How much does it cost to divide property during a divorce?

Divorce in itself is a difficult stage in life, which is only complicated by the accompanying financial problems.

The main thing in this is to separate your own and someone else’s so that, firstly, mutual claims do not arise subsequently, and, secondly, everything is according to the law. Because you can't argue with him. And with its help, you can divide everything fairly, clearly defining which property is to be distributed between divorcing spouses and which is defined as sole property.

This is what we are talking about in this article. It not only provides legal norms, but also provides comments from lawyers and real estate specialists. It also stipulates some nuances that can lead to exceptions.

Such important processes should be approached with the utmost seriousness and sufficient knowledge. You will find them here.

After the breakup of a family, former spouses, despite all the experiences and emotions, have to resolve practical issues. The main problem is the division of property during divorce.

Rule 1. Don’t confuse yours with someone else’s

In order to disperse more or less peacefully, you need to take what is yours without laying claim to someone else’s. Therefore, we will figure out how to divide property after a divorce, which things and objects belong to both spouses, and what is personal property.

So, the law on divorce and division of property does not exist in the form of a separate legal act. The procedure for dividing property during a divorce, like other relationships between spouses, is regulated by the Family Code. What is shared during a divorce?

is divided , that is, securities, cash, movable and immovable property, etc.

Property acquired outside of marriage, that is, personal property, as well as property acquired through gratuitous transactions, is not divided. Gratuitous transactions include donation, inheritance and privatization.

“All property acquired during marriage, acquired through compensated transactions, can be divided by law, absolutely everything, down to the nail,” explains Anton Paizansky, an expert at the ABC of Housing company. “Even if repairs were made to an apartment purchased before marriage using the spouses’ common funds, consider that there is already a tiny share of the spouse who seems to have had nothing to do with this property.”

Oksana Ivanova, head of the city real estate department at NDV-Real Estate Supermarket, gives examples of situations where property is not divided.

Let’s say that if the wife had a car, which her mother gave her during her marriage, then after the divorce, when the property is divided, the car will remain with the wife. If the husband got married and already owned an apartment, then in the event of a divorce the apartment will remain his property.

If after the wedding one of the spouses inherited real estate, then the divorce process will not affect the division of property received as an inheritance.

Let us add that during a divorce, personal belongings (for example, clothes, shoes, electric razors, hair dryers, etc.), tools and materials for professional activities are not divided. Also, “children’s” property is not divided, including bank accounts opened in the name of children.

Rule 2. Personal sometimes becomes general

The division of jointly acquired property during a divorce does not always fit neatly into the scheme discussed above. Sometimes a thing or piece of real estate can be considered common, although it originally belonged to one person.

“For example, an apartment or house originally belonged to one person. But already during marriage, the house was rebuilt, repaired, a floor was added, etc.

Moreover, all this was done at the expense of the second spouse’s funds received from the sale of it.

Since the value of the property has increased significantly, it can be recognized as common property,” explains Tatyana Saxontseva, managing partner of MIEL-Network of Real Estate Offices.

But it also happens the other way around - property that is formally considered community property will not be divided equally during a divorce if one of the spouses proves that they have invested personal funds in it.

“Suppose a husband and wife jointly purchased an apartment for 6 million rubles. They invested money in it - 5 million rubles, proceeds from the sale of her husband’s personal apartment, which he had before his marriage.

The division of the spouses’ property during a divorce will take place taking this into account: only 1 million rubles are divided (possibly in the form of a share in the apartment), that is, exactly the total amount that was invested in the purchase during the marriage,” says Elena Mishchenko, head of the North Eastern branch of NDV-Real Estate Supermarket.

Rule 3. Both are responsible for the mortgage and debts

Divorce and division of property in our time are often complicated by the fact that the spouses have an outstanding mortgage. What to do? How to divide a loan and an apartment with an encumbrance?

“You need to share the mortgage like brothers,” advises Anton Paizansky. – Spouses are jointly and severally liable for obligations arising during marriage. They can agree on who will get the apartment and who, accordingly, will pay the loan. The main thing is not to miss payments. If payments on the loan stop, the bank may lay hands on the apartment, and there will be nothing left to divide.”

Since marital status is one of the essential conditions of the loan agreement, ex-spouses must inform the bank about their changed marital status, because for the lender there is a risk that payments will not be made as consistently after the divorce.

How to formalize the division of property during a divorce if the housing is mortgaged?

There are several options for getting out of the situation, advise experts at NDV-Real Estate Supermarket:

1. sell the mortgaged apartment, pay off the loan, and divide the remaining money equally between the spouses;
2. one of the spouses can give up their part of the apartment. If the parties have agreed that one will pay the other’s share of the mortgaged housing and transfer the loan debt to themselves, then in this case the spouses need to contact the bank with a corresponding application;
3. the loan payment is divided between the former spouses, and the apartment also remains in common ownership. After repaying the loan, you can sell or exchange the apartment. If differences cannot be resolved through negotiations, the matter is resolved through court.

Rule 4. After a divorce, the apartment should not be turned into a communal apartment.

