Division of jointly acquired property upon divorce of spouses

During the divorce process, disputes almost always arise about who owns certain property and who has the right to dispose of it.

When dividing the jointly acquired property of spouses, you need to know which property is considered personal and which is joint, and what share each party has the right to claim.

The division of the common property of spouses in 2023 is regulated by the Family, Civil, Civil Procedure Code of the Russian Federation, Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 (dated November 5, 1988). Let's consider the subtleties of the process.

Definition of joint property

Articles 34.38 of the Family Code of the Russian Federation clearly state that property acquired by a married couple during marriage is their joint property (unless a different property regime is established between them, as stated in Article 256 of the Civil Code of the Russian Federation).

Jointly acquired, common property includes:

• income of each party from labor, entrepreneurial, intellectual activity, received pensions, benefits, other monetary payments that do not have a special purpose (material assistance, compensation for damage due to loss of ability to work, and others);
• movable and immovable property acquired with common income, securities, shares, deposits, shares in capital that were contributed to credit organizations, and any other things acquired during marriage.

The right to common property also belongs to the spouse who cared for children or for other valid reasons did not have his own income.

Movable property includes furniture, household appliances, vehicles, and jewelry.

Article 38:

1. The division of common property is carried out during marriage or after its dissolution (as well as in other cases provided for in this article).
2. Property may be divided between spouses by agreement. The document must be notarized.
3. If it is not possible to reach a consensus, the issue is resolved in court.
4. If one of the parties is awarded property by a court whose value exceeds its share, the other party is often awarded compensation.
5. A three-year statute of limitations applies to the claims of the parties to a divorce regarding the division of common property. The period is counted from the moment the plaintiff learns of his violated right.

The value of the property is determined at the prices established at the time of consideration of the case.

The property of each spouse (personal property) includes:

• that which belonged to each spouse before marriage;
• received by one of the spouses during the marriage as a gift, by inheritance, under a gift agreement and other gratuitous transactions;
• personal items (clothing, shoes);
• the right to the result of intellectual activity created by one of the spouses.

The above property is not subject to division.

Example: a wife inherited a car from her parents. Expensive repairs were made using joint income. On this basis, the husband demanded to register a share in this property.

Section of jewelry and valuable items

Jewelry and luxury items acquired during marriage are subject to division as joint property, even if they are the personal property of one of the spouses.

Exception: items received as a gift or inheritance, or acquired before marriage.

But such facts are recognized by the court upon presentation of relevant evidence or testimony of witnesses.

The category includes:

• semi-precious and precious stones, metals, products made from them;
• antiques;
• sculptures, paintings;
• items made of valuable fur;
• unique expensive items that are not necessary to meet immediate needs.

The procedure for dividing property

Property is divided:

• a prenuptial agreement, which contains the terms for the distribution of property in the event of divorce;
• property division agreement;
• in a court.

In the first two cases, the determination of shares is made voluntarily.

Agreement

If agreement has been reached, a settlement agreement can be drawn up on the division of the spouses' jointly acquired property. The conciliation procedure is the fastest and cheapest way to divide rights to property.

The document is often disputed in court, for this reason it is recommended to have the agreement notarized. To determine the market value, you need the help of an appraiser. The corresponding report is attached to the agreement.

An agreement is made not only during a divorce, but also during a marriage . The document is aimed at redistributing rights to common property. If it is concluded during marriage, it establishes the personal rights of one of the spouses to property and the right to dispose of it.

There may be several agreements for different types of existing property. The value of the property must exceed 10 thousand rubles.

It comes into force after signing and does not require certain conditions, which is how it differs from a marriage contract.

Requirements that the agreement must meet:

• it is necessary to indicate the passport details of both parties and other important information (registration of place of residence, TIN);
• it is necessary to record the status of the parties (spouses or former spouses);
• indicate the purpose of the conclusion;
• indicate a detailed list of property with a clear interpretation (an apartment at a certain address (specify address) goes to the spouse, a dacha (specify address) goes to the spouse);
• indicate the manufacturer, brand and other information identifying the movable property;
• debt obligations that each party will incur;
• market value of the property;
• date, place of conclusion of the agreement;
• conditions for unilateral termination of the contract;
• signatures of both parties (placed on each page);
• indicate that the decision is mutual and voluntary.

