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Divorce through the court with the division of property: judicial practice. Division of property - professional help Filing a lawsuit on the division of property

Alas, the statistics are relentless. There are two divorces per marriage. Perhaps morals have become simpler, perhaps the pace of life has accelerated, which makes it more and more difficult to discern “your” person. Many treat the official termination of relations as a normal phenomenon. What is not normal is to be left without a penny in your pocket after marriage. Even married women, just getting ready to enter the status of a wife, want to know in advance how to protect themselves in a divorce? How to get the due compensation?

Of course, everyone's situation is different. You may have learned that the . Perhaps the feelings just faded away. You may not have followed. It is much more important that in a critical situation you know what needs to be done first, react quickly and in no case stand aside while the former missus is trying to file a fat piece from the jointly acquired property.

General rules

To begin with, lawyers advise you to immediately outline all the things and property that your family has with theses. Follow a simple reminder of what not to share:

• property that the spouse inherited (and did not re-register for you);
• property that the spouse received free of charge as a gift or privatized;
• premarital property.

But all property, real estate, things, and so on, which were acquired, when were you married, equally you deserve too and your ex-husband. However, of course, if everything were so simple, then the news would not be shaken every now and then by high-profile divorce proceedings, and there would be no lawyers for them, as a species.

Property purchased with funds before marriage

Let's imagine a hypothetical situation. You lived in Moscow, moved to the groom in St. Petersburg. You had nowhere to live or not enough for a new apartment. You sold your one-room apartment in the capital and bought a two-room apartment in a new city. Formally, real estate was purchased with funds that were already common in marriage. In fact, it's just absurd. But, as life practice has shown, enough husbands and wives try to qualify for such an apartment during a divorce.

What to do in a situation: even if you are neatly blown away by love, even if you firmly believe that you have a union once and for all, do not lose the documents that confirm that the apartment was bought with premarital funds. Alas, unions are collapsing everywhere, which is proved by the example of the USSR. It is advisable to keep the papers in a place that your spouse does not know about.

Clearly understand that his threats in such a situation are zilch. The system is not that stupid. She does not mean thoughtlessly all the purchases made since the registration of the marriage, but those funds that can be considered common. If you bought real estate with your hard-earned money, and you can prove it, the court will not deprive you.

But what if the investments are unequal?

Let's expand the situation with real estate. Suppose you invested 10 million to buy a new apartment in St. Petersburg, and your husband invested 5 million. It seems that the money was contributed by both spouses. This means that after the decision of the court, exactly half goes to the former, which, of course, is unfair.

What to do in a situation: similar advice - have evidence about financial condition and investments. If you are with such papers, the court will divide the house in proportion to who deserves how much.

The question of employment

The situation will be very difficult if you do not work or work, but get less spouse, but at the same time you have children. On the one hand, the husband can really formulate in court for himself most of the property, they say, he did not spare his health all these years and earned. On the other hand, isn't raising children around the clock hard work?

What to do in a situation: now there will be unpleasant and even, perhaps, strange advice for our latitudes - enter into a marriage contract. This is the only way to get your part of the funds at 100%. Yes, the practice of this kind is still perceived in Russia and the CIS countries with hostility, but its popularity is growing. And if you initially think that one spouse works, and the second one brings up, then it is better to divide the property on paper, seeing for one thing how much your half assesses the situation.

Husband registered the house for his brother/friend

Unpleasant situation. After all, quite often greedy men, trying to leave their ex-wives with nothing, even before the divorce get involved in unpleasant stories. For example, they rewrite an apartment and a car for a brother. A woman in this situation may not know anything at all. And then it turns out that the relative's business was going through bad times, the property went under the hammer at the expense of creditors. The family was left without housing and means of transportation. As they say, he did not take it himself, and did not give it to others.

What to do in a situation: Avoid intermediaries. Make sure that the spouse did not contact them. After all, many go for this, not knowing what is described in the first paragraphs - having documents for premarital property, nothing threatens you.

