Statement of claim for division of property after divorce (sample) 2023

Things purchased during the period of marriage are divided in two ways: voluntarily and forcibly. The first option involves concluding an agreement or verbal agreement. The second involves preparing a claim for the division of joint property of the spouses, a sample of which is available below.

A cheaper option is an agreement, regardless of its form. The legal process is expensive (you will have to pay a fee based on the value of the property), long and complicated, especially when the spouses are not on friendly terms. But most often, judicial division of property is the only opportunity to restore justice.

Legislative regulation

Before moving on to the process, you should decide what can be divided and what cannot. The following is true if the parties refuse a marriage contract establishing the regime of property acquired during marriage.

The list of things subject to division is established by law. It is determined that all property that was purchased after marriage belongs to both spouses in equal shares.

This also includes luxury items and jewelry, shares in the authorized capital of legal entities, shares, and deposits.

The following items are not divided:

• purchased before marriage registration;
• received as a gift after the wedding, for example, under a gift agreement;
• inherited;
• that are personal;
• belonging to the child (even if a bank account is opened for the child, this money belongs to him and not to the parents);
• intellectual property.

Terms of division of property

A claim for division of property is filed within a limited time frame. It is established that the spouses are given three years to resolve this dispute. The countdown begins from the day when one of them learned about the violation of his rights and interests. Most often, this date is considered to be divorce, but there are cases when it is shifted.

Example: the spouses agreed that one of them would sell the apartment and give half of the proceeds. When the time comes for settlement, it turns out that the agreement has not been fulfilled. In this case, the prescription is counted from this point. It is not difficult to prove it, for example, with testimony.

It is most often impossible to make a division outside the specified period. But the statute of limitations applies when the defendant asks to apply the rules associated with it. If the parties are satisfied with everything and they want to resolve the dispute, the court will consider it. However, in practice, missing the deadline for going to court is the first thing the opposite party complains about.

The law provides the opportunity to proceed with an application for the division of joint property of spouses not only after divorce, but also before and during the divorce process. This requirement is rare, but is presented during the consideration of a dispute about children or alimony.

Determination of jurisdiction

The claim is filed in court, world or district, depending on the value of the property. If there is not much of it, and it costs up to 50 thousand rubles, the application is sent to the magistrate. If the specified amount is exceeded, you should apply to the district court.

The judicial authority is determined by the place of residence of the former spouse or the location of real estate if it is the subject of disagreement.

Assessment and duty

Before drawing up a statement of claim for the division of marital property, it must be assessed. When a dispute is referred to the judicial authorities, a fee is paid, the amount of which depends on the value of the subject of the dispute. If there are several, the total amount is calculated.

The contract under which they were purchased, checks, receipts, and other documents containing its value will help determine the price of things. For real estate, it is permissible to use a cadastral valuation. You can find out by ordering an extract from the Unified State Register of Real Estate.

Other items for which there are no documents are assessed at the discretion of the plaintiff, taking into account wear and tear. Their approximate cost is calculated based on prices for similar used items. Finding sites with advertisements for the sale of used property is not difficult.

The total cost of things forms the amount paid to the budget and necessary to file a claim for division of property (sample below). It consists of a fixed part and a percentage.

More detailed information is contained in the Tax Code. There is a calculator on the website of any district court. There you can also find the form and details for the transfer.

Payment is made through the bank in person or using various services.

If the amount of the fee is large and it is not possible to pay it immediately, it is allowed to apply for a deferment or installment plan.

Documents confirming financial difficulties are attached to it, for example, an account or card statement, a certificate from work about the delay in wages.

In this case, the duty is not paid or only partially paid. Granting this privilege is a right, not an obligation: the court can refuse.

Instructions for going to court

A statement of claim requesting division of property initiates the start of the process. For it to be fast and effective, preparation is required. It is as follows:

• determine a list of property that, in the plaintiff’s opinion, should be divided;
• calculate its price;
• collect supporting documents;
• calculate the amount of duty payable;
• pay it or prepare a request for an installment plan or deferment (documented in a petition);
• draw up the text of an application for division of property during or after a divorce;
• create a package of documents;
• prepare copies for all participants in the process;
• file a claim in court in person, by mail, by courier, or electronically.

Points one through five were discussed in detail above.

Filing a claim

The statement of claim is addressed to the court selected according to the rules of jurisdiction. Its name is indicated in the header of the document. Next comes information about the plaintiff and defendant, their addresses and telephone numbers. Below is the price of the claim, equal to the value of the property, followed by the amount of the state duty paid.

The main text should describe the situation without any emotional overtones, just facts. These include:

• date of marriage;
• date of termination;
• existence of a marriage contract or other agreement;
• acquisition of property (date and cost);
• justification for other stated requirements.

Each of these points is confirmed by relevant documents (certificate of termination of marriage, sales contracts, checks, invoices, account statements).

