty, as well as its assurance, is a fee-paying service.

Sharing of property without divorce

Distribution of property without divorce between spouses. Average rating 5 from 3 users

The division of property between spouses is governed by a number of codes and federal laws.

This is primarily the Family Code, which establishes the principle of equality of shares in joint property, in addition to which the Criminal Code of the Russian Federation and the Criminal Code of the Russian Federation apply when it comes to judicial proceedings in order to resolve the matter.

Property divided in marriage, rather than in divorce, is also in line with the legal norms presented, and we will look into the question of the division of property between active spouses in more detail.

Can you share property while you're married?

There is a perception that the husband and wife share the property only during the dissolution of the marriage or after the divorce, but in some cases there is a need to share the property during the family ' s existence, for the following reasons:

One of the spouses had a debt of credit that could not be extended to the marriage partner. Creditors for seizure and subsequent sale required a share of the debtor ' s property.
One party decided to make a deal with its part of the property (sell, gift, mortgage, etc.).
The spouses want to get rid of the difficult separation procedure in advance in the event of a possible divorce and/or to be safe.

The Family Code of the Russian Federation stipulates that it is permissible to divide property between partners (arts. 38, 40):

Before the wedding;
During marriage;
During the period of divorce;
After the dissolution of the marriage.

If there is a common agreement between the spouses on property rights, they may decide on the matter without a court of law.

In the case of the division of property between spouses in 2023, it is understood that there is joint property, i.e. that which was acquired during the marriage with funds from the common family budget.

In this case, the property will be divided equally between the spouses, and the departure from this principle is permitted only in exceptional cases.

For example, in the case of minor children, where most of the real estate is allowed to be given to the spouse with whom the children remain in residence after divorce.

The following types of property are not to be divided:

Facilities acquired by one of the spouses prior to the marriage;
Property inherited by the husband or wife;
The objects presented to one of the spouses as a gift;
Personal items purchased for minor children;
The personal effects of the spouses, other than precious metals and stones and furry products;
Cash payments received for the purpose of expenditure (this includes maternal capital);
Income earned by one of the spouses on the basis of personal intellectual activity (e.g. fee for invention).

All other property may be divided into:

Real estate, machinery, movable property, furniture, etc. acquired during marriage;
All monetary income (wage, pensions, benefits, etc.) and securities;
Business shares;
Existing loans and loans owed to the family.

In some cases, property belonging to each of the spouses may be divided; this is possible if, during the period of marriage to such property, substantial improvements have been made from the family budget or from the personal savings of the spouse to whom the property does not belong.

A typical example is that the husband inherited the apartment from his grandmother before the wedding, and the spouses lived together for several years, and during this period they repaired the apartment at an amount equal to the original cost of the apartment; in this case, the court will recognize the property jointly acquired and share it in a certain proportion.

Distribution of property through court

Unfortunately, as practice has shown, it is rare for anyone to resolve the issue of the division of marital property in 2023 by peaceful means; the majority apply to the courts for a resolution of the dispute; either spouse has the right to file a complaint.

If it is fair to divide property without divorce, the application shall indicate the approximate value of the property to be divided; if it turns out to be less than 50,000 roubles, the plaintiff shall have recourse to the justice of the peace; if more is required, the municipal or district court shall have recourse to the ordinary court.

The court which is located in the defendant ' s place of residence shall be selected. If it is not possible to do so for objective reasons (e.g. the defendant is abroad), the action shall be brought before the court at the location of the main divided property (most often the apartments).

A claim may be filed in two ways:

To register with the court's office on a personal visit.
Send a registered letter of notification by mail.

In addition to the plaintiff himself, a legal representative with a notary power of attorney is entitled to make the application.

The procedure for the division of property between spouses in 2023 usually takes between two and six months.