Inheritance Circumvention

In most cases, if your husband inherited an apartment from his grandmother, you are not even allowed a meter out of it. But in reality, quite often you equip this nest, work in two positions to provide false ceilings, and panoramic windows, and a fireplace in the middle of the room. During a divorce, the husband does not agree to give part of the funds, they say, an inheritance, you can’t trample against the law.

What to do in a situation: how else do you go. There is a phrase like " significant improvements". Thanks to them, the market of your own apartment can skyrocket. If you prove the fact of your investment in repairs, the court will give you a certain part of the housing. Save your evidence. For example, checks for building materials that you paid with your card.

How to sell a share?

For example, you and your spouse lived in a one-room apartment. Then a divorce happened. The property was divided into two equal shares. But you still have to live with this person under the same roof. Reasons - by selling his share, your ex will not be able to buy a new apartment. He also does not have the funds to buy your share. The situation is stalemate.

What to do: Discuss options before the divorce. Sign all the same marriage contract. It is worth noting that one piece of paper can ease any divorce and save you the headache of sharing. The contract can indicate that the apartment goes to one of the spouses, but the second receives equivalent compensation for it. In the end, the only option left is to take out a loan.

Sale of shared real estate or other property

Let's say you thought that you were the smartest of all, and sold the common car in secret from your husband when it came to divorce. It's understandable, but stupid. Ex-husband in court has the right to protest, and it is likely that he will be compensated from the sale.

What to do in a situation: selling any property on your own, being married, you need to get written permission second half. No matter how he makes fun of you and does not take offense, this decision can save you during a divorce. Otherwise, any transaction can be appealed.

If we talk about real estate, everything is quite simple. In principle, any acts of sale and purchase are accompanied by notarized consent of the spouse a. Everything is thinner with cars. Essentially, the traffic authorities don't care if the husband or wife knows about the deal. It’s unpleasant if a similar situation happens to you, and you find out that the man behind your back is trying to “sell” a new SUV, which is very, very noticeable.

Before the transaction, you need to submit an official document to the person who is going to buy a car that did not give consent to the transaction. Believe me, very few people will want to get involved in further litigation and wait for a court decision. Therefore, the buyer will cancel the transaction.

After the transaction, file a lawsuit in court about the division of jointly acquired property. Be sure to include the car in the list. During the checks by the judiciary, a deal will pop up. As a result, the former must or compensate you with other property, or pay your share.

Credits are also divided

Suppose you live with your husband, live. And then you decide to buy washing machine. Or take a vacation to the sea. Or something like that. There is not much money, you decide to take a loan. For some reason, you make it on yourself. As a result, after the divorce, the spouse will probably be out of work, and you will be out of work for a long time. pay interest on your own.

What to do in a situation: common obligations must also be shared. But in court it is important to prove that the loan was issued for the general needs of the family, and that the second person knew about the debt at all. This is hard to do in practice. A lawyer will help, as well as a timely discussion with the bank of the situation. Involve him as a third person in the meeting. The institution must understand that you are probably less likely to receive payments from one of you than from two people. Be sure to list your husband as a guarantor.

Mortgage and its problems

How many families have not broken up ... what do you think? Feelings? Children? No, the all-powerful mortgage. When a wife estimates that she still has to pay for housing for 10 years, her husband’s shortcomings immediately seem not so critical. It is fundamentally the wrong approach to tolerate a person who disgusts you.

Every time lawyers say that you need to study the documents before signing. This is especially true for such large-scale transactions. Therefore, delve into the theoretical part. Mortgage issued today according to one of 2 schemes. In the first case, the husband and wife are co-borrowers. In the second - one borrower, and the second acts as a guarantor. If you are co-borrowers, even after the divorce, your husband will have to regularly contribute his share. If you are a borrower, and your spouse is a guarantor, formally, you have to pay.

What to do in a situation: renegotiate the loan agreement while still married or during a divorce. Provide proof of the person's solvency to the bank. Your husband may not be happy with such a turn, but you can challenge the contract in court, like any property obligations. With the decision of the court, re-apply to the bank. By the way, you can discuss the option with employees home sales and debt repayment. Now, with divorces, banks often go for such deals.