The agreement is stitched, sealed, and notarized. Further amendments to the document by one of the parties without the consent of the other party will be unlawful.

Trial

If the spouses were unable to conclude a peace agreement, a claim is filed for the division of the spouses' jointly acquired property. Served at the place of registration of the defendant.

If the value of the property is below 50,000 rubles, the case is considered by the magistrate court. If higher, district or city.

The plaintiff can propose his own procedure for dividing the property; the defendant has the right to file a counterclaim with his own demands.

The court takes into account various factors:

• the interest of one of the parties in the property (the car goes to the spouse who has the right to drive it or, for example, who works as a taxi driver);
• who initiated the purchase of the item;
• if the item is indivisible (it cannot be divided without losing its purpose), a share order for its use will be awarded.

A judicial decision largely depends on the inner conviction of the judge who is considering the case.

Unless otherwise provided by law or agreement, when dividing jointly acquired property, the court recognizes their shares as equal (Article 254 of the Civil Code of the Russian Federation, Article 39 of the Family Code of the Russian Federation).

Deviation from equality of shares is permissible if it is necessary to take into account the interests of minor children or one of the spouses (if the other spouse did not receive income, and there is no good reason for this, and also spent jointly acquired property, causing harm to the interests of the entire family).

Conditions under which property is distributed in unequal shares:

• in the interests of minor children;
• in the interests of one of the parties, if during the marriage the other spouse did not receive income without good reason or spent common property to the detriment of the general interests of the family (spent income without the consent of other family members).

How are the common debts of the spouses distributed when dividing common property, assets, and mortgage debts? Equally or according to established shares of the property received.

Options for dividing a mortgaged apartment:

• if the bank agrees to the sale of such an apartment, it is sold, the proceeds cover the debt to the bank, the rest is divided between the spouses by court decision;
• the bank agrees to the division of the apartment, and each party gets a share, and payments are made in accordance with the share;
• The bank does not agree, but the payment of debts is distributed by the court.

Statement of claim

According to the Resolution of the Plenum of the RF Armed Forces on the division of property, the statement of claim must be drawn up in accordance with the requirements of Articles 131,132 of the Civil Code of the Russian Federation. The document contains the following information:

• court name, address;
• Full name, address, contacts of the plaintiff, defendant;
• the cost of the claim at the time of filing the application;
• a detailed list of joint property to be divided;
• proof of the fact of joint acquisition of property that is subject to division;
• the plaintiff’s demands regarding the terms of the transfer of things (which things are transferred to one spouse and which to the other);
• circumstances that contribute to an increase in the plaintiff’s share or a decrease in the defendant’s share;
• attachments, date, signature.

Documents that must be attached to the application:

• a copy of the application for the defendant and other persons involved in the divorce proceedings;
• copies of documents that confirm the right of ownership of common property;
• certificates and other documents that confirm the current market value of the divided property;
• copies of passports;
• a copy of the marriage certificate and its divorce;
• a copy of the birth certificate of common children, if the plaintiff wishes to exclude children's belongings from the division process or increase his share while taking into account the interests of minor children;
• a copy of documents that confirm the validity of the reasons for the plaintiff’s lack of income;
• document confirming payment of state duty;
• other papers necessary for consideration of cases in each specific case.

A counterclaim is filed according to the general rules for filing a claim in court (Article 137 of the Code of Civil Procedure of the Russian Federation).

If a counterclaim is filed after being removed to the deliberation room, or the court refuses to consider it, the defendant has the right to present it as an independent claim.

State duty

The amount of the state duty, which is paid when filing an application, is calculated from the total value of the property.

The calculation procedure is specified in the Tax Code of the Russian Federation, Article 333.19.

State duty	Percentage of the value of the claim	Additional terms
up to 20 thousand rubles	4% of the cost of the claim	not less than 400 rubles
20,001 – 100,000 rubles	800 rubles+3%	interest is charged on the amount that exceeds 20,000 rubles
100 001 – 200 000	3200+2%	interest is charged on the amount that exceeds 100,000
200,001 – 1 million rubles	520+1%	interest is charged on the amount that exceeds 200 thousand
more than 1 million	13 200 + 0,5%	% is charged on an amount that exceeds a million rubles, but not more than 60 thousand.