Model application for division of property without divorce

If it is not possible to do so, please refer to article 131 of the Code of Criminal Procedure of the Russian Federation, which sets out the rules for the preparation of a document. Every claim must include the following information:

The name of the vessel to which the application is made and the address thereof;
Basic information on the parties involved (the complainant ' s and defendant ' s FIO, their place of residence and passport data);
The main nature of the claimant ' s claims, i.e., that he sees a violation of his property rights or the possibility that they may be violated in the future;
Proposal to resolve the situation;
References to existing legislation that confirms the plaintiff ' s right;
A preliminary calculation of the amount of property claims filed: the implementation of this paragraph should not be ignored, since without it the claim will simply not be considered;
The date of the document and the claimant ' s signature with the decryption (if the person in charge makes the claim, his signature is also required).

Following the filing of a claim within five days, the judge is required to rule on the case as follows:

Accept the action;
Refusal to hear the case;
This option is generally used if the application itself needs to be amended or supplemented.

Necessary documents for filing a claim

The preparation of a statement of claim is only half of the case, and it must be accompanied by a package of documents, without which the claim will not even be admissible.

Copies of the general civil passports of all parties involved in the process;
Copies of birth certificates if the interests of minor children are involved in the case;
Marriage certificate (copy);
A certificate on the composition of the family;
Property title documents, which are to be divided;
Bank statements on the status of the facial account;
An act of independent evaluation of the property (if necessary, determination of the present value of the divided facility);
A certificate from the BTI in the case of the division of real estate;
It's a receipt from the government.

Article 333.19 of the Constitution of the Russian Federation, which is directly dependent on the amount of claims, requires that the Ministry of the Interior be calculated on its own, with a minimum of 400 rubles and a maximum of 60,000 rubles.

Agreement on the division of property between spouses

For the division of joint property, spouses may exercise their right to enter into a settlement agreement, provided that they have a common opinion on the right to own the marriage; the dissolution of the marriage is not a prerequisite for the preparation of a document; it may also be made during the period of the family ' s existence.

It is lawful to separate property rights from those of spouses acquired during marriage, and if one of them wishes to change his or her personal property to his or her partner, he or she will have to draw up a gift contract; and if he or she wishes to change his or her personal property to his or her partner, he or she will not have a share in the property belonging to the minor children of the couple.

Agreement between the spouses on the division of property without divorce.

The document should contain as much information as possible on the object to be covered by the section. If the equipment is involved, it will be the mark, model, name, colour, number and series of issues, etc.

The paragraphs of the agreement should not conflict with the legislation of the Russian Federation, which means that, if the law determines the division of property in specific shares, the agreement between the spouses cannot establish otherwise; for example, if, according to FL No. 117 "On Military Mortgage", the entire debt for the apartment has been paid by the State, it may be owned only by the person who entered into the contract to obtain it.

A world agreement on the division of common property is necessarily certified by a notary; if the procedure is not followed, such a document will have no legal effect.

Once it has been signed, it is necessary to contact the registration authorities in order to modify the owner ' s information if the document has established it.

A settlement arrangement is the most convenient and cost-effective way to share marital property.

If there is a marriage contract

The existence of a marriage contract does not make it necessary for the spouses to have recourse to a judicial authority for the division of marital property in 2023.

This document, unlike the settlement agreement, makes it possible to change the size and form of ownership of the personal property of the other spouse.

If the apartment is purchased before the wedding and the husband wants his wife to have a share in it, this point can be defined in the contract.

It allows for the identification of owners for things that the spouses have not yet acquired but are only planning, which can only be declared null and void in two cases:

It conflicts with the legislation of the Russian Federation.
Its terms place one of the parties in a known disadvantageous position of ownership.

Like the agreement, the marriage contract is subject to mandatory notarization, otherwise it will have no legal effect.

Can you share an apartment without a divorce?

The division of the joint property of the spouses is possible both during the period of the marriage and after the dissolution of the marriage; this applies also to real estate; the spouses may determine the shares in the apartment in the settlement agreement or in court proceedings.

If housing is jointly acquired property, it will be subject to the principle of equal share.

In some cases, an apartment which is owned by only one of the spouses may be divided, provided that it has been improved by investing in the general family budget.