Afterwards, a request to the court is formulated and the attached documents are listed. The document is dated and signed by the applicant.

• The request is to determine equal or unequal shares, transfer property to one of the spouses, award compensation and determine its amount.
• A sample statement of claim for the division of jointly acquired property can be viewed here.
• Download the document (isk-o-razdele-imuchestva-posle-razvoda.doc, 32KB)

Counterclaim

In essence, this is the same statement of claim for division of property, filed in a process that has already begun. It includes requirements that exclude those stated in the original document or those intended for offset. Both claims must have a common connection and facilitate a speedy resolution of the case.

The grounds for filing a claim include:

• inclusion of personal belongings in the list of divided property;
• if the property was acquired with funds from the sale of items belonging to the spouse before marriage;
• demand for division of debts.

A counterclaim is filed according to the same rules; in addition, it indicates the case number. The requirements are assessed and the appropriate amount is added to the budget. The counterclaim is sent to the body considering the dispute.

Trial

After filing a statement of claim, it goes to a judge. He checks that all requirements are met. If the document is drawn up with violations, the judge sends the plaintiff a request to eliminate the deficiencies. If it is completed on time, the application is accepted and a preliminary hearing is scheduled, otherwise the package of documents is returned to the applicant.

The consideration of a claim for division of jointly acquired property is completed within 2 months. However, in practice this period takes longer. The two-month period is suspended while evidence is received from various authorities and other papers related to the case are collected.

After studying documents, interviewing witnesses, and hearing the parties, the court makes a decision. It can be appealed within one month. After this period, the document comes into force and becomes binding on all participants in the property dispute process. If you refuse to voluntarily comply with orders, coercion through the bailiff service is possible.

Application for divorce with division of property: sample 2023

Many divorcing spouses file a statement of claim for divorce and division of property, asking the court to consider all the issues that have accumulated during their cohabitation at the same time. Where exactly is the document submitted, what should it contain?

Advantages of filing a double claim

Personal life, even after the birth of children, does not always proceed successfully. Sometimes people who previously loved each other come to the conclusion that divorce is the only way out. During their long-term cohabitation, they acquire real estate, the division of which most often takes place in court. If one of the parties wants to resolve these two issues at the same time, then a “double” claim is filed. The advantages of this solution are the following:

• resolving several problems at once within the framework of one trial;
• fewer meetings during court hearings (if there were two claims, then the case for each of them would be examined separately);
• faster consideration of the circumstances of the case and, as a result, a decision.

However, sometimes drawing up such a claim is impractical.

For example, if there are no obstacles to a peaceful divorce (the children have already grown up or did not exist, and both spouses agree to the divorce), then it would be more logical to carry out the divorce procedure through the registry office, and only then resolve property issues.

Such a decision would not be advisable either when the former spouses do not have a question about the division of property - in this case they simply enter into an agreement. This right is reserved to them in paragraph 2 of Art. 38 RF IC.

The disadvantage of resolving the issue through the court in these situations is explained not only by the time costs, but also by the payment of state fees.

Which court should I go to?

Before drawing up an application, the plaintiff must figure out what level of court he can even apply to. There are several options here:

• Art. 23 of the Code of Civil Procedure of the Russian Federation determines that the magistrate court hears “double” claims for divorce and division of property only in cases where the cost of the claim is no more than 50 thousand rubles.

• If the amount of the claim exceeds 50 thousand rubles, then the case is considered not by the magistrate, but by the district judge.

In fact, it is extremely rare to go to the magistrate’s court on issues of division of property, because 50 thousand rubles. - this is a small amount. Over the years of living together, spouses manage to purchase a car, an apartment, a country house and other valuables that are also subject to division.

When assessing the value of a claim, it is necessary to include only property acquired jointly during marriage, with the exception of personal property (what was acquired before marriage, as well as clothing, accessories, etc., but excluding luxury items). Valuables belonging to minor children are not divided between spouses if they are intended to meet their needs.

The plaintiffs file an application with the court at the defendant’s place of residence. If this is unknown, then you can contact us at your address.

State duty amount

Filing a claim requires advance payment of a state fee. Without this, the court will not even consider the documents provided. When it comes to simultaneous divorce and division of property, you need to pay two state fees at once:

1. For divorce . Here the size of the state duty is fixed. In 2023, it is equal to 600 rubles for both spouses together.
2. For the division of property . There is no single meaning for all situations. The minimum duty is set at 400 rubles.

The second state duty most often has a more tangible size. They depend on the value of the claim and have the following calculation rules:

Cost of claim	State duty amount
Less than 20 thousand rubles.	400 rub.
More than 20 thousand rubles, but less than 100 thousand rubles.	800 rub. + 3% of the excess amount
More than 100 thousand rubles, but less than 200 thousand rubles.	3,200 rub. + 2% of the excess amount
More than 200 thousand rubles, but less than 1 million rubles.	5,200 rub. + 1% of excess
More than 1 million rubles.	13,200 rub. + 0.5% of the excess amount (maximum – 60 thousand rubles)

Due to poor financial situation, the court may reduce the amount of the state duty, defer its payment or provide the applicant with an installment plan. However, for this purpose an additional request is drawn up.