Let's consider how jointly acquired property is divided during a divorce if there are common children.

Respect for the interests of minor children

1. Article 38 of the Family Code regulates that things that were acquired for the needs of minor children are not divided.
2. They are transferred without compensation to the spouse with whom the children remain.
3. Such items usually include clothing, shoes, school supplies, musical instruments, a children's library and other items.
4. Contributions made by spouses at the expense of common property to common minor children belong to these children and are not divided.

When can you get a divorce without dividing property?

Divorce occurs without division of jointly acquired property if:

• there is nothing to share;
• one party refused to claim joint property;
• the property was divided before the divorce;
• It was decided to divide the property after the divorce process.

An agreement or prenuptial agreement allows you to avoid the division of property during a divorce.

The agreement regulates the division of property acquired before and after the conclusion of the contract.

Seizure of jointly acquired property

If one of the parties has concerns that the other party plans to solely dispose of the property even before its division, a petition can be filed to seize such property (Article 140 of the Code of Civil Procedure of the Russian Federation).

They apply when filing a claim and during divorce proceedings. If the demand is justified and the conditions for the possibility of seizure are met, the request will be granted.

The court will issue a writ of execution to the plaintiff who requested the arrest. The document is sent to the bailiffs for immediate execution.

Upon arrest:

• the rights of owners to dispose, possess and sometimes use such things are limited (less often, items are confiscated and transferred for storage to interested or third parties);
• an act of seizure is drawn up, an inventory of the seized items is drawn up, and their condition at the time of the procedure is recorded;
• It is prohibited to make any transactions with seized items in order to avoid their sale, donation, or other methods of alienation for concealment.

The seizure of funds that are in bank accounts will help eliminate the possibility of cashing them out, transferring them and other manipulations with funds.

The legislation does not provide for specific terms of the arrest . Cancellation of a measure is allowed at the initiative of the parties or the court.

The division of property of a married couple is a complex of complex measures, including determining what property is subject to division, assessing the property, and providing the court with evidence to support their claims.

Division of jointly acquired property upon divorce of spouses

The property of the spouses acquired during the marriage is subject to division by law.

It can take place in pre-trial or judicial proceedings, which depends on the consent of the parties and the existence of disputes. The initiator of division in 2018 can be any spouse, as well as interested creditors when collecting debt.

The part of property that is personal possession is considered indivisible.

In case of controversial issues, cases are resolved in court and require compliance with the law and procedural norms. Each situation is individual and is considered within the specific circumstances. If you have questions about the divorce process and division of property, you can get a free consultation from our lawyers.

Types of matrimonial property regimes

The divorce process and the procedure for dividing property are regulated by the Civil Code of the Russian Federation and the Investigative Committee of the Russian Federation, depending on the circumstances. When resolving a dispute about shared ownership of real estate and things, the regime of law is taken into account, which can be enshrined in legislation, contracts and other documents.

There are 2 types of property regimes for spouses: contractual and legal. Each of them is legal. Let's consider some nuances:

• jointly acquired property is subject to equal division between the parties, which implies a legal regime;
• contractual agreements can act as additional grounds when deciding on shares of property during divorce proceedings and division of valuables.

Note!

Disputes regarding civil marriage are considered separately from the RF IC and require confirmation of the financial investments of each party.

With a civil marriage, everything is much more complicated than with an official one. This term refers to the cohabitation of a man and a woman without entering into a legal union between them. If common-law spouses do not have legal family relations, it is very difficult to resolve various controversial issues. Especially when it comes to property conflicts.

The best option in this case is a peace agreement. If it is not possible to reach a common decision, you will have to go to court. The process will not be easy. First, the court will have to prove that the couple really had a family, even if it was not registered. Then it will be necessary to submit documents confirming the contribution of each party to the dispute in the acquisition of things and real estate.

Legal regime

It defines the divisible values ​​acquired in a marriage, regardless of the investments of each spouse. That is, it does not matter to whom the item is registered, a car or a house.

It also does not matter what the amount of investment of each spouse is. If the property was purchased during the marriage, then it is shared and divided equally.