If the spouses had only one home, then after a divorce some people have to share rooms in the apartment. Sometimes ex-husband and wife even divide personal accounts and allocate shares in kind, that is, they actually turn the apartment into a communal one. Of course, this is not the most successful solution to the problem.

“Often such an apartment turns into a “small branch of hell on earth,” says Anton Paizansky. “There is only one way out - travel.” If you need a loan, take it. They don’t give it, take a smaller object, further away, in a house of a lower class. You can earn money, but you can’t earn health.”

How is real estate divided during a divorce if the spouses have a one-room apartment and it is impossible to divide it in kind?

Such situations often occur in life and in the housing market. Realtors advise selling the apartment and dividing the money. Then, for example, by adding credit funds, everyone will be able to buy a separate home.

Or one spouse can pay the other his share, and the second will manage the funds received independently.

As Taatyana Saxontseva reminds, a fairly common practice is that the owner who owns the majority of the apartment simply acquires a smaller share from the ex-spouse.

“Perhaps someone will agree to buy such a share, for example, for registration with the hope of selling the entire apartment in the future and making money from it,” warns Elena Mishchenko.

Rule 5. A marriage contract or agreement is better than a court

Many people think that a prenuptial agreement can only be signed before the wedding, and do not do this out of superstition or so as not to spoil the relationship with the future husband or wife.

Moreover, the Russian mentality is imposed: “So you don’t trust me?” It is not right. Firstly, a prenuptial agreement can be signed during marriage.

Secondly, with this document you will have less to worry about how to preserve property during a divorce.

“During marriage, spouses can divide property by drawing up an appropriate marriage contract. It can provide for the distribution of property in shares, including unequal shares, for example, one spouse gets 9/10 and the other gets 1/10,” says Elena Mishchenko. “Or even distribute all property into individual ownership, for example, a dacha and a car to one spouse, an apartment to another.”

According to the expert, on the basis of the marriage contract, a corresponding registration entry is made in the Unified State Register of Real Estate. For example, an apartment was purchased during marriage in the name of the husband.

Subsequently, the spouses determined in the marriage contract that the apartment belongs only to the wife. In this case, you must submit an application to Rosreestr, attaching a marriage contract.

The apartment will be re-registered as the personal property of the spouse.

How property is divided after a divorce largely depends on the ability of the spouses to negotiate. Experts advise resolving all issues peacefully and not bringing them to court, because the services of divorce lawyers are quite expensive.

Many people are interested in the question: is it possible to claim property after a divorce? Yes it is possible. An agreement on the division of jointly acquired property is signed, with its help everything can be divided. If it was not possible to reach an agreement peacefully, that is, they did not draw up a settlement agreement, then the spouses will have to resolve the issue through the court, and the consideration of the case will take place at the location of the defendant.

“If there is no prenuptial agreement or agreement on the division of property, during a divorce everything will be divided equally - both liabilities and assets. Spouses have the same responsibility in case of non-payment of a loan - debts during a divorce will also be divided in half,” reminds Tatyana Saxontseva.

Illustrations: Dmitry Maximov

Source: cian.ru

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How much does it cost to divide property during a divorce?

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When a husband and wife are faced with the need to divide joint property, they have a completely reasonable question: how much will this procedure cost? It may seem that the division procedure will be more expensive than the property itself.

This is not entirely true. But it is also impossible to say exactly the amount that spouses will have to spend on the divorce procedure and division of property. It depends on a number of factors:

• Where does the divorce take place - in court or in the registry office;
• How property is divided - voluntarily or simultaneously with the divorce process in court;
• What is the total value of the joint property?

How much does divorce cost?

As you know, divorce can be done in different ways. In some cases, it is enough to submit a joint application to the registry office, in others you have to go to court with a claim. The cost of the divorce procedure also depends on this.

Thus, for a divorce at the registry office, both spouses must pay 650 rubles - for registering the divorce and issuing a supporting document. If the divorce takes place in court, you will have to pay 600 rubles to file a claim. After this, the spouses will have to contact the registry office and pay another 650 rubles - for the same necessary registration actions.

We are not talking about the fact that spouses may require legal services - professional assistance in drawing up documents, representation in court. They are paid separately, and their cost varies within several thousand rubles.

How much will voluntary division of property cost?

Joint property can also be divided in different ways. In addition to the judicial process, voluntary division is possible - by drawing up a written document (Property Division Agreement).

If the husband and wife are able to reach a consensus and agree to create a written agreement, they will not have to go to court and incur legal costs.

The only thing you will have to spend money on is notarization of the document drawn up, if the spouses decide that this is necessary. The notarization fee depends on the value of the property. Drawing up a document with the help of a notary or lawyer will also require some expenses.

How much does it cost to divide property in court?

If there is nothing else left to do but file a lawsuit, spouses need to be prepared for considerable expenses in paying the state fee for the lawsuit. These expenses also depend on the total value of the property to be divided.

The minimum state fee for filing a claim is 400 rubles and 4% if you have to divide property no more than 20 thousand rubles. The maximum amount of state duty is 60 thousand rubles, even if the estimated value of joint property exceeds 1 million rubles.