Determination of the claim price

The most difficult part for most claimants is the process of determining the value of the claim. In reality, everything turns out to be simple. It is enough to take the market value of a property. Additionally, various defects that reduce the price may be taken into account. The defendant, in turn, can protest one or another value of a particular property.

Some types of property cannot be divided equally. Then the party can claim to receive monetary compensation from the defendant.

It is important to remember that during a divorce, not only property is divided between spouses, but also their common debts. Sometimes unscrupulous husbands and wives, knowing about the impending divorce, take out a loan for themselves and use the money for their own needs. Such debts cannot be divided, but on the condition that the other party proves that they had nothing to do with this money.

Features of filing a claim

Having decided all the nuances regarding property issues, you can proceed to the actual preparation of the claim itself. The header of the document contains information about the parties:

• the court in which the case will be heard;
• plaintiff;
• defendant.

The total price of the claim in rubles is also indicated here (calculated by summing the prices of all property listed in the document).

Next comes the main part of the statement. In it, the plaintiff describes in detail the circumstances of the case. The date of marriage and the place of registration (specific department of the registry office), data on the time of living together (for example, spouses may not live together during marriage, this may affect the subsequent division of property) must be indicated. Also indicated:

1. Information about children, if any . If there are no disagreements regarding their location and payment of alimony, the plaintiff can attach an alimony agreement to the claim. Otherwise, this issue will have to be resolved in court.
2. Transfer of jointly acquired property . Each object is indicated point by point. It describes the name (apartment, washing machine, etc.), address (for apartments and other real estate), brand (mainly for household and electrical appliances), cost, information about who uses the property (plaintiff, defendant, jointly). Additionally, the presence of an encumbrance or loan debt associated with a specific property may be stated.

After the enumeration there is a description of the defendant’s point of view on the peaceful division of property, references to legislative acts. Afterwards, the plaintiff makes requests regarding divorce and division of property. This may indicate what the plaintiff would like to keep for himself and what he is ready to transfer to the defendant. In case of unequal division, the amount of compensation for one of the parties is also prescribed.

The claim must be accompanied by attachments, the list of which is reflected in the application. Then the signature of the plaintiff and the date of drawing up the document are affixed.

Sample statement of claim for divorce and division of property:

Download a sample application in docx format

Next, if everything is correct, the court office accepts the papers. The review itself takes about 2 months (the period may increase). Another 1 month is given to appeal. Only after this is a writ of execution issued. It turns out that the whole procedure takes at least 3 months.

Sample statement of claim for division of a car between spouses

Sample statement of claim for division of a car between spousesAverage rating 5 from 1 users

If spouses decide to go to court to differentiate ownership rights to property in 2023, a statement of claim for division is first required.

In this matter, interested parties should focus on the articles of the RF IC and the RF Code of Civil Procedure. To determine the amount of the state duty, the norms specified in the Tax Code of the Russian Federation are taken into account. You will also need knowledge of a number of federal laws. For example, Federal Law of the Russian Federation No. 315 (dated 01.12.

2007), which determines the activities of SROs.

Division of a car upon divorce

All property purchased by a married couple during the existence of the marriage union are classified as jointly acquired property (Article 34 of the RF IC). This rule also applies to purchased vehicles.

When dividing joint property between spouses, the principle of equality of shares is taken into account. Those. it is divided in half between interested parties (Article 38 of the RF IC). But this is only in case of judicial division. If spouses have a personal agreement, they have the right to establish a different percentage of shares, unless this is contrary to law.

When dividing a car in 2023, you have to take into account that it is impossible to perform this procedure mechanically. In this case, the following schemes are used if there is a need to differentiate ownership rights:

• Joint ownership. This means that when dividing jointly acquired property, spouses agree on further joint use of the car.
• Cash section. This method is resorted to if it is difficult to divide jointly acquired property in the form of property objects. In this case, they sell it, including the car, and divide the funds among themselves according to the established shares.
• Carrying out mutual settlement. This scheme assumes that the object becomes the property of one of the spouses, and the second is paid a sum of money to compensate for the loss of his part. Compensation may not be monetary, but property.

If property, including a car, was received as an inheritance or under a gift agreement, it remains the property of one of the spouses.

How can you split a car?

When dividing a vehicle between spouses, they use the general rules established by Art. 38 RF IC. According to legal norms, the division of property acquired during marriage is carried out:

• By written agreement.
• With the help of the court.

The spouses themselves decide how to divide the jointly acquired property.

Application for division of a car between spouses during a divorce.