In fact, this principle is most often violated for the following reasons:

• the house, apartment or land are indivisible, and selling them is not profitable for one of the parties;
• there is no money to compensate for the shortfall in the legal share. Such disputes take years to be resolved in court;
• the lack of income and a place to live creates an ambiguous situation in which spouses, after a divorce, are forced to live in the same territory.

The legal regime also establishes categories of property that cannot be divided. These are donated items, inherited property, items purchased before marriage.

In the case of running a peasant/farm enterprise, the division occurs not within the framework of the RF IC, but according to the RF Civil Code.

If a marriage contract was concluded in the union, the legal regime loses its relevance; in this case, property will be divided according to the rules set out in the contract

Treaty regime

When considering the contractual regime of property, one should take into account the rights and obligations of the parties in marriage and during divorce. They are specified in the marriage contract. This document has legal force. According to the drawn up agreement, the court distributes the shares of each party in the proportions that were agreed upon in the contract, but without infringing on the interests of the partner (Article 44 of the RF IC).

Note!

A prenuptial agreement has no value as a property division agreement. The document can be used in legal proceedings, but can also be appealed and terminated in accordance with the law.

Common property regime

The joint regime of property acquired during marriage includes the income of the spouses, jointly purchased values, assets, loan obligations, etc. The exceptions are items with restrictions under the marital agreement, personal items, inherited and gifted items.

According to the law, joint property includes:

• any monetary income (salary, social benefits, scholarships, bonuses, pension accruals, business profits, finances from sales/rents, etc.);
• acquired real estate during marriage also belongs to the category of jointly acquired property, regardless of the ownership rights according to the document (it does not matter which of the spouses entered into the agreement and is indicated in the owner column) plot, apartment, house, non-residential premises, commercial real estate, etc.;
• purchased technical equipment, including cars and motorcycles, other assets, the purchase agreement for which contains the signature of one of the spouses, is also a divisible value;
• shares, shares, securities, equipment and movable property;
• mortgage debt obligations, shared construction, investments and loans are jointly acquired and divided in equal shares.

Note!

A jointly taken loan under any agreement (mortgage, car loan, cash or goods loan) is divided in equal shares between the spouses.

If one of the couple took out a loan without the consent of the other party, and also has unpaid debts from third parties, the creditor has the right to demand the division of property to collect the debt from the responsible person. In this case, payment obligations are assigned only to the borrower, because we are talking about personal debts that are not related to general loans.

Let's give an example. Buying furniture on credit is a joint debt, and a cash loan without the consent of the other party, if the money was spent on games, recreation and other entertainment, is personal.

According to Art. 38 of the RF IC, division of acquired property can be carried out not only upon dissolution of the union, but also during marriage. In this situation, the same requirements apply to the process as for divorce.

In a marriage, property can be divided in 2 ways: by peaceful agreement of the parties or in court

What you should know when dividing property in a marriage:

• the ownership shares of each owner are established in court. The share is assigned to the spouse before and after divorce;
• If the equality proposed by law does not suit the husband and wife, they can draw up an amicable agreement on the division of property. The court may prevent this if one of the parties disagrees;
• when dividing property acquired during marriage, subsequently acquired items/real estate are considered jointly acquired assets and are subject to division separately from previously established shares.

If one of the couple does not agree with the shares determined by the court or settlement agreement, this fact can be appealed to a higher court with the support of competent lawyers.

Once property is divided during marriage, it cannot be divided after divorce. In this situation, newly acquired values ​​are divided, including the credit obligations of the parties.

Division of joint property during divorce

The most difficult question for many married couples is how to legally divide what was acquired during marriage? Some people prefer to resolve the dispute peacefully, others want to divide everything according to the law and go to court. Both options have their pros and cons.

The standards regarding the shares of spouses are established by Art. 254 of the Civil Code of the Russian Federation and Art. 39 of the RF IC, an equal ratio for each of the parties, unless otherwise established by the marriage agreement. If things are indivisible, their cost is reimbursed by the second party.

It is better to divide property during a divorce during the dissolution of the marriage, combining two cases into one. This will reduce time losses and nerves.