A little more about the need to conclude a marriage contract

The mentality of our person is such that if love - then to the grave, if marriage - then to gray hair. Hence, a lot of problems and ugly situations in the end. In the West, the marriage contract has become an integral part of living together. Perhaps there is a cold calculation in this, but the divorce procedure does not become all the circles of hell. If your spouse loves you, then he will react to such a request normally, because he is not going to divorce anyway. In general, we will talk about all the intricacies of compiling such a document in future articles.

As a conclusion, we can say that it is better to agree on the division of property before a divorce. Do not be lazy to save any evidence in your favor, be it checks or certificates. If you are going to sell something, get your spouse's approval (in writing). If your husband does similar actions without your consent, challenge the deal. Don't be afraid to argue about loans and mortgages, either. And then you will leave the marriage painlessly and in your favor. Moreover, you will probably maintain a normal relationship with the former, and will consider

When an officially registered marriage is dissolved, the question arises about. This issue can be resolved as amicably, if the spouses do not have claims about what and to whom will remain in possession after the divorce.

But in the event that there is no such consent and the spouses are not determined to meet each other halfway, they will have to divorce and divide property in court.

In such cases, based on judicial practice, it can be stated that the trial does not promise to be easy and formal. Even worse, if the issue of division of property is raised after the spouses are divorced. Why this option is worse, we will consider in more detail. Usually, the court regarding the division of property after the dissolution of the marriage is applied in cases where the spouses have disagreements only after the divorce. While the marriage was valid, no disagreements arose, the spouses had no claims against each other, but after the divorce, one of them or both had them.

In cases where, before the dissolution of the marriage, the husband and wife have full agreement regarding the division of property, it is recommended that they sign a marriage contract before divorcing. It is erroneously believed that a marriage contract is drawn up before the relationship is officially registered, but this is not so.

A marriage contract can be drawn up throughout the entire period of validity of the marriage. But if it is terminated, then the marriage contract drawn up after that will be recognized by the courts as invalid, that is, one that has no legal force and does not entail any consequences. A document drawn up and signed by both spouses greatly simplifies the division of property through the court and making a decision regarding the division of everything that the husband and wife used before they divorced.

Why does a claim for the division of property of spouses need to be filed along with a divorce application?

Practicing lawyers are unanimous in their opinion that the application for the division of property must be submitted simultaneously with the application for divorce. These issues are much better dealt with at the same time in that order, without delay. In addition, along with the dissolution of the marriage, it is necessary to resolve such issues as the place of residence of the children, with whom they will stay, and the appointment of alimony. The simultaneous solution of these issues in one court session greatly simplifies the solution of each of them separately.

By resolving all these issues at one court session, when there is one procedure for divorce and division of property in court, both spouses greatly save on legal costs. Considering the issues separately, you will have to pay a significantly higher amount of the court fee, and each of the issues will be considered in a full-fledged court session, which may take time. Moreover, if the spouses resort to the services of lawyers, then a lawyer for one meeting is objectively cheaper than for several.

The third reason is advisory in nature. Having dotted all i at once, each of the spouses insures himself against unexpected attacks from his former second half. Put "commas" can become a pretext for manipulation and other not the most friendly actions of one of the parties. Another nuance that is of great importance in a number of cases: until the marriage is dissolved, the spouse with whom joint children live can file a lawsuit in court for the division of property at their place of residence. After the dissolution of the marriage, such a claim is filed at the place of residence of the defendant. And this may be another city, which will require additional travel and accommodation costs for both the applicant and his representative in court.

If the issue of division of property is considered together with a claim for divorce and a minor child lives with the applicant or the applicant has serious health problems that make it difficult for him to move, then the claim may be filed at the place of residence of the applicant. Another question may arise as to which court to apply to. If the property to be divided costs no more than 100 thousand rubles, then such a dispute will be considered by a justice of the peace. And if the value of the property is higher than this amount, then statement of claim must be filed with the district court.