By agreement

if a married couple has an agreement on the distribution of shares in the event of division of common property, they may not resort to legal disputes, but draw up a written agreement. it comes in two types:

• marriage contract. can be signed before marriage and during the existence of the marriage union. This document can establish any percentage of shares in the common property and delineate the right of ownership even for personal property.
• property division agreement. the document is formed during the marriage or after the official divorce at any time. The spouses have the right to divide the jointly acquired property in the document in any shares. this also applies to a car. provided that the ownership rights to the car are established by agreement, it is necessary to especially carefully spell out all the nuances relating to the car (make, model, number, color, engine number, registration date, etc.).

All written agreements require mandatory notarization. without it they have no legal force.

through the court

As statistics show, only a small percentage of married couples manage to resolve controversial issues regarding the division of a car and other property through an agreement. most resort to court assistance.

To do this, one of the spouses files a claim in court. As a rule, the claim is submitted to a court of general jurisdiction, because The magistrate has the right to consider a claim for division if the value of the divided property does not exceed 50 thousand rubles. This price is not typical for cars.

The judge, having considered all the details of the case, is more likely to make a decision to award the car to one of the spouses.

The choice of the future owner is influenced by multiple factors:

• which spouse has a driver's license.
• which party used the machine more often and spent time on its maintenance.
• who may need a car more after a divorce.

the party that does not get the car receives monetary compensation from the new owner. if the car is divided in equal shares, the amount of compensation payment is equal to half the cost of the vehicle.

expert car assessment

During the consideration of the claim for division, an assessment of the value of the car may be required. Determining it is necessary to calculate the amount of compensation paid to the second party.

If the car was purchased recently and has not been in an accident, there is no need to evaluate it. The price specified in the purchase and sale agreement is taken into account as the cost. In other cases, you may need to contact an appraiser.

Should the car go to the parent with whom the children stay? You can only choose a specialist who is a member of the SRO.

Before concluding a contract for the provision of a service, you should check whether it has:

• documents confirming receipt of specialized education;
• a valid professional activity insurance contract;
• documents confirming membership in the SRO.

A car assessment can be carried out in one of the following ways:

• based on the technical documentation for the machine;
• based on visual inspection and testing.

Upon completion of the work, the expert draws up a report indicating the cost of the object and its justification. This document serves as the basis for calculating compensation.

Sample statement of claim for car division

The statement of claim for the division of the common property of the spouses is drawn up according to the rules outlined in Art. 131 Code of Civil Procedure of the Russian Federation. According to the regulations, it must include the following information:

• name of the court with address designation;
• basic information about the plaintiff and defendant (full name, dates of birth, residential addresses, details of civil passports);
• the main essence of the claims, i.e. what does the plaintiff see as a violation of his own property rights;
• a request for the division of joint property indicating your wishes on this issue. Here you should provide links to regulations that can confirm the legality of the plaintiff’s claims.
• list of documents attached to the claim;
• Date of preparation;
• applicant's signature with transcript.

A claim for the division of jointly acquired property can be filed upon divorce, before the divorce or after.

On our website you can familiarize yourself with a sample statement of claim for the division of a vehicle and download it if necessary.

Documents for filing a claim

Simultaneously with filing the statement of claim, the following documents must be submitted to the court office (copies are required):

• general passports of the plaintiff and defendant;
• documents for the couple’s minor children (birth certificates or passports if the children have reached the age of 14);
• documents confirming ownership of divisible objects;
• expert opinion on the cost of the car;
• a payment document confirming payment of the state fee for filing a claim.

At his own discretion, the plaintiff can add any other documents to this list if he believes that their presence will contribute to winning in court.

The court decision and its entry into legal force

After considering all the circumstances of the case, the judge makes a decision on the division of common property. It comes into force only after meeting the deadline requirements:

• after the decision is made, the dissenting party is given a month to draw up and file an appeal;
• If the decision made by the second court is not satisfactory, the dissenting party is given six months to draw up and file a cassation.

Appeals and cassation complaints are drawn up according to the rules for forming statements of claim. The complaint should be filed with the office of the court where the first decision in the case was made. If necessary, the complaint is forwarded to the appropriate court.

If the parties agree with the decision, it comes into force one month after its adoption.

Settlement agreement on car division

During the court hearing, without waiting for a court decision, interested parties can come to a compromise on the issue of division of property. In this case, they are given the right to draw up a settlement agreement.

This document is formed according to the rules for a standard agreement on the division of property. The only difference is that it does not require notarization, because the text of the agreement is certified by the judge considering the property dispute.

Arbitrage practice

Every year, Russian courts consider tens of thousands of lawsuits regarding the division of a shared car. Court decisions on this issue are not diverse. In most cases, the car is transferred to one of the spouses. The second receives property or monetary compensation equal to half the cost of the car.