In case of disputes based on “yours is mine”, it is better to involve competent lawyers in the case, since it is unlikely that you will be able to resolve the situation on your own. Such problems are most often caused by the disagreement of one of the spouses to share the apartment, car and business rights purchased during marriage.

Experienced lawyers recommend not to deal with controversial issues personally, but to entrust such a situation to a competent lawyer who will collect evidence, help with documents and protect the interests of the plaintiff

The aggressive behavior of one of the spouses can result in a criminal offense, which is not uncommon in judicial practice.

Division of property in court: what you need to know?

If the issue is considered in court, the spouses still have the opportunity to come to the conclusion of a peace agreement during the meeting. If there are joint children, the court has the right to deviate from the norms regarding equal shares in the interests of that family member whose income is less due to incapacity and raising a minor child.

Also, when allocating shares, the following circumstances are taken into account:

• military service or imprisonment;
• number of minor children;
• financial position;
• personal wishes of the transmitting and receiving parties;
• alimony debts and so on.

The division of property has a statutory deadline for appealing a decision in case of infringement of rights - 3 years, this period is calculated not from the moment of divorce/court, but from the date when the person learned of the violation of his rights

How to file a claim in case of division through court?

In order to correctly draw up a claim for division of property, you should strictly follow the norms established by law, and also take into account the place where the application is filed. As a general rule, such cases are considered at the place of residence of the defendant.

The following cases are exceptions:

• minor children live with the plaintiff;
• the applicant cannot attend a meeting in another city/district due to health reasons.

An application for division of property is drawn up in the prescribed form and submitted to the court office.

The sample document includes several required items:

• name of the judicial authority;
• full information about the defendant and plaintiff, full name, date and place of birth, registration address;
• marital status confirmed by a copy of the marriage certificate;
• information about property that is disputed or subject to division;
• the total value of the property in the aggregate;
• the applicant’s demands on what to keep and what the citizen is ready to give up. Here you can include reasons and grounds, etc.

Documents must be provided as an appendix to the claim - a marriage or divorce certificate, a passport and a child’s birth certificate, a certificate of family composition, an independent assessment of property, a receipt of paid state duty

The statute of limitations for this claim is 3 years. During this period, one of the spouses has the right to file a claim in court after the official dissolution of the marriage.

Division of property in a civil marriage

Often, disputes about the division of property arise among people living in a so-called civil marriage.

What you should know about this situation:

• the share of co-owners can be allocated at the initiative of either spouse, which involves the division of acquired property in the process of joint farming;
• the dispute can be resolved peacefully or through court;
• The RF IC does not apply in this case, and all issues are considered within the framework of civil legislation.

To prove your rights to part of the real estate and other property, you must provide the relevant documents for each transaction completed. It is also necessary to confirm a personal contribution to the purchase or repair of an item. This will allow the shares of each owner to be legally distributed. Witness testimony, contracts, receipts, etc. can be presented as arguments.

Note!

In the absence of evidence of joint ownership or financial investments on the part of the plaintiff, the claim will be denied. It will be almost impossible to recover the costs incurred.

Division of inherited property

Many spouses know that personal items cannot be divided unless they are considered a luxury item. For example, a fur coat worth 30,000 rubles is the wife’s personal item, and a bracelet with diamonds worth 30,000 dollars is already a luxury item that can be divided in equal shares during a divorce.

As for inheritance, it is not subject to division. But there are also exceptions here. According to the norms of Russian legislation, the division of inherited property of spouses is possible forcibly at the request of the interested party.

Most often, this problem remains unresolved, since it requires competence from the applicant’s lawyers and his personal participation in collecting evidence and defending his position.

Personal property becomes joint property if, during the period of ownership during marriage, the condition of the property was improved using funds from the common family budget

In order to legally divide the part that was transferred to your spouse as an inheritance, you should make a lot of effort:

• you must provide evidence of your own costs for upgrading the object: receipts, witness statements, results of work, etc.;
• a mandatory condition is to conduct an independent assessment of the value of the object before and after its alteration, which will provide real evidence of the changes made;
• when drawing up a claim, it is necessary to indicate the requirements for the object, attaching all the above evidence and inviting witnesses to the court.

Note!