Who and when can sue for the division of property?

Either spouse can file a property division claim. At the same time, it is not at all necessary that this spouse was the initiator of the divorce proceedings. Within the framework of one court session, both parties can petition for something. But in addition to a divorcing husband and wife, a creditor of one of the spouses can file a claim for the division of property. The creditor defends his interests in this way in order to be able to collect on the allocated property in the future.

The claim can be filed both during marriage, before filing for divorce, and after filing this application, during the divorce proceedings. If neither before nor during this process the division of property was carried out, then this can be done after the spouses have terminated their relationship. But this can be done only over the next three years, after it became known about the violation of the property rights of one of the spouses. In such cases, in the claim for the division of property, it is necessary to indicate and justify the moment when the plaintiff learned that his property rights were violated.

There is an erroneous opinion that a lawsuit can be filed within three years after the dissolution of a marriage. It is from this moment that the countdown of the three-year period begins, during which you can file a lawsuit in court.

For example, let's take a situation where, after a divorce, the ex-husband leaves the apartment that was acquired during marriage. He does not give up his share of this apartment. The wife after two years decides to change her living conditions, sells the apartment and buys another one. As soon as the ex-spouse finds out about the sale, he has the right to apply to the court for the division of property within 3 years from that moment. Accordingly, if ex-wife sold the apartment in 2-3 years, then the husband will file a claim for the division of property 5-6 years after the dissolution of the marriage.

What property can be divided in court and how?

Not all property used by husband and wife during marriage is subject to division. The rule of division of property in a judicial procedure applies only to property that has been acquired and which was acquired by one or both spouses at the expense of their joint earnings. Such property belongs to the category of jointly acquired, it is divided into two different shares between the divorcing. It makes no difference whether the other spouse worked or not. The legislator determined that the member of the family who is at home, does housework, cleans, cooks, looks after children, has the same right to claim equal shares in joint property. The only exception the court may allow is if the husband or wife deliberately avoided getting a job, led an immoral lifestyle, abused alcohol, drugs, or committed acts that damaged joint property.

For example, there are many cases when a spouse, for no apparent objective reasons, does not get a job for a long time, abuses alcohol and, in a state of intoxication, destroys furniture, household appliances, takes valuables out of the house to get money for alcoholic drinks, etc. Then the court can reduce his share in the division of joint property. But you need to remember about the relevant evidence of the immoral lifestyle of such a spouse. There should be regular drives to the police, a certificate from the district police officer and witness testimony of the district police officer.

What is the property subject to division?

Jointly acquired property includes all types of income that both spouses received in the course of their employment, entrepreneurship, or remuneration from their intellectual work. The property subject to division includes assigned pensions of any kind, as well as all types of benefits and other payments. If in the course of legal relations any things were acquired, real estate, both residential and non-residential, intended for business or other activities, they are subject to division into equal shares.

If during the marriage the spouses made deposits in banks, pension, deposit and others, then these deposits are also subject to division. All that property, which was acquired by the spouses at the expense of the total aggregate income or property, is subject to division into two equal shares. With regard to the division of property, which was acquired during a civil marriage, the legislator directly regulates this issue only of legal relations. For a civil marriage, it turns out to be quite difficult to divide property, and one cannot do without the help of a lawyer. Nevertheless, it is quite possible and real.

In addition, not only their property and assets are subject to division between spouses, but also their liabilities or debts. For example, if a husband and wife who are terminating their registered relationship share an apartment that was purchased on credit, then both the apartment and the remaining loan are divided between them. It does not matter at all who issued the loan for themselves. Just as the property taken on credit is subject to division into equal shares, so the remaining loan on this property is subject to division into equal shares between them. If such property is not divided equally between the divorcing husband and wife, then the remaining loan debt is not divided equally, but in proportion to the divided property.

What property is not subject to division into parts?