Payment of the state fee is carried out upon filing each claim. If two claims are considered simultaneously in one claim proceeding, the state fee is paid as for two separate claims. That is, the plaintiff will pay 600 rubles for filing a claim for divorce and the amount calculated using a special formula for filing a claim for the division of joint property.

Without paying the state fee, the claim will not be accepted. However, if there are good reasons, you can apply to the court with a request for an installment plan or deferment of payment. If the plaintiff paid the state fee, but withdrew the claim, the paid amount is not refunded.

Read more about the procedure for calculating and paying the state duty in the article “State duty for the division of property during a divorce in 2023.”

One thing is obvious - it is impossible to say exactly how much the division of joint property costs.

How much does it cost to divide property after divorce?

How much does it cost to divide property after a divorceAverage rating 5 from 1 users

The material costs incurred by spouses when dividing joint property can be significant. Especially if they do not act voluntarily, but carry out the division through the courts.

The Civil Procedure and Tax Code establishes that the mandatory payment is the state duty for filing a statement of claim. In addition, in some cases you have to pay for the services of a lawyer, notary and appraisers. Let's look at how much the procedure costs in more detail.

Cost of voluntary division of property

After divorcing a marriage, spouses retain their rights to common property. If, after a certain period of time after the divorce, they decide to divide joint property, they can carry out this procedure in two ways:

1. By going to court.
2. By drawing up a separation agreement.

The second option is preferable, because will not require significant material costs and its implementation takes much less time than division through the court.

The drawn up agreement requires mandatory certification by a notary. Otherwise, the document will not have legal force.

The cost of notary services depends on the price of jointly acquired property, the rights to which are established in the agreement:

• if the total amount does not reach 1 million rubles, then you will need to pay 0.5% of it;
• at a cost of up to 10 million rubles. you will need to deposit 5 thousand, to which 0.3% of the part exceeding 1 million is added;
• if the property is valued at more than 10 million rubles, then the notary will collect 32 thousand plus 0.15% of the amount in excess of 10 million.

A husband and wife who do not have the skills to draw up such documents can contact a notary with a request to write the text of the agreement. In this case, they will need to pay from 3 to 7 thousand rubles additionally for technical services.

The cost of dividing property through court

Legal costs when dividing spouses' property in 2023 are primarily related to the payment of state fees. Its size varies depending on the value of the property being divided. It is impossible to file a claim without making this payment.

The cost of dividing property during a divorce.

Also, either party may require the services of a lawyer and/or legal representative. More often, the need for them arises when there are large divisible amounts or disputed property.

In addition, before the start of the hearing or during the process, it may be necessary to contact independent appraisers to conduct an examination. They determine how much a particular property is worth. And they draw up a corresponding act. Naturally, you need to pay for their services.

Additional costs when dividing property through the court

When it comes to litigation, you need to be prepared for significant expenses, because... if the parties do not have significant property claims against each other, then they can settle the issue through an agreement.

Independent assessment

To file a claim, the parties need to establish the value of the property. It is not always possible to do this yourself. Especially if a lot of time has passed since the acquisition of the property, which means its value has changed.

In such a situation, the plaintiff turns to an independent appraiser. This specialist must be a member of the SRO and have valid insurance for his activities. It is necessary to take into account that one appraiser will not be able to conduct an examination of different types of property. Therefore, if you need to evaluate real estate, a vehicle, etc., you will have to contact different specialists.

Sometimes the need to contact an appraiser arises during a hearing on the division of property. It can be carried out at the request of one of the parties or at the initiative of the judge.

The average price in the country for a two-room apartment is 5 thousand rubles, and a car is about 3 thousand rubles.

State duty

Calculating the state duty for a divorce in 2023 is not a difficult matter if the cost of the claim has already been determined (this is the total cost of all property that is subject to division).

The rules of procedure are enshrined in Art. 333.19 Tax Code of the Russian Federation. The law provides for a minimum duty of 400 rubles. and a maximum of 60 thousand rubles.

Other calculations are a certain percentage of the price of the property being divided.

Is it possible to return the state fee?

When filing a claim for division, a payment document confirming payment of the state fee must be attached to it. And only after this the court makes a decision to begin the trial, refuse it, or return the claim to the applicant. With the last two options, it turns out that the amount of money is deposited in vain. In such cases, the payer has the right to a refund of the money spent.

Who should pay for the division of property? To do this, you must contact the court office with a corresponding application and attach to it a receipt for payment and a copy of the court decision to return the claim or to refuse to consider the case. The court will provide a response within two weeks.

If it is satisfactory, then the applicant is issued a certificate, which must be presented to the Tax Service at the place of residence along with the application. It requires you to indicate your payment details. And within a month, Federal Tax Service employees will transfer the entire amount of money to the submitted account.

If the plaintiff withdraws the lawsuit of his own free will, then the fee is not refundable.

The same rule applies to situations where the parties, during court hearings, came to a decision to draw up a settlement agreement on division.