The presence of minor children in a couple does not affect the determination of the size of shares in property. But it can influence the choice of the future car owner. So, if a spouse with whom minor children live needs to transport them to children's educational and educational institutions, the car will most likely be awarded to him.

To divide the car in 2023, spouses can draw up an agreement or file a claim in court. A legal dispute requires a well-drafted statement of claim. When writing it, you must refer to the Code of Civil Procedure of the Russian Federation, or even better, entrust this procedure to a professional lawyer.

Application for division of property

Reasons for dividing property

One of the problems when conducting divorce proceedings is the division of property, but the reasons why the division occurs can be different:

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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• when living together - at the insistence of one of the spouses;
• according to a joint agreement of the spouses (the document is certified by a notary);
• after divorce, at the request of one of the spouses;
• in connection with the creditor's application.

The division of property can be arranged without a divorce if there are reasons for this.

By agreement between the spouses, provided there are no disagreements and based on the agreement on the division of property, there is no need to go to court .

An agreement on the division of property is certified by a notary and is called a Notarial Agreement. According to the Family Code of the Russian Federation, property is divided in equal parts, in the absence of another agreement between spouses .

Regarding the last point, it can be noted that for the debt obligations of one of the married couple, foreclosure can only be made on the property of this spouse. If this property is not enough, then creditors may demand the allocation of part of the debtor's property, due to him during the division of common property, for foreclosure.

Property for division

Property that is divided between spouses includes movable and real estate acquired by spouses during marriage, funds received from professional, mental and other activities, and income from business.

Pension payments and various benefits are subject to division if they are not of a targeted nature. Those involved in the division of property include: valuable bonds, savings, shares invested in commercial structures.

In this case, it does not matter which spouse acquired it, or in whose name or by whom the capital investments were made. When dividing property, you need to find out:

1. whether the property was purchased from the personal savings of one of the couple;
2. whether the disputed property was purchased after the divorce ;
3. whether financial injections were made that increased the valuation of the property of one of the spouses;
4. Is there any reason to violate the rule of equality of shares of a married couple’s property?

If it is established that one of the spouses alienated the common property or squandered it himself, without notifying the other spouse, then this property or its value will be taken into account during the division.

Things and property are not considered common: donated or inherited, property before marriage, purchased during marriage, but with one’s own savings, personal belongings, with the exception of jewelry and luxury. Things and household items purchased for children under 18 years of age . They remain the property of the person with whom the children will live.

Application for division of property

Where to file an application for division of marital property is decided based on where the defendant is registered or the property is located. When dividing real estate - to the court where the real estate is located, and in the case of dividing movable property - to the court where the defendant is registered.

An application for division of jointly acquired property of spouses must contain:

1. basis for bringing a claim;
2. information proving the veracity of the applicant’s words;
3. a petition for divorce and alimony, if the court is considering divorce along with the division of property;
4. request for division of property.

The application is signed by the person filing the claim and dated. A sample claim for division of marital property can be viewed on our website.

You can get advice on how to apply for division of property from a lawyer.

When divorcing a marriage , you should not forget about the statute of limitations when dividing the property of the spouses. The statute of limitations begins from the moment of divorce and is 3 years.

A package of documents is attached to the statement of claim:

• marriage registration certificate or copy;
• copies of children's birth certificates, certified by a notary;
• check for payment of state duty;
• certificates of the amount of income of the defendant and plaintiff;
• list of property participating in the division;
• certification of ownership of divisible property;
• a copy of the claim and other certificates required by the court.

State duty on division of property

When spouses enter into an agreement on the division of property, no state duty is assigned .

When dividing property in court, the amount of tax to the state treasury depends on the value of the claim. The amount of the fee is calculated by the plaintiff and paid before filing the claim.

The amount of the duty is determined in the range of values: from 400 rubles (minimum value) to 60,000 rubles (maximum value).

Depends on the value of the claim in % terms.

Deadlines for consideration of claims

Within five days from the date of filing the statement of claim, the judge, according to the law, is obliged to consider it and accept it for trial. Claims for division of property must be considered and resolved in court within two months .

Time limits for making a court decision

The decision made and rendered by the court comes into force within ten days from the moment the court makes its decision.

The procedure for dividing property

• Collection of necessary documents.

If the intention to divorce has matured and it is not possible to regulate family relations, it is not advisable to inform the other spouse about this.

The reason for this lies in the ability of the other spouse to hide documents on property acquired during marriage, sell some of the common property, or withdraw financial funds from accounts, which will complicate the procedure for dividing property. It is necessary to collect a package of required documents.

This can be done in court, but then you need to file a petition with the court to seize the property to be divided.

An arrest can be made immediately after filing an application.

• Preparation of a statement of claim.

The application indicates the property that needs to be divided, and your option for division is indicated. If the parties are unable to reach an agreement in court, the court will make a decision on dividing the property into equal parts. The application is accompanied by the remaining documents necessary for the division of property and a receipt for payment of the state fee.