In addition to the property that will be affected by the court decision on division and which the court will consider at a meeting in order to divide it between the divorcing spouses, the legislator has also determined such property that is not subject to division. This includes those valuables, bills and real estate that were received by one of the family members free of charge, that is, they were inherited or donated. It does not matter when such property was acquired in a similar way by one of the spouses - before marriage or during it. It cannot be divided.

The personal belongings of the husband and wife are not subject to division in court, except for jewelry and things that are luxury items. In the latter case, the court individually approaches each of these issues. For example, a fur coat that costs $400 may be classified by a judge as personal items, while a fur coat that costs $3,000 as a luxury item. Things that belong to children, as well as bank deposits opened in the name of minor children, which are not considered to belong to spouses, are not divided.

Once again about issues with the real estate section

If, prior to marriage, the future husband and wife acquired and possessed any assets, real estate, this property is not included in the total mass of property to be divided between spouses in court. During their life together, the spouses may use part or all of such property in order to acquire something in the marriage. For example, a one-room apartment of a husband or wife, which was purchased before marriage, is sold and a three-room apartment is purchased. In the event of a divorce during the division of this apartment, that part of it that was acquired with the proceeds from the sale of a one-room apartment is not subject to division. This part of the apartment belongs to the property of one of the spouses, which was acquired before marriage.

That is, if half the cost of a three-room apartment was provided by the sale of the wife's one-room apartment, acquired by her before marriage, then in the event of a divorce, the wife receives this part of the three-room apartment (or its cost) and half of the remaining apartment. It is the second part of the apartment that belongs to the jointly acquired property of the spouses and is subject to division into equal shares. Thus, the wife will receive ¾ of the apartment, while the spouse will get ¼ of it. If a loan was taken to purchase such an apartment, then the balance of the debt on it is divided into equal parts between the divorced.

In matters of the division of property that was taken on credit, not repaid at the time of the trial, a banking institution is involved as a third party. During a divorce, the husband and wife try to divide the loans into independent parts so as not to depend on each other. Non-payment of a loan by one of the spouses does not affect the payments of the other. The bank is trying to prevent the division of the loan, because its risks are increasing. As long as the ex-husband and wife are linked by one loan, there is a high probability of its full repayment. If one of the spouses allows late payments, the second is fully responsible for the sanctions applied by the bank.

According to Rosstat, every third Russian family breaks up, in some regions - every second. Divorce- an unpleasant process that is aggravated division of property of spouses. And there is no single solution for each case, since everyone's situation is different. How to divide property, avoid losing decisions, what rights children have - this is what our article is about.

Division of joint property

There are three ways to share what you have:

• With help division agreements;
• Through a marriage contract;
• Through the court.

The first way out involves the execution of a document - an agreement that provides for what and in what proportion passes to the parties. One listing is not enough. It is necessary to describe items indicating, for example, the model, year of manufacture, color of the housing of household appliances. It is advisable to involve a family law lawyer in drafting the document.

It is desirable to supplement property division agreement indication of the market value of the property. If the document does not cause disputes among the ex-husband and wife, they fix it with a signature. Even better - to certify in a notary's office.

Marriage contract

This document repeats the provisions of the agreement. But it is concluded at any stage of the relationship: before marriage, before divorce or after it. And it may provide for items that are not limited to the division of property, for example, with whom the child will live, sizes, the procedure for paying alimony, parental rights and obligations.

If one of the spouses makes expensive purchases after a divorce, it is recommended to keep receipts. Otherwise, the former half can claim their rights to them through the court.

Court Section

Suppose the marriage contract was not concluded, the former spouses cannot come to a single decision, then the only way out remains - division of property in court. According to the general provisions, the plaintiff applies to the court, to which the defendant belongs territorially. But the applicant has the right to file a claim at the place of his residence. Here are the conditions when this is possible:

• The plaintiff is dependent on minor children;
• The applicant has a physical disability.

A dispute between former spouses is considered by a justice of the peace if the property is valued at no more than 50 thousand rubles. The division of more expensive valuables is carried out by district courts.

Indivisible property

Former spouses cannot claim each other's personal belongings. These include:

• Hygiene items;
• Wardrobe items;
• Medicines;
• Tools.