On our website you can familiarize yourself with a sample text of the settlement agreement and download it if necessary.

Which spouse pays for the division of property?

When dividing marital property, the plaintiff must pay the filing fee. After a judgment is made, it can be divided depending on the size of the awarded shares in the property. For example, if the plaintiff receives 3/5, then the defendant will be charged 3/5 of the state duty in his favor.

If at a court hearing the defendant submits a request for an independent assessment examination, then he himself pays for the services of the expert.

This amount of money can also be distributed among the parties to the lawsuit depending on the shares awarded.

Each party pays for the services of lawyers and court representatives independently.

Cost of property division after divorce

Cases involving division of property are subject to the standard statute of limitations for civil proceedings – 3 years. In reality, this means that property can be divided many years after the divorce, because The countdown does not start from divorce.

It does not matter after what period of time it became necessary for one of the spouses to apply to a judicial authority with a claim for division. He will have to pay the standard government fee. And in most cases, the services of an expert will be required, because... After a long period of time, determining the value of the property yourself can be problematic.

The distance in time from the divorce does not affect the amount of the state duty and the cost of the appraiser’s services.

How much does a lawyer cost for divorce and division of property?

Depending on the region of residence, the standard of living of Russians and the price of the consumer basket vary. This rule also applies to legal services.

Let's consider how much a lawyer for the division of property will cost in 2023 in a number of Russian cities:

Locality	Price range
Moscow	The cost of an oral consultation starts from 2 thousand rubles. The standard cost of conducting a simple division case in court is 30 thousand rubles.
Saint Petersburg	There is a significant price variation depending on the territorial location of the court and the complexity of the case. A simple oral consultation will cost 1 thousand 500 rubles. Conducting a case in court - at least 35 thousand rubles.
Ryazan	An oral consultation will cost 1 thousand rubles. For representation in court you need to pay a minimum of 5 thousand rubles.
Vladivostok	A consultation with a lawyer in the office is estimated at a minimum of 1 thousand rubles. Participation in court proceedings – from 20 thousand rubles.
Novosibirsk	An oral consultation costs at least 500 rubles. Conducting a case of division in court - at least 15 thousand rubles.
Kazan	For an oral consultation you will have to pay a minimum of 500 rubles. The division of common property in court will cost at least 15 thousand rubles.

Prices should always be confirmed directly with the law office. The services provided may be limited to drawing up a statement of claim, assistance in preparing the necessary documentation, written consultation, etc. Their costs vary.

If the division of property is not without serious controversial issues, the services of a lawyer are necessary. If representation in court is unjustified due to the incommensurability of monetary costs and acquisitions, then it is advisable to obtain at least oral advice from a specialist.

Division of property of spouses, Kyiv - services of a lawyer, lawyer | Price

In the event of a divorce, many couples, if a prenuptial agreement has not been concluded, are faced with the division of property. A competent and experienced specialist can help you in this difficult matter.

In Ukraine, currently about 50% of marriages break up every year.

The list of things that spouses share most often includes:

• division of an apartment or house - all issues regarding joint property are regulated by law, but it has its own subtleties, which our qualified employee knows;
• jewelry, funds in bank accounts - it would seem a simple matter, but their division is also carried out within the framework of current legislation;
• equipment, cars;
• Earth;
• and so on.

One should take into account the fact that part of the property may be recognized as personal, in which case it is decided by the court, which takes this into account, and the spouses do not share such things.

According to Ukrainian legislation, there is one type of marriage - official, but in life there is also a so-called civil marriage. The division of property in Ukraine is somewhat different in each case.

Division of property in a civil marriage

According to the laws, such a marriage, from the point of view of the legal status of property, is fully equivalent to an official one in the case of spouses living together. You have the same rights in a divorce. Each party can claim half of the things acquired during such a marriage. There are several conditions that determine the division of joint property in this case:

• Mandatory proof in court of the fact of a civil marriage.
• A marriage is not considered valid if one of the spouses is legally married to another person.

In general, the situation in a civil marriage is very similar to the situation in an official marriage, with minor differences in the processes.

What exactly is divided in a divorce proceeding?

The laws of Ukraine quite clearly regulate this issue. According to the law, as a general rule, all jointly acquired property purchased with common money, regardless of whether both spouses worked, is divided in half.

What is not subject to division in a divorce?

There is a certain list of what is not divided when dividing property in Ukraine:

• things acquired before marriage;
• present;
• inheritance;
• property purchased with personal money;
• individual items;
• privatized objects;
• insurance;
• things and objects purchased during travel and residence separately.

In order to avoid problems in court with proving your ownership of common property, it is important to keep documents and also keep in mind people who can additionally confirm such ownership. In addition, it is necessary to enlist the professional support of a lawyer.

How can a lawyer from our law firm help you?

If this issue arises, our specialist in Kyiv can help you with:

• drawing up an application;
• consultations;
• submit documents to court;
• analyze procedural and other documents in the case;
• help collect evidence confirming your ownership;
• carry out work with witnesses;
• etc.