When dividing movable property, the application is submitted to the district court where the defendant is registered. If real estate is to be divided, the application should be submitted to the court where this property is located.

• Judicial review of property division.

The question of how property is divided seems very simple, but its solution is complicated by the fact that during the court process many problems arise with the provision or search of evidence, or the seizure of property. The trial lasts from 2 months or more and takes a lot of time and effort. In such cases, it is advisable to resort to legal and legal assistance from specialists .

Conclusion

Let us summarize the following:

1. An application for division of property must be submitted to the court.
2. A claim for division of property is considered within two months.
3. The decision made by the court comes into force within 10 days.

List of laws

Samples of applications and forms

You will need the following sample documents:

• statement of claim for division of jointly acquired property

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Statement of claim for division of marital property after divorce, how to correctly write and file a claim in court

The statement of claim for the division of marital property presented on the website will be a high-quality sample prepared in accordance with current legislation. When divorcing, many couples are faced with the need to divide everything they acquired during their marriage.

This process is not easy and is associated, among other things, with significant emotional experiences. Heat of passion can reduce the reasonableness of assessing the circumstances of the case and make it difficult to properly prepare a statement of claim.

Of course, in such circumstances it is necessary to contact a lawyer specializing in resolving family disputes. At a minimum, it is advisable to get advice. Maximum – representation of interests in court.

If a decision has been made to divide joint property after the divorce, then perhaps some time has already passed and passions have subsided.

Then it is necessary to objectively evaluate all property acquired during the marriage, as well as its legal regime, and try not to infringe on the interests of minor children.

How to write an application for division of property? The claim must be a well-prepared document, all theses of which will be supported by evidence. The period when filing such a claim is possible is limited by law to 3 years from the date of divorce.

The Family Code of the Russian Federation stipulates the possibility of recognizing such property as individual property.

How to prepare a statement of claim in court and divide property

• How to file a claim for division of property?
• You can try to do this yourself by first studying the Family Code, as well as the Civil Procedure Code and half-empty samples of such documents on the court information stands.
• In this case, you need to be prepared for repeated returns of the statement of claim by the court.
• It is imperative to study all the requirements presented by the court for claims submitted for consideration.

Of course, the court has a lot of opportunities to tell what exactly is missing in the application for the division of property of the spouses. But often endless returns resemble an endless epic.

1. You can seek the help of a professional who will advise, file a claim or provide qualified representation in court.
2. But significant financial costs for preparing an application to the court can lead to similar problems in the event of an incorrect choice or dishonesty of a lawyer.
3. Whatever method of drawing up a statement of claim for division is chosen, it is necessary to check the presence in the document of information that is specified in the Code of Civil Procedure of the Russian Federation.
4. There must be a list of things, household appliances to be divided and proposals for its distribution between the spouses.

We use a sample statement of claim for division of property

If the choice fell on drawing up a statement of claim yourself using samples. Preference should be given to the highest quality ones.

On this website you can download application forms drawn up by professional lawyers. It is this quality that distinguishes them from many similar ones presented on the Internet.

They will help you draw up a claim that meets all legal requirements at minimal cost.

Example of a claim for division of property

• You can download a sample statement of claim for division of property after divorce by simply following the link.
•  Sample claim for division of marital property
• The phrase “division of property”, which frightens many, can become a reality for every ordinary citizen.
• Even if you are not married, you can find yourself drawn into a process where the question of how much of the joint property to leave to you is established.
• Of course, the most common disputes relate to the division of real estate during a divorce or after the marriage is dissolved.

Important points

The division of property during a divorce is possible if a judicial procedure is chosen for the dissolution of the marriage between spouses. In this case, demands to divide common property may be included in the application for divorce.

The court, when considering the application, must evaluate all the arguments set out in it.

In the event that the applicant does not make such a claim, a claim relating to this issue may be filed in the process by the other party.

Such a statement involves a listing of the disputed property and a proposal on how to divide it. The category of disputed property may also include property that is individual property.

In this case, the party making such demands must prove that it made changes to this property that increased its value.

An example is the reconstruction of an apartment purchased by one of the spouses before marriage.

How to divide marital property after divorce

The fact of divorce does not prevent filing a claim in court for the division of common property. It doesn’t matter whether there was an opportunity to file a petition during the divorce or not. And also how the marriage relationship was dissolved.

1. If the marriage is dissolved by the civil registry office, this circumstance is not an obstacle to resolving the dispute on the merits after receiving the divorce document.
2. The law establishes a period during which a claim for the division of common property after a divorce can be filed and it is 3 years from the moment one of the former spouses learned of their violated rights.
3. For more information, see the information on the page: Limitation periods for property disputes.
4. Any divorced person can file an application to the court, since their rights to property are recognized as equal.
5. At the same time, for those who are already divorced, it is important that the court recognizes property acquired after separation and, accordingly, living separately, as personal, while the marriage actually exists.