The resolution of the issue will require an independent assessment by the evaluator, who will determine the market value of the housing in the region at the time of the division and then equalize it to the original price that was available at the time of the acquisition of the dwelling.

If the cost difference proves to be significant, the second spouse will either have a share in the apartment or the owner will be obliged to pay him half of a certain price difference as compensation.

The division of property within the marriage is possible; in order to achieve it, the spouses may enter into an agreement or seek the assistance of a court of law.

Sharing of property in marriage without divorce: Models of action, marriage agreement

Citizens who enter into a formal relationship between a man and a woman sometimes do not think about how their lives will turn out. Of course, it is rare for anyone who plans to divorce and share their property, but this may happen. To protect their own interests, you can prepare for the division of marital property while still in a relationship or before the marriage is registered.

Free legal advice on the portal is also available to all visitors.

In order to take advantage of this, fill in the application or contact the on-call lawyer via online chat.

Legality of division of property in marriage

The UK of the Russian Federation in article 38 provides information on how the division of property should take place during marriage and at the time of dissolution; the rights of spouses to share property are detailed in articles No. 7.8.9 of the same Code; naturally, the list is given first of all of what the couple can divide, namely all the property that has been acquired with the funds of the family budget.

Experts recommend that before starting a relationship, or already married, the property to which it belongs should be determined in writing so that emotional stress can be further reduced during the break-up.

Joint property is common and both parties are entitled to it.

And even if the wife did not work for some reason, but did raise children and domestic chores, she has the same rights to real estate and other property as her husband.

If, for example, a husband makes bets or abuses alcohol-containing drinks, his right to own and dispose of property is called into question.

How to Separatize Property?

The division of property between spouses in legal relationships is the same as during divorce proceedings, i.e. 50/50, as mentioned above, even if one of the four spouses has not been employed and has valid reasons for doing so, he has the same rights.

If something was purchased by the husband and wife after they had divided the property but remained a couple, it would also be classified as common, i.e. the husband and wife own them equally.

If the financial question does not exceed the 10,000 rubles limit, the agreement may be concluded orally. If you are attracted to this threshold, you should file a claim or apply to a notary company for an agreement. Read further.

Separate and indivisible

In family law, black and white, it is written that the property issue of distribution refers only to the property that has been acquired for family finance, and then consider what is common and personal.

General is

The procedure for the division of marital property relates only to property acquired at the time of marriage, namely:

Finances that have been earned by both parties, including wages, business income, non-earmarked payments, benefits, etc.
Property is both movable and immovable.
Assets in bank accounts, deposits, etc.

In the event of the accumulation of family goods, both spouses may dispose of and use them at their discretion, but with the consent of the other half.

Personal is

Often in judicial practice, lawyers are consulted on the question of how to protect property in divorce if it is in personal use.

Note that a separate object of property is what was purchased before or after entering into the union, but with funds received before the marriage, including in special circumstances.

However, all fears are in vain because the law protects personal property.

Thus, the division of property without divorce does not imply the distribution of the following:

Property held by the parties prior to registration of the relationship.
Purchased during a marriage, but for their own finances, which were obtained prior to obtaining a marriage certificate, cannot be divided upon divorce.
Gifts, inheritance, personal effects.

The principle of the distribution of marital property in marriage is similar to the divorce procedure.

By the way, it's worth noting that if you sue for a division of property, there's a possibility of some personal property being recognized as a joint property, but it's not just a wish.

It is important to comply with one basic rule: personal may be considered common when one of the parties has made a valuable contribution to the increase in the value of the property, which could be both financial assistance and work and time.

The court needs to provide evidence in this regard.

Methods of division of property without dissolution of marriage

Property acquired during marriage, according to article 38 of the SC of the Russian Federation, shall be shared in the following ways:

An agreement between the parties is to be entered into, but only up to Rs. 10,000 is permitted, and if the division is more expensive, then the consent of the husband and wife must be documented, and it is necessary to take into account the rules of usage, ownership, and who and who can handle it; it is important to take into account the nuance of the agreement of the spouses without divorce and after divorce; and the documentation may be in the form of a marriage contract or a settlement agreement for the division of property.
A divided object through a statement of claim may also be an option where no peaceful solution can be reached, and the separation of property may occur in separate proceedings from divorce.