The legal process, which is accompanied by a lawyer for the division of property from Alva Privacy, is the best option for resolving such disputes. In this case, there will be no excessive heat of passion between the former spouses, and all issues will be resolved in accordance with the law.

How much does property division cost?

Cost (price) of services for division of property during divorce

You don't have to pay a lot of money to share your joint property. The services of our lawyers are affordable and this is with high quality work.

You just need to call us or personally come to the office for a consultation and we will calculate the prices for this service, its details, give you a list of the documentation necessary for preparation, and also help you collect the necessary documents.

Even such an unpleasant process is subject to rules with which our specialists are well familiar, and it will go through more easily and calmly with Alva Privacy. We value our clients, offer them reasonable prices and do everything so that you trust us.

Service namePrice

Oral consultation	500.00 UAH. (when ordering other services - free of charge)
Preparation of a statement of claim for division of property	from 2000.00 UAH.
Drawing up and submitting an application, petition or response (with all attachments) to the court	from 1000.00 UAH.
Travel to court to participate in a trial	from 1800.00 UAH. / 1 ship day
Traveling to court for other purposes	from 800.00 UAH. / 1 trip
Hourly wage (rate)	1200.00 UAH. / 1 hour of work
Full conduct of the case in the court of first instance	from 5000.00 UAH. (for the entire range of services)

Sincerely, Law Firm "ALVA PRIVATES" (Kyiv)

How long after divorce can property be divided?

No matter how long the rope twists, it will end. Unfortunately or joyfully, what once began with great love ends. And so, the once dearest people stand on opposite sides of the barricades and share what they once gained together. How much time do ex-spouses have before it’s too late to divide?

In family relationships and when they end, it is worth separating some parties that are independent of each other. Thus, being in a marriage, or its dissolution, the division of jointly acquired property and the collection of alimony for the maintenance of children are completely independent things.

You can collect child support and spousal support at any time, regardless of whether you are currently married or not.

The only limitation is the age of the child for whose maintenance alimony is collected: until he reaches adulthood or graduates from a higher educational institution while studying full-time.

The division of property, as stated in Article 69 of the Family Code, can be made regardless of the divorce. Being married, of course, no one shares anything, so we will focus on a divorced marriage. Is there a time limit during which property can be divided?

It often happens that separated spouses live separately, while one of them continues to live in the apartment purchased during the marriage and use the furniture purchased during the marriage. However, with the passage of time, the life situation may change and the question of division arises.

According to Article 60 of the Family Code, all property acquired during marriage belongs to the husband and wife under the right of common joint ownership, or, simply put, common property. Personal, that is, not subject to division, as stated in Article 57, is property acquired before marriage, received as a gift or inheritance, and acquired with personal money.

Having determined what can be divided, we will establish a statute of limitations for these claims. There is an opinion that the division of property of spouses is subject to a limitation period of three years, which is calculated from the moment of divorce. Is it so?

According to Article 68, the dissolution of a marriage does not terminate the right of common joint ownership of property acquired during marriage.

Article 72 establishes that if the marriage is not dissolved, then the statute of limitations does not apply to claims for division of property.

The limitation period is calculated from the day when one of the co-owners learned, or could have learned, about the violation of his property rights.

That is, if the spouses have separated and one of them lives in an apartment, drives a car, uses furniture, household appliances, etc.

acquired during the marriage, then, as stated in Article 65, he/she is deemed to dispose of such property by mutual consent. And in the absence of objections from the other spouse.

And only in the case of, say, alienation of something, the other spouse may regard this as a violation of his rights, and it is from this moment that the three-year limitation period will begin to count.

Often, divorced spouses continue to live without dividing property due to the absence of a dispute. However, many years later, if it is necessary to perform some action with real estate, the spouse who uses it will be forced to obtain the consent of the other, who may not be easy to find by then.

To summarize, I would like to give a recommendation to keep things in order, and even if there is no dispute over property during the divorce, do not delay and immediately divide it.

This can be either an agreement on the division of property, certified by a notary, or a court decision. In this case, the trial will also not be long, due to the consent of the parties.

Therefore, it is worth weighing the costs of paying legal fees and notary fees and making a decision.

Author of the consultation: Law firm “Kireev and Partners”.

ADDITIONALLY: (Web resource “Protocol”): Article 72 of the Family Code of Ukraine provides for:

2. A three-year statute of limitations applies to a claim for division of property filed after divorce.

The limitation period is calculated from the day when one of the co-owners learned or could find out about the violation of his property rights. A comment:

1. Spouses have the right to divide property that belongs to them under the right of common joint ownership. At the same time, the division of the common property of the spouses can be made during the existence of the marriage, in the process of its dissolution, as well as after the dissolution of the marriage (Part 1 of Article 69 of the Family Code of Ukraine).

The limitation period is the period during which a person (spouses or one of them) has the right to file a claim in court for the protection of their legal rights and interests protected by law, in particular, for the division of property owned by spouses under the right of common joint ownership. In this case, the specified period may be limited to a certain date, or may not be limited to any period at all.