General procedure

Spouses can determine during the divorce, before or after it, the possibility of distributing between themselves the property acquired during the marriage. The agreement on the division must be notarized.

But if it was not possible to reach an amicable agreement or one of the parties is not happy with this state of affairs, a judicial procedure for resolving disputes is provided.

One person will be the initiator of the process and, accordingly, the plaintiff. The application must comply with the requirements established by law. The claim must indicate exactly what things, from the applicant’s point of view, are subject to division.

• The defendant has the right to appeal to the court with counterclaims, in which he sets out his vision of the problem regarding the ownership of things acquired during the marriage.
• It should be noted that in the event of a dispute between spouses, the Family Code establishes equality of shares of married persons in property acquired during the period of cohabitation.
• He makes the increase in the size of the share of one divorcing dependent on the state of affairs of the persons during the marriage or on the determination of the place of residence of the children.
• More detailed information on how to properly divide real estate can be found at a consultation.

Oleg Roslyakov, source sud-isk.ru.

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How to file a claim for division of property?

Quite often, in matters related to the division of property, there is a need to resolve the conflict through the courts.

The division of property is most often carried out after people stop running a joint household.

In such a situation, the need arises to divide joint property. Let's take a closer look at how property goes through the court, as well as the procedure for filing a lawsuit.

General information

The basis for the division of property can be either a mutual decision of the spouses or an application to court by one of the parties to the dispute. If the parties are able to find a compromise, then the division of the spouses’ property can take place without trial.

Quite often, the division of property based on a compromise between the parties is impossible due to the lack of a common solution.

In such a situation, a party who believes that its rights and interests have been violated in the process of dividing property has the right to file a claim. Also, the division of joint property often occurs in parallel with the divorce procedure.

To implement the divorce procedure with division of property, one of the parties files a corresponding statement of claim, consisting of two requirements.

Although a claim for divorce with division of property can be considered at the same time, they are formally divided into two independent claims, each of which requires payment of the appropriate state fee.

Law

The procedure for dividing property, as well as the procedure for going to court to implement this procedure, is regulated by the Civil Procedure Code of Russia.

Since all family relationships are regulated by the Family Code, on the basis of this document the rights of spouses to property acquired during the period of their marriage are determined.

What can be divided?

If people are married, which is officially registered in the registry office, then upon divorce, all things are subject to division, as well as investments and deposits of the couple acquired during the period of their marriage.

Such property includes:

• real estate;
• vehicles;
• household items;
• jointly acquired financial savings or open businesses.

The following items are not subject to division:

• acquired by one of the spouses before marriage;
• transferred to the property of one of the spouses as an inheritance;
• things purchased for common children.

It is worth noting that quite often before marriage, spouses draw up a prenuptial agreement, which may impose certain restrictions on the property rights of one of the parties.

In situations where people do not live in an officially registered marriage, only property that was actually acquired with common funds is subject to division. Also in such situations, the property rights of common children are taken into account.

Who can be the initiator?

The initiator of the division of property can be one of the spouses, both during a divorce and without an official break in relations.

When people live in an unofficial marriage, one of the co-owners can initiate the division of property.

Procedure

It is necessary to prepare in advance for the division of property in a court hearing. It is recommended to go to court only in situations where finding a compromise solution is impossible.

The fact is that the court rarely takes into account the specific interests of the parties, dividing property in equal shares, depending on its assessed value.

If it is impossible to resolve the problem of division of property without a court, then you need to:

Which court should I go to?

• District courts deal with issues of division of property if the size of the claims in the claim exceeds 50 thousand rubles.
• Disputes regarding the division of property, for which the amount of claims is less than 50 thousand rubles, can be resolved in magistrates' courts.
• Since, when dividing jointly acquired property, the size of financial claims can be quite large, most often these issues are dealt with by district courts (Federal Court of the Russian Federation at the district level).

Required documents

To file a lawsuit for division of property, you must prepare the following package of documents:

• application to the court (a second copy is needed to serve on the defendant);
• passport of the initiator of the division of property;
• a document confirming the status of the legal relationship between the parties to the process (marriage or divorce);
• a document with the results of an appraisal examination of the total value of the joint property;
• receipt of payment by the plaintiff of the mandatory state duty;
• documents confirming property rights.

If the joint property is registered in the name of the defendant, the plaintiff may file a request with the court to force the defendant to conduct an expert assessment of the property.

Since the amount of the state duty depends on the estimated value of the property, the plaintiff can also submit a request for a deferred payment.

If the parties were not officially married, then it is necessary to submit documents to the court confirming the right to part of the property. These can be both financial documents and birth certificates of common children who may qualify to receive part of their parents’ property.

Eyewitness testimony can also be used as evidence in court.

Claim for division of property

The right to file a claim in court for the division of property belongs to both spouses, but the procedure for dividing property is carried out depending on the specifics of the current situation.