Property purchased before marriage, property privatized by one of the spouses, also belong to the category of personal property.

The things of children, money in a bank account, objects of copyright, property purchased before marriage, items received as a gift or purchased with donated funds, property inherited from relatives are also not divided.

When to share

Often ex-spouses do not know when to start dividing joint property. This can be done in parallel with the divorce process. The court will have to prepare two claims: petition for divorce and section. They may be considered as part of a single trial or separately.

If the parties came to the decision to divide the property through the court after the divorce, it is necessary to file a claim before the expiration of 3 years from the date of dissolution of the marriage. It is these years that the statute of limitations is limited to.

The procedure for filing a claim

A sample claim for the division of property, as well as, the applicant can take in the office of the court. The application must contain a number of mandatory items:

• Name of the judicial body;
• Information about the applicant, defendant;
• Data on disputed property;
• Information about documents confirming the right to own property;
• An estimate of the total value of the entire property.

If monetary funds are declared as disputed property, then a specific amount must be indicated. It also indicates the requirements to be satisfied, for example, to recover divorce fee or division of property from a former spouse.

What documents to attach during a divorce

The court will not make a decision only on the basis of a statement of claim. Therefore, the plaintiff, in addition to the application, must present:

• Your passport;
• Birth certificate of the child;
• Documents confirming the dissolution of marriage: a judicial act, a certificate from registry office about divorce;
• Information about the composition of the family;
• Valuation of property.

Attached is a document confirming the payment of court costs. The amount of the state duty depends on the value of the disputed property. If it is paid by only one spouse, he may claim reimbursement in the pending claim. The parties can share the costs in half by mutual agreement.

What can be shared

In a divorce proceeding, the following property is subject to division:

• Real estate: house, cottage, apartment, garage;
• Movable property: car, furniture, appliances;
• Income;
• Shares, bank deposits;
• Luxury items.

Division of property upon dissolution of marriage with children

When dividing property, the rights of children must be taken into account. When the issue between the ex-husband and wife is resolved amicably, the agreement provides that a large share will go to the parent with whom the children remain. It is not uncommon for property to be divided equally, despite the fact that the child remains to live with his mother or father.

At divorce through court with children the division of money, real estate is different. When making a decision court, primarily concerned with protecting the rights child. Therefore, the verdict will be in favor of the one with whom the daughter or son will live. The judge will not necessarily award a woman a large share of the apartment, she can transfer the right to own a car so that she can transport children if the road to the kindergarten or school is long enough. One condition - mothers must have a driver's license.

There are no exactly the same solutions. Each situation requires an individual approach, careful consideration.

This is for you, this is for you again, this is for you all the time...

Former spouses have the same rights to jointly acquired property. However, their shares may be different, if provided. marriage contract. Also, the court in its own way can distribute the shares based on who the minor children will live with. The judge will take the side of the woman if there is evidence that the husband, being healthy, does not benefit the family: he does not work anywhere, wastes money, drinks, loses in gambling.

Liabilities for debts

Consumer credit, mortgage, loan - debts between former spouses, like property, are divided equally. The parties must apply to the credit institution and obtain a separate contract for each. Loan conditions (rate, repayment terms) will remain the same. Since the loan amount is divided in half, the amount of the payment will change.

How to divide property if it is not physically divided

An apartment, a summer house, a car cannot be physically separated. If you register ownership of half of the property unit, divorced spouses will not want to see each other. Therefore, you can use several ways to partition:

1. You can sell your share to your husband or wife. The calculation of the cost of the share can be ordered by an appraiser or you can offer the amount that the former spouse will agree to. Household appliances, cars, luxury goods, and furniture are divided along this path.
2. Another way out is the sale of property and the division of the proceeds in half. This method is optimal when it is impossible to divide the plot, house, apartment. The amount received for the property is subject to division. Typical difficulties - the ex-husband demands the sale, the wife - to pay compensation for her share.

The legislator did not provide for a rule that could oblige former spouses to share property according to the second scheme.