The commented article contains a provision regarding the procedure for applying the limitation period to claims for the division of property that is the object of the right of common joint property of spouses.

General provisions on the application of the limitation period to claims arising from family legal relations are enshrined in Art. 20 of the IC of Ukraine, according to which the limitation period as a general rule does not apply to these requirements. Exceptions are the situations provided for in Part 2 of Art. 72, part 2 art. 129, part 3 art. 138, part 3 art.

139 of the IC of Ukraine, which is explained by the nature of personal non-property rights, which are subject to protection regardless of the time that has passed, as well as by the fact that marriage and family legal relations are ongoing, i.e.

In particular, the limitation period does not apply to claims for declaring a marriage invalid, its termination, claims for recognition of paternity by a court decision, the removal of young children by parents from other persons and other disputes related to children, as well as for the collection of alimony for the future, cancellation adoption, invalidation, etc.

In this regard, the legislator in Part.

1 of the commented article established the rule according to which the statute of limitations does not apply to claims for the division of property that are the object of the right of common joint property of spouses, if the marriage between them is not dissolved, since the presence of the continuing nature of matrimonial and family legal relations makes it impossible for the statute of limitations to begin to run. The application of the limitation period is possible only after divorce, the period of which is determined by part 2 of the commented article.

2. In accordance with the Civil Code of Ukraine, the limitation period for filing a claim for the protection of property rights (in particular, the right of ownership of common property) begins from the moment when the owner (one of the spouses) learned or could learn about the violation of his property rights.

Part 2 of the commented article establishes a limitation period for divorced spouses; in particular, a limitation period of three years applies to a claim for division of property declared after the dissolution of a marriage. This means that only before the expiration of this period a person has the right to go to court with claims for the division of the common property of the former spouses, i.e.

as a general rule, after the expiration of the limitation period (three years), the former spouses (or one of them) lose this right, with the exception being if the limitation period was missed by the plaintiff due to circumstances beyond his control, etc.

If there are good reasons, the court, in accordance with the requirements of the Civil Procedure Code, may restore the statute of limitations for further resolution of the case on the merits.

Considering that the deadlines according to Art. 12 IC are calculated in accordance with the Civil Code of Ukraine; to determine the issues of beginning, expiration, restoration, suspension of the limitation period, etc., it is necessary to apply the provisions of Chapter 19 of the Civil Code of Ukraine.

How much does property division cost?

Legal encyclopedia "MIP" » Division of property » How much does it cost?

Content

In most cases, the need to divide property arises when spouses divorce, when each of them is entitled to a certain share.

The procedure is regulated by the norms of family and civil legislation of the Russian Federation, in particular by Chapter 7 of the RF IC and Chapter 16 of the Civil Code of the Russian Federation.

In the event that the spouses previously entered into a marriage contract, the procedure can also be carried out on the basis of its current provisions.

The division of property includes the following actions:

1. Creation of an inventory of the property mass. In this case, the rules regarding which property is subject to division and which is indivisible are taken into account.
2. Carrying out the division in accordance with the marriage contract, if one existed.

3. If there was no marriage contract, each spouse is entitled to exactly half of the entire property estate, in accordance with Art. 38 RF IC.

4. Drawing up a statement of claim and applying to the court of the interested party - in the event that two persons were unable to reach a mutual decision regarding the division.

What does the cost of the section consist of?

If the division takes place at the registry office, its main cost will be the state fee - 650 rubles for carrying out all the necessary registration actions.

There will be a separate item for an additional fee for document certification. The exact price of this service depends on the value of the property itself, which is subject to division.

It should also be taken into account that there may be a need for additional legal advice, for example, on how best to divide property, especially if we are talking about real estate.

The cost of legal services varies within several thousand rubles, depending on the experience of the lawyer, his reputation and other factors.

How much will it cost to divide property in court?

Going to court when dividing property is often the only way to resolve a dispute between two persons. Undoubtedly, the size of financial costs in this case will increase significantly.

The main expenses will consist of:

• State duty. Its minimum size is 400 rubles, the maximum is 60 thousand rubles. The exact amount will depend on the value of the property being divided. It should also be taken into account that a separate fee is paid for each application. That is, if a spouse files a claim for divorce and parallel division of jointly acquired property, he will have to pay a fixed fee of 400 rubles, plus the fee calculated for the claim for division. If the plaintiff currently does not have the financial means to pay the state fee, he can file a corresponding request for a deferred payment.
• Other costs that may be spent on additional services. During the trial, the plaintiff may need an independent expert or other person. In this case, payment for additional services will be the responsibility of the citizen interested in receiving these services.

It is impossible to name the exact cost of division of property in court. The main role here will be played by the price of the material assets themselves. The higher it is, the greater the costs that interested parties will have to bear.

Division of property: simple about complex matters - lawyer Tatyana Bychek

The division of property between spouses is a complex process, and not only psychologically. It often happens that spouses cannot agree on the division of property acquired jointly during marriage, and therefore go to court. The article will discuss the actions that need to be taken to divide property in court.

Other ways of dividing property

Before moving on to the main topic, it is worth mentioning that there are other ways of dividing property.