Joint property

Jointly acquired property is things that are in common use of the parties, and also acquired during the marriage.

In such a situation, the parties can claim equal shares, regardless of whose funds the property was actually acquired with.

Upon divorce

If the division of property is carried out in parallel with the divorce, then one of the parties has the right to file a claim for divorce with the simultaneous division of property, however, in such a situation, the state fee is paid as for two claims.

After divorce

If the persons were married, but broke off the relationship, either on the basis of mutual consent through the registry office, or on the basis of a statement of claim by one of the parties, then filing a claim is possible before the expiration of the statute of limitations in cases of division of property.

After civil relations

If people lived in a civil relationship, but the marriage was officially registered, then determining what property is joint is quite difficult.

In such a situation, factual evidence is needed that the property was actually acquired jointly.

Married spouses

Filing a claim for division of property is possible even in a situation where the spouses continue to be in an officially registered marriage.

A similar situation may arise if people have decided to live separately, but do not want to end the marriage after dividing property.

State duty

1. If there is a trial regarding the division of property, the amount of the state fee is determined by the total assessed value of the dividing family property.

2. The state duty cannot be less than 400 rubles and more than 60 thousand rubles.

3. In this case, the fee is paid by the plaintiff, but can be included in the amount of the claim as compensation for legal costs.

How to file a claim?

Many citizens of the Russian Federation do not know how to correctly draw up a claim for the division of marital property in 2023. Let us consider the procedure for drawing up an application in more detail.

Content

The statement of claim is drawn up in a specially established form and contains the following information:

• name of the court, as well as information about the plaintiff and defendant;
• cause of action;
• description of jointly acquired property indicating the actual owners (to whom it is registered);
• requirements;
• information about accompanying documents.

Sample

Studying a sample statement of claim will help you avoid making mistakes in the process of drawing it up.

A sample application for division of marital property is here.

Counterclaim

• The defendant has the right to file a counterclaim to protect his legal rights and interests.
• Filing a counterclaim allows you not only to get the claim rejected, but also to prove your point of view during the hearing.
• It is necessary to file a counterclaim in a situation where the defendant does not agree with the claim or has his own vision of the procedure for dividing property.

Statute of limitations

The statute of limitations on issues related to the division of property is 3 years, which gives the parties enough time to resolve the conflict pre-trial and prepare documents.

Video about division of property

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Statement of claim for division of property after divorce in 2023 - sample, statute of limitations, is there any

In the Russian Federation, all legal relations between citizens are regulated in accordance with current legislation.

In this case, the division of property after the dissolution of the marriage is one of the tasks of the courts, which is obliged to take into account the interests and capabilities of both spouses after the dissolution of the marriage.

It is also worth adding that the division of property is separately influenced by the presence of minor children in the former family.

Key Aspects

Currently, the percentage of marital dissolution is inexorably growing every year. Most often this happens between young couples who have already managed to acquire some joint property.

Upon divorce, property is divided equally between the former spouses, in accordance with their level of income and the conditions of participation in the acquisition.

The situation is completely different if a married couple has a dependent minor child. If there are children, the court, as a rule, reserves the right to custody of the child to the mother, and the father, in turn, undertakes to allocate a certain percentage of his income monthly for alimony.

At the same time, the division of jointly acquired property is also somewhat different. In this case, the trustee with whom the child remains, by court decision, receives a large share of everything valuable.

Initial Concepts

Before considering in more detail the deadline for filing a claim for division of property after a divorce, you should consider some basic concepts that are closely related to this point:

Divorce	Dissolution of a marriage union by mutual consent of the spouses, or with the participation of a court, and division of jointly acquired property
Marriage	The relationship of spouses registered in accordance with the current legislation and the issuance of a certificate of the marriage procedure

Taking these concepts into account, we can delve in more detail into the procedure for dividing property and the allotted statute of limitations for dividing property after a divorce in the Russian Federation.

Is there a statute of limitations

As with any other type of civil procedural hearing, the division of jointly acquired property through the court after the dissolution of the marriage is accompanied by the filing of a statement of claim.

The period of time established by law is allotted for this:

• the statute of limitations for the division of property of spouses is three years from the date of dissolution of the marriage union;
• the maximum limitation period in the Russian Federation is ten years;
• in the presence of mitigating circumstances, by decision of the court, the limitation period may be renewed.

Spouses have three whole years from the date of receipt of the divorce certificate from the registry office or the issuance of a decision in court, if the divorce procedure took place through the courts.

Legal regulation

The settlement of the issue regarding the preparation of a statement of claim to the court for the division of jointly acquired property is based on the following regulatory legal acts of the Russian Federation:

• Federal Constitutional Law No. 1 of April 28, 1995 “On Arbitration Courts in the Russian Federation”;
• Federal Law No. 143 of November 15, 1997 “On acts of civil status”;