It must be remembered that all joint property is divided strictly equally. Suppose an ex-husband or wife needs to share a cottage and a land plot on which the building stands. It is unreasonable to give a house to one and a plot to another. Otherwise, it will cause a lot of legal difficulties. There will be a need to sell the object, how can a person get out of the situation? It is impossible to sell a house without a plot and vice versa. Therefore, during divorce proceedings, each property is divided in half.

Inherited property

The subject of legal proceedings is often the property inherited from close relatives: an apartment, a house, a garden plot, etc. If the will as the recipient of property contains only one of the spouses, then the right of possession passes only to him. If both the husband and the wife are designated as heirs, they will receive exactly those shares that rely on the will.

Copyright object

How to divide a business in a divorce

Family business requires the same efforts from the spouses, well-coordinated actions. However, when a family breaks up, losses are inevitable, the loss of customers - the spouses are mired in solving personal issues, they are not up to business development. In order not to lose the enterprise at all, it is necessary to decide in time and correctly how to correctly divide the common cause.

Lawyers from the region family law It is recommended to draw up a marriage contract and provide for the terms of the division in it. If a peace agreement is not reached, the business will have to be divided through the courts within the framework of the provisions of the law. With a mutual decision, the parties can accept a way out that suits the former spouses. But they are unlikely to consider the decision fair.

Division by court means that income, parts of the authorized capital, equipment are divided in half. The judge is not interested in who showed more diligence in the joint case.

There are many reasons for going to court:

• The terms of the marriage contract infringe on the interests of the husband or wife. One of the spouses may challenge such points;
• The business belonged to the spouse before marriage. This moment does not give him the right to fully own the property and profits. According to the law, property acquired after the marriage, incomes belong to joint property, are subject to division in half. Let's say the wife took care of the household, children, went to another job, the husband had his own business. The wife has the right to claim her share in the division of property.

Partitioning methods depend on many factors. From the standpoint of the law, private business belongs to the category of property. They can be traded, transferred to a third party, divided. Business, which is associated with the results of intellectual activity, has its own nuances.

The law offers several ways to partition:

• Transfer of ownership to a wife or husband with payment of compensation to the latter;
• Splitting a large organization into two or three small firms;
• Reorganization. In this case, the company ceases to work, and other organizations receive ownership;
• Selection. A new company is being formed, to which certain obligations and rights are transferred. The old firm continues to function.

Conclusion

Thus, summarizing the methods of partition different categories property, the following conclusions can be drawn:

1. When dividing, it is necessary to start from two categories of property: joint and personal things, that is, divisible and indivisible property;
2. The shares of the spouses in the common property are a priori equal. If a marriage contract was concluded, the shares are transferred in the amount provided for by this document;
3. When considering the issue by the courts, priority in the distribution of shares to the one with whom the children will live in the future;
4. If the physical division is impossible, the object passes to one party, the second receives from the first compensation equal to the value of its share.

Divorce and division of property are complex procedures from a legal and psychological point of view. We wish to solve the problem in a civilized manner.

Usually, after the spouses decide to divorce, they immediately begin to share everything that was bought during the marriage. And here they often face problems. They cannot figure out where is personal property, where is joint property, what should be done for division in the first place, and what should not be done under any circumstances, how to draw up a statement of claim, what documents are needed for division. Questions grow like a snowball.

The main factors affecting the division of property

At present, when divorce and division of property have long become commonplace, lawyers have developed certain algorithms for actions in various circumstances that simplify this procedure. The division of jointly acquired property in a divorce depends on a number of factors:

• mutual consent or vice versa, disagreement of one of the spouses for divorce and division;
• conditions of the marriage contract (if any);
• minor children;
• the procedure for acquiring property;
• some other conditions.

The division of joint property can take place both during the divorce proceedings and after it, when the dissolution of the marriage has already occurred. In both cases there are pluses and minuses.