These methods include:

• Marriage contract,
• Agreement on the division of jointly acquired property.

Such agreements make it possible to divide property between spouses out of court, saving time and money. However, this division is possible only if the spouses have agreed on a voluntary division of property .

Division of property in court

Division of property in court is a rather complex and expensive process, because Before going to court, it is necessary to evaluate the property and pay a state fee in the amount of 5% of the claim price, i.e. the value of the property for the division of which claims are made, as well as draw up a statement of claim and attach the necessary documents and (or) materials to it.

The general rule when dividing jointly acquired property is that property acquired by spouses during marriage, regardless of which spouse it was acquired for or which spouse contributed funds, is their common joint property.

Spouses have equal rights to own, use and dispose of jointly acquired property. Spouses enjoy equal rights to jointly acquired property even if during the marriage one of them was engaged in housekeeping, caring for children, or for other valid reasons did not have independent earnings or income.

IMPORTANT! If one of the spouses owned property before marriage, or during the marriage the property was given to one of the spouses or was inherited by them, then such property is not included in the division. Such property is not jointly acquired.

Personal belongings of children and their personal belongings are not taken into account when dividing property and are transferred to the parent who will remain living with the child.

If, during the division of property, one of the spouses is given an item whose value exceeds the share due to the other spouse, then the first spouse must pay compensation.

IMPORTANT!! When dividing property, not only property is taken into account, but also the common debts of the spouses and the rights to claim obligations arising in the interests of the family.

THE LIMITATION PERIOD for the division of jointly acquired property is THREE YEARS.

What to do if there is a prenuptial agreement?

If the marriage contract determines the legal status of all property, then the conditions stipulated in it apply. When rendering a judgment, the court will carry out the division in accordance with the provisions of this agreement.

• In the absence of a marriage contract, when dividing jointly acquired property, the provisions of the Code of the Republic of Belarus on Marriage and Family and the Civil Code of the Republic of Belarus governing the procedure for dividing jointly acquired property will be applied.
• If the marriage contract determines the fate of part of the property, then the provisions of the marriage contract will be applied to the property, the legal status of which is determined in the marriage contract, and the general norms of legislation will be applied to the remaining property during division.
• Thus, if there are documents confirming the acquisition of disputed property during marriage, there are no restrictions on the division of property, and it is not possible to agree with the ex-spouse on voluntary division, then it is worth filing an appropriate claim in court.

If the provisions of the law are not clear and you need legal advice, drawing up a statement of claim, or representing your interests in court, you can contact me in a way convenient for you at +375293203145 or using messenger or email [email protected] .

THE MATERIAL IS PREPARED AS OF 01/22/2022.

1. OTHER MATERIALS:
2. You can read articles from a lawyer on the lawyer’s website; the lawyer’s practice is located in the “Practice” section.
3. You can read about divorce at this link.
4. You can read about paying alimony voluntarily and compulsorily here.

5. The “Practice” section also contains a description of a dispute about the division of jointly acquired property and a dispute about divorce in court, in which a lawyer participated.

Full text of the Code of the Republic of Belarus on Marriage and Family, Civil Code of the Republic of Belarus.

and other regulatory legal acts are contained on the National Legal Internet Portalpravo.by.

Division of property by a notary

The purpose of concluding an agreement on the division of jointly acquired property is the redistribution of property rights. Notarization of such an agreement is possible only if there is a voluntary will of the parties and there are no disagreements between them regarding the transfer of rights to property.

The subject of the agreement will be property relations , namely the termination of joint ownership and the transfer of part or all shares into the personal property of one of the spouses. At the same time, concluding an agreement with a notary provides for the possibility of alienating unequal shares to spouses, or transferring some property entirely to one spouse.

Notarization saves time and money of spouses when dividing joint property, and also minimizes negativity in this matter, since it is carried out by agreement between the spouses.

Concluding an agreement on the division of property with a notary

Occurs only in accordance with the current Civil and Family Codes. The notary has the right to demand documents on property , an auditor's opinion on the valuation of expensive or difficult-to-determine property (for example, a share in a business). Sometimes a serial number, release date, or hallmark may be required to identify a specific item.

The procedure for concluding an agreement with a notary provides for the presence of only spouses . The presence of representatives must be justified by the presence of a power of attorney.

Notarization requires the agreement to indicate not only the passport details of the spouses and information about the divisible property, but also the place and date of conclusion of the agreement. The agreement can be concluded during the marriage relationship and three years after the divorce. The notary will certify 3 copies, one of which the notary will keep for himself.

Documents for registering the division of property with a notary

To draw up an agreement on the division of property you will need :

• Passports of spouses (former spouses).
• Documents confirming property rights, as well as purchase and sale agreements in relation to real estate.
• Documents confirming marriage (certificate of marriage or divorce).
• The contract itself. If there is a draft agreement, then providing it electronically to a notary for editing will save time on its preparation.

Amendments to the agreement or its termination occur only through a notarial procedure.

How much does it cost to divide property with a notary?