In judicial practice, such disputes most often relate to repair work carried out: reconstruction, extension, communications, etc. Less common are car repairs and computer upgrades.

If a spouse decides to voluntarily transfer ownership of property, then it is enough to formalize the corresponding transaction by contacting experienced lawyers. Our specialists will prepare a package of necessary documents, and will also help with advice and action, legally formalizing all agreements without lengthy litigation.

If evidence is not provided or the work was not carried out, then property inherited during marriage will not be divided between husband and wife

Summary

Based on judicial practice and legal norms, we can summarize and highlight the main points in the issue of division of property acquired jointly during marriage:

1. the division of shares between spouses can take place both during the marriage and after a divorce, but no later than the statute of limitations of 3 years;
2. if the rights of one party were violated (including the interests of the child), then the period is calculated from the date when this fact became known;
3. if there is a marriage contract, the procedure is greatly simplified;
4. Both jointly acquired property and property inherited by one of the parties is subject to division if there is evidence of investments in it from the family budget;
5. According to the law, division is allowed not only through the court, but also by agreement of the spouses, which does not require notarization.

If you have problems dividing financial savings, real estate, equipment and other things, it is better to seek help from experienced lawyers. This will allow you to avoid illegal actions, as well as defend your position in court.

The procedure for dividing the common property of spouses after divorce. Nuances in various difficult cases

In this article we will talk not only about what this procedure is, but also about how to competently carry it out with the help of a specialist and on your own.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

What it is?

Article 34 of the Family Code of the Russian Federation states that all income received by each spouse in any way is their joint property . Property, which is characterized as common, may consist of securities, immovable and movable things, deposits, accounts and other property acquired by the husband and wife.

It does not matter which spouse this property is registered in the name of. The division of property can be voluntary by mutual consent of divorced spouses and forced, when all disputes between the parties are resolved by the court.

How are shares distributed after divorce?

According to the norms of family law, spouses are endowed with general rights and responsibilities; this equality is preserved even when dividing property after a divorce, that is, the shares of husband and wife are equal, with the exception of moments that imply a different division:

• a marriage contract has been drawn up, which specifies the shares of the spouses in the event of a divorce;
• there are minor children claiming property;
• one of the spouses is disabled.

The methods for determining the shares of spouses when dividing common property are described here.

What property can be divided?

Any property acquired by legally married spouses is subject to division. The exceptions are personal items:

• cloth;
• shoes;
• tools;
• Sports Equipment;
• cosmetics.

Property acquired before marriage is also not divided. Real estate, transport, any property received as a gift or inheritance remains the property of the recipient. Not shared:

• products of mental and sports activity (books, paintings, scientific articles, cups, medals);
• office housing and transportation;
• things purchased during the actual termination of the marriage relationship;
• property of minor children, including accounts opened in the child’s name.

All property of the children passes to the parent with whom the child remains.

If personal belongings are a luxury item, they are separated. These may include:

• a collection of expensive paintings;
• high value jewelry;
• expensive fur products.

If one of the married spouses received something as an inheritance and the second one invested his funds in this property, then the inheritance is sold and the amount spent is returned.

In the case of concluding a marriage contract, the parties adhere to its points.

What property is not subject to division during a divorce and what exceptions there may be is discussed here.

1. During the marriage, at the request of one of the spouses.
2. After divorce at the request of one of the spouses.

Spouses can divide property immediately after a divorce. This can be done through a settlement agreement. In this case, a list of all items is compiled and distribution is made, after which the document is notarized so that it cannot be terminated or changed.

If the spouses cannot agree, then the property is divided by the court, based on the application of one of the parties, which is submitted immediately after the divorce.

Read more about the procedure for dividing property during a divorce in our material.

Drawing up an agreement between ex-husband and wife

This agreement is concluded by spouses and can take two forms: an agreement on the division of property, when an object passes to one of the parties in its entirety, and an agreement on the determination of shares, if the object needs to be divided. The agreement can be oral (if the value of the property is not more than ten thousand) or written. For the latter, the necessary documents are collected:

• passports of spouses;
• Marriage certificate;
• divorce certificate;
• documents confirming the ownership of property.