Division of property before divorce by consent

This type of document provides for any agreement between the parties to the marriage relating to joint property and should contain the following information:

The name of the property;
Detailed description;
Price;
The share for each spouse;
It's a shared order.

Exceptional situations are not arrangements that in one way or another violate the legal interests of the parties to the agreement.

The agreement may affect both marital property purchased (in general) and specific real property, land plots, motor vehicles, welfare equipment, etc. It is also permissible to conclude several types of agreements, but they must be in writing and signed with a notary.

Marital contract

The marriage contract is usually signed by the couple before entering into the union, but it can also be done when married.

The division is made not only by the property held by the couple at the date of signature of the contract, but also by the future property.
The documentation contains the conditions for the entry into force of the law, as well as the operation and termination of the contract.
It is mandatory to write with the use of official terminology and to be certified by a notary.

The relevance of the contract is due to the time when the family union exists and terminates after the decision to terminate it has been made, since it is after a court decision or the receipt of a divorce certificate.

Distribution of property through court

Where there is no mutual agreement and there is no possibility of a peaceful settlement of the issues, a claim must be brought before the judiciary.

The following particulars must be included in the action:

The name of the judicial authority;
Information on the plaintiff and the defendant, including where they live;
Information on children;
Inventory of assets to be separated;
The right to property;
Who initiates the procedure;
Share of the investment in the property;
Who is more in need of the use of an object of the division;
Property claims;
The value of the equipment described;
Share of each participant;
When a declaration has been drawn up;
Signed by the party of the plaintiff.

In addition to the application itself, a documentary basis must be attached to confirm the purchase of the property and the documentation must contain:

Date of purchase;
Location;
Price;
I don't know who's registered.

Additional documents will also be required:

Passport data (copy);
The certificate of the conclusion of the relationship and the birth of the child;
The number of family members;
The documents indicating the ownership of the property.

But before filing a lawsuit, you have to go to the court's office, take props and pay a government fee, otherwise the application will not be admissible.

The defendant ' s party has the right to disagree with the claims, make a counter-claim, request etc. It is worth noting that the judge considers only information from the application, he also studies the family relationship, the financial condition, the level of investment of each party who has improved the property, raised the child, etc.

Sharing of property without divorce (without dissolution of marriage, in marriage) 2023 — Is it possible for the couple to be married, whether it is possible to share the property

Shared property is the property and property that was acquired during marriage, and no matter which spouse owns it.

Property is divided in equal parts; there are exceptions to their rules; the division of property between spouses without divorce is not uncommon; however, the procedure is not easier than after divorce.

Causes

The reasons for the division of property of married spouses may be several:

Protection of the interests of the spouses in the future;
Distribution of maintenance obligations;
One spouse has debts (the second may retain some of the property upon seizure of the property).

The timely distribution of property may prevent future problems with the separation of property.

What does the law say?

Article 34 of the Family Code states that all property acquired during marriage is jointly acquired.

Article 38 of the SCK states that objects and real property belonging to this category may be separated in marriage and upon its dissolution; there are a number of exceptions to the rule.

Prior to the procedure, it is desirable to consult a specialist (the experienced lawyer) and collect the necessary documentation.

Sharing of property without divorce

A married couple can share property in marriage, many of them in the country, which leads to a chain of questions, many wonder whether it is possible to share property without divorce and what is a shared asset.

What kind of property can/can't be divided, what bases and knowledge are required to do so. To answer questions, it is necessary to examine relevant information on the subject.

Jointly acquired

The joint property is that which was acquired during the marriage:

Any income of the spouses;
Real estate;
movable property;
papers, shares;
Luxury things.

There are exceptions to the rule, the fate of every thing bought in marriage is decided by the court.

Can I serve it?

If the agreement on the division of property is not reached, the claim is filed with the court, and the type of court depends on the value of the property.