The fundamentals of the legislation of the Russian Federation on notaries dated February 11, 1993 No. 4462-1 completely regulate the activities of notaries. The law provides for only two notarial actions :

• Certificate.
• Witnessing.

Tariffs for performing notarial acts are specified in Art. 22.1 “Fundamentals of the legislation of the Russian Federation on notaries” and Art. 333.24 of the Tax Code of the Russian Federation (since a notary cannot charge more than the established state duty for similar actions performed by officials of executive authorities and local self-government).

The tariff amount and interest rate vary depending on the value of the property specified in the agreement. So:

• If the contract value is up to 1 million rubles inclusive, it will be 0.5% of the contract amount, but not less than 300 rubles.
• From 1,000,001 rub. up to 10 million rubles inclusive will be 5000 rubles. plus 0.3% of the amount over 1 million rubles.
• At a cost of over 10 million rubles. will cost 32,000 rubles. + 0.15% of the amount over 10 million.
• The cost of legal and technical services will be about 4,000 rubles.

In addition to notarial actions, there are services of a “legal and technical nature” and their prices are not regulated in any way. Many notaries include in the cost of the service not only the tariff, but also the cost of technical services. Thus, the price is determined by: the tariff + the cost assigned by the notary for legal and technical services.

Division of real estate of spouses at a notary

If spouses share real estate, then in addition to the main package of documents, the notary will need to submit documents for this property : a certificate of title, a purchase and sale agreement.

To avoid forgery and deception, the notary shall indicate in the agreement data that facilitates the identification of this property:

• For a land plot, you must indicate the cadastral passport number, dimensions, boundaries and location coordinates.
• Residential/non-residential premises require the indication of the actual address, the number of the registration certificate in the Unified State Register, cadastral and technical passports.

After the agreement has been certified by a notary, you must submit it to the Unified State Register, since transactions of this kind are mandatory for state registration. Accordingly, this increases the number of copies of the contract.

A notary may refuse to certify an agreement on the division of joint property.

Example

A married couple turned to a notary to draw up and certify an agreement on the division of jointly acquired real estate. According to their requirements, real estate consisting of: apartments worth 2 million, a plot of land and a building on it, with a total cost of 800,000 rubles. goes to the spouse upon divorce.

The couple themselves and their minor son live in the apartment.

  Based on the violation of equality of shares in joint property and the presence of a minor child, the notary refused to certify the agreement and advised, in the event of a divorce and there are no disagreements regarding the division of real estate, to conclude a peace agreement in court.  

In this case, the court will consider all the circumstances and financial situation of both spouses, as well as the minor child, and make a decision that, if all the requirements of the law are met in the trial, cannot be challenged.

Is the division of property not certified by a notary valid?

The law does not require mandatory notarization, but do not forget that the document can be challenged in court .

Art. 161 of the Civil Code of the Russian Federation states that an agreement on the division of property requires written form if the value of the property is over 10,000 rubles. Accordingly, if the spouses do not want to contact a notary, then when drawing up you need to follow the rules for simple written transactions :

• The passport details of both parties are indicated.
• The status of the parties is indicated (current marriage or dissolved).
• The purpose of concluding the contract is stated.
• Details and other data of the divisible property that facilitate its identification are indicated.
• The real market value of the property is indicated, which is current for similar goods in the given region at the time of conclusion of the agreement.
• There is a date and place where the contract is concluded.
• The conditions for unilateral termination of the contract are specified.
• The signatures of both parties on each page of the agreement are the firmware of all pages.

Notarization makes it easier for the defendant to prove that the agreement was drawn up in compliance with the requirements of the law, that it was signed without coercion, voluntarily and with full knowledge of what was happening.

Although contacting a notary is of a recommendatory nature , it becomes necessary to ensure that the document is drawn up without legal errors. During court proceedings, a notarized document will undoubtedly have greater legal force.

An agreement on the shared division of real estate must be certified by a notary.

Questions from our readers and answers from a consultant

Chapter 2 9 of the Civil Code of the Russian Federation provides for cases of declaring a transaction invalid:

• The agreement is in an inappropriate form (Article 168 of the Civil Code of the Russian Federation).
• The purpose of concluding an agreement is contrary to morality and law and order (Article 169 of the Civil Code of the Russian Federation).
• The transaction was concluded without the intention of ensuring legal consequences for it or an imaginary transaction (Article 170 of the Civil Code of the Russian Federation).
• The agreement was signed by a person declared incompetent (Article 171 of the Civil Code of the Russian Federation).
• If the agreement is made with infringement of the rights of third parties (children, creditors).
• Use of violence, misrepresentation, threats when signing an agreement.

It is worth remembering that the notary who certified the document will be invited to the court. It will be necessary not only to describe the grounds for the challenge, but also to prove them.

Does the notary take into account the interests of children when drawing up an agreement on the division of property?

By law, children do not participate in the joint property of their parents. The notary will certify the will of the spouses regarding their property. Spouses determine their shares independently.

However, if the division is carried out in court, the court may increase the share of the spouse with whom the minor children remain, taking into account the financial situation of both spouses.