The agreement must necessarily indicate the place and date of execution, passport details of both parties, data on marriage and divorce, a list of all property to be divided, indicating the new owner and signatures of both parties. It does not have to be notarized, but in this case the document can easily be challenged in court.

Statement of claim

The statement of claim must indicate all the property that is subject to division. Documents confirming the right of ownership and papers with the value of things are prepared. If there are none, then you need to contact an appraiser.

A sample application can be obtained from the court office. A copy is made so that the office can make a note of acceptance of the application.

A settlement agreement is concluded by spouses exclusively during the divorce process. It has judicial executive power and after its conclusion, the spouses can no longer go to court with the same disputes.

The settlement agreement may include any terms that both parties agree to.

State duty

The state duty in this matter is calculated based on the cost of the claim. In 2018, according to Article 333.19 of the Tax Code of the Russian Federation, the state duty is calculated as follows:

Interval	Fixed amount	Percent
less than 20,000 rubles	400 rub	No
from 20 to 100 thousand rubles	800 rub	3% of the amount, more than 20 thousand rubles
from 100 to 200 thousand rubles	RUB 3,200	2% of the amount, more than 100 thousand rubles
from 200 thousand to 1 million rubles	RUB 5,200	1% of the amount, if more than 200 thousand rubles
from 1 million	RUB 13,200	0.5% of the amount, more than 1 million rubles, but not exceeding 60 thousand rubles

You can read about the amount and methods of paying the state duty here.

Limitation periods

Paragraph 7 of Article 38 of the RF IC, as well as Articles 195 - 200 of the RF Civil Code indicate that the statute of limitations for filing a claim in court with a demand for the division of marital property is 3 years.

The court decision and the possibility of challenging it

The court's decision is made in the deliberation room , immediately after familiarization with all documents and evidence of the parties, immediately after the hearing. The court is based on Chapter 16 of the Civil Procedure Code of the Russian Federation.

It is possible to challenge a court decision within the time limit established by law. Through an appeal, the period will be 1 month, in cassation - six months from the date the decision enters into force.

The procedure for assessing property is regulated in detail by Federal Law No. 135-FZ of July 29, 1998 “On Valuation Activities in the Russian Federation.”

The assessment is carried out at the request of the parties when a dispute arises about its value and for payment of state duty to determine the amount of the claim. The market value, inventory value, or insurance amount may be taken into account. The assessment is carried out by the BTI, the cadastral service, a professional appraiser, or directly by the plaintiff himself.

Nuances during bankruptcy

How is property divided? The procedure for bankruptcy of a citizen and the sale of common property of spouses occurs in the following order:

1. The court considers the personal bankruptcy case of an individual and makes a decision on the sale of property.
2. An inventory and assessment of the joint property of the spouses at the time of bankruptcy is made.
3. The shares of husband and wife are differentiated.
4. An auction is held, after which the bankrupt’s share goes to pay off creditors, and the second spouse’s share goes to him for personal use.

You will find the nuances of dividing property during bankruptcy in this material.

Features if there are children

Children do not take part in the division of their parents' property , since they have no right to it. It goes to them in the form of a gift or inheritance.

However, if the child owns any property, it goes to the spouse with whom the child remains. If this property is sold, then the entire amount also goes to the child.

We talked about the rules for dividing property in a divorce with or without children in a separate article.

What do you do if you have loans and debts?

Common debts (mortgage, child education, loan for a joint vacation or household appliances) are distributed equally between husband and wife.

If one of the spouses claims sole use of any item, then he assumes all financial obligations. If the loan is issued to one of the married couple, then this debt is considered personal and is not divided.

How to deal with your spouse’s loans and debts during divorce and division of property is written here.

Division of jointly acquired property of spouses during divorce

• Content
• The division of jointly acquired property during a divorce and after the divorce of spouses is, unfortunately, one of the most common categories of cases that lawyers encounter.
• This procedure often causes hostility between spouses, and the main reason for the hostility is the division of property.

When it comes to practice, many do not know where to start and what to do in order to correctly divide jointly acquired property. After all, no one wants to give in, and no one wants to take the wrong step. We'll talk about this in this article.

If things do come to a divorce, many people wonder:

How is the division of jointly acquired property between spouses carried out?