It is necessary to apply to the justice of the peace if the value of the shared property does not exceed 100,000 rubles, to the district court if the value of the items exceeds 100,000 rubles.

The following documents should be attached to the application:

Information on property (check, contract);
Marriage certificate;
It's a receipt to pay for the government service.

If necessary, the court may require the addition of a documentation package.

What can and can't be divided?

When the property is divided, it happens that the parties do not know what is/is not to be divided.

Now the most common division is:

A flat or a house.If the dwelling is bought together, it's easier to separate it. There are a number of exceptions.
Cars.If there is one car for the whole family, the spouses can determine for themselves who will remain on the division; usually, the second spouse simply buys another car; if only one spouse has a driving licence, there is usually no dispute.
Country sites.Unformed land may also be divided, which requires an assessment of the amount of land at market value; by preparing all the necessary documents, the members of the separated couple may divide the land and the house into shares.
Business.It is not uncommon to separate a business belonging to a family or one spouse; it is a very complex process; it involves everything that produces a stable income; without the consent of one party to hand over the business to the other, the court will not reach a favourable decision.

But there are things that are legally impossible to separate before marriage, every man lives and spends his life on his own.

The court is not entitled to consider the division of property acquired prior to marriage.

Ways

The division of joint property without dissolution of marriage may occur in several ways:

Marriage contract (notary ' s certified document);
Judicial proceedings;
The peace agreement between the parties.

The procedure for the division of property has a number of nuances, and it is worth everything, and after the division of property and real estate, the spouses reinvest in the common family fund, which will also be considered jointly acquired property.

The shares may be different when divided, depending on the circumstances.

Marriage contract

A marriage contract is a simple means of sharing property without divorce; a document is considered official; it is certified by a notary; a contract may be entered into before and throughout the marriage.

The document describes the rights of each spouse to own property.

The document shall state:

Percentage;
Participation in costs;
Distribution of property in the event of divorce;
Distribution of the type of property that will be divided into other provisions (without violation of the law or infringement of human rights).

The benefits of a marriage contract are as follows:

Official wording;
certified by a legal person (notary);
The separation of real property;
a specified family fund.

The existence of a marriage contract greatly simplifys the section.

Agreement

Another important document in the division of property may be an agreement between the spouses.

The agreement is aimed at the division of specific property, such as apartments; the rest is not taken into account.

The benefits of the agreement are:

You don't have to tell a notary;
The agreement may be written after the divorce;
Written and arbitrary form;
Preparation of several agreements for one facility.

The property-sharing agreement in 2023 should specify:

Personal data on the passport (FIO, residence);
The form of the relationship (marrying, divorced);
Subject matter of the contract, definition of property;
Things (values) that take possession of spouses;
Date of agreement and address;
The signatures of the parties.

Additional conditions should be provided for the division of mortgages (division or conversion).

The agreement will be null and void if:

The lack of registration with the FDS;
Written property shall not be legally divided;
The deterioration of the situation of one of the parties;
Abuse of children ' s interests;
The incapacity or limited capacity of one of the spouses;
Miswriting the agreement on the legal side.

In order to minimize the possibility of invalidating an agreement, it is recommended that careful consideration be given to its drafting.

Through the court

The court proceedings are based on the documents presented and the suit filed.

Without having children or other important circumstances, the court shall divide the property of the spouses in half; if one party receives a share exceeding the value of the second party, the court shall award compensation to the second party.

If the spouses have been living apart for some time and have purchased things during this period, they will be considered personal and may not be divided.

The court ' s decision will not be based solely on the testimony and documentation of the parties; the public authority will have to assess the family welfare, the presence of minor children, the parties ' contribution to the family, the purchase and investment of each party.

A third party, a credit organization, is present at the trial to separate the property taken on credit.

The division of property without divorce has a number of difficulties, as in divorce, all factors must be taken into account.

It would be easier for spouses to obtain a valid and timely marriage contract or agreement so that there would be no long disputes in court.

It would be desirable to contact an experienced lawyer who would help resolve issues and enable spouses to obtain the necessary and favourable conditions.