The process of dividing property between spouses is quite simple. The difficulties lie deeper, the most difficult thing is to overcome emotional difficulties, prepare for the process, collect evidence, prepare documents, and the most important thing is the knowledge that we will try to convey to you. Almost any property is subject to division, the main thing is that it was purchased during marriage.

Dear readers! The articles describe only typical (template) situations and methods for solving them.

It is worth considering that each case is unique, and solving a separate issue requires an individual approach.

To find out how to act specifically in your case, we recommend using a free consultation at 8 (499) 755-64-00 or write to us through the contact form.

There are several ways to divide property

1. The law does not provide for the mandatory division of property of spouses, therefore, you can simply dissolve the marriage and not divide the property. The downside is that a dispute may arise in the future, and it is better to at least “come to” something and put it on paper.
2. The most peaceful option is to put aside emotions and draw up an agreement on the division of marital property (click to find out more). The agreement specifies all the conditions and agreements, how it will be divided and what will be divided.
3. If there is a marriage contract, then all the conditions for the division of jointly acquired property are in it.
4. The final and most effective authority is the court. All disputes regarding the division of property during a divorce and after a divorce will definitely be resolved in court. Moreover, they are binding; in extreme cases, the court will force you to do this.

Under the influence of negative emotions, spouses most often immediately go to court. But this is not always true; perhaps it makes sense to try to resolve the issue peacefully; in fact, this is why specialists are brought in.

They not only handle cases in court, family lawyers are also subtle psychologists who can most likely persuade the opponent to resolve the issue peacefully.

However, not everything can be taken and divided, because then marriage would be concluded only for selfish purposes. Those rumors in which all the property of the spouses is divided equally is a myth.

According to the law, which is actually and logical, those things that were owned before marriage or bought after divorce or became property through a gift or inheritance are not divided

• Division of jointly acquired property of spouses during marriage: Spouses can divide property at their own request even during marriage. This is done quite simply, you just need to sign an agreement. But all property that was purchased after division will again be considered joint.
• Division of property during divorce: If it comes to a divorce, then the division of property can be carried out in the same process as the divorce. You simply write down the demands in one claim or in different ones and file a lawsuit; it will certainly consider these claims either together or one by one.
• Division of property after divorce: In principle, no one forces anyone to divide property; this is everyone’s personal initiative. That is, the spouses can leave everything as it is if no one has any complaints. But if suddenly there are goals to divide property, this must be done within 3 years from the date of divorce.

How does the division of property proceed in court?

The final and most effective authority in any dispute is the court. Its decisions are binding, otherwise the court will force the decision to be carried out.

If the spouses could not come to a “common denominator”, then the issue will be decided by a state body, this is a magistrate’s, district or city court.

Almost always, the judge divides the property strictly in half, but if one is awarded more, then he must compensate for this.

Division of jointly acquired property in court:

1. Married. The law allows for the division of property between spouses during marriage, the main thing is to fix it on paper. True, in the future, all acquired property is again considered common. But if the spouses stop living together, they will need confirmation that the item is personal property.
2. During a divorce. The most common option is the division of property during a divorce. To do this at the same time, you need to file one claim with two demands, or 2 separate claims with your requirements.
3. Division of property after divorce. If the spouses have already divorced, then within three years after the divorce they can do this. The first step is to draw up and file a claim for division of property. It must contain all the details about the spouses, names, addresses, information about marriage, information about property, value, and evidence that the property is truly joint.

If you need advice or help in drawing up an application, you can use the help of the Yur-Info portal. If you have already filed a claim, then file a lawsuit.

Documents for the division of jointly acquired property in court:

• A legally competent statement of claim for division of property with detailed information about spouses, children, property and be sure to attach other documents;
• Passports of both spouses;
• Children's birth certificate;
• Documents for the disputed property, confirmation of ownership and value of the property are required;
• Certificate of marriage and divorce;
• At the end, you will have to pay the state fee and provide a receipt as proof.

First of all, when dividing property in court, the court determines which property is personal and which is jointly acquired and is subject to division, which shares are due to each of the spouses. Have you encountered similar situations and do you need help from experienced lawyers? The Yur-Info website is always ready to provide you with everything you need! Call or write to us.