In case of simultaneous divorce and division of property:

1. The divorce process can drag on indefinitely - this is a minus.
2. Former spouses will not have time to hide or sell part of the joint property in order to hide from the division - this is a plus.
3. Both processes take place in parallel, so the costs of lawyers and other legal costs are reduced - this is a plus.

When dividing property after the completion of the divorce proceedings:

1. You can safely start collecting documents and preparing for the partition procedure - this is a plus.
2. It is important not to miss the statute of limitations - this is a minus.
3. Some unscrupulous spouses try (and sometimes they succeed) to sell (sell, donate) part of the joint property in order not to divide it, as a result, the second spouse remains deprived - this is a minus.

How property is divided in a divorce

In accordance with family law, all property acquired by spouses during marriage is considered joint and is subject to division equally. These are the so-called "ideal shares".

But there are a number of circumstances in which the court departs from the equality of shares and determines the share of one of the spouses more than the share of the other. Such an unequal division is possible in cases where:

• minor children remain with one of the spouses, and his financial situation leaves much to be desired, in which case his share may be larger;
• one of the spouses led an immoral lifestyle, spent joint funds to satisfy their unseemly needs (drank or lost money, spent it on drugs), in which case the court may reduce his share.

The legislation defines two main ways of dividing joint property, depending on which legal regime they choose, these are:

1. Legal regime for the division of joint property.
2. contract mode.

Let's consider each of them.

Legal Partition Mode. It is based on the legislative definition of the equality of the parties, in which all joint property must be divided equally, except for the personal property of each of them.

contract mode. It involves the conclusion of a marriage contract or a voluntary agreement on the division of joint property. Both in the first and in the second document, the spouses can deviate from the equality of the parties and determine what property and to what extent will go after the dissolution of the marriage to one or another spouse.

What property is divisible, what property is not subject to division

Often, when dividing joint property, the spouses do not know what property can be divided and what cannot be divided and make mistakes.

What is shared

If you look at the judicial practice, it becomes clear that most often expensive property is divided:

• real estate;
• vehicles;
• luxury items;
• antiques.

It should be remembered that only joint property is subject to division, that is, only that which is acquired by the spouses in marriage with joint funds.

What can't be shared

The legislation determines that all personal property of the spouses is not subject to division. What can be considered as personal property? It:

• all property acquired by each of the spouses before marriage;
• real estate, vehicles, other types of property purchased during marriage, but at the personal expense of the husband and wife;
• property received by one of the spouses as a gift or inherited;
• personal belongings of each, with the exception of expensive ones, for example, antique jewelry;
• property bought for children, such as a computer bought for a child's practice or an expensive musical instrument bought for a child's practice.

How to start a divorce with the division of property

To begin with, consider when is the best time to start the process of divorce and separation.

When to Start Divorce and Partition

As practice shows, as soon as the spouses realized that living together becomes impossible, it is necessary to start the process of divorce and a parallel division of joint property. The sooner you start the divorce process and division, the more likely you are to save and receive the property that is due to you later.

The more time passes after parting, the less chance you have to prove your case - some documents are lost, receipts and checks are lost, witnesses forget some facts, morally unscrupulous spouses hide or sell jointly acquired property, transfer property to relatives or friends. There are often cases when it is not possible to return the lost.

The second reason why you should not delay the partition is that things, real estate or a vehicle wear out, age, and therefore lose value.

The third reason is the statute of limitations. Of course, the legislation gives a certain time period for filing a claim for division (three years), but situations are different, you can miss this period, then the division will not be possible.

How to start a divorce with a section

The process of divorce and separation begins, of course, with the official dissolution of the marriage. You can get divorced in three ways:

1. At the registry office. Divorce is possible if the couple has no children, or they are already adults. The application is submitted to the department where the couple registered the marriage or at the place of residence of any of the spouses.
2. In the world court. Divorce is possible if there are no disputes about the place of residence of the children after the divorce, and the disputed property costs no more than fifty thousand rubles.
3. In the district court. The court will not only dissolve the marriage, but also decide with which parent the children will remain, and if a parallel lawsuit is filed on the division of joint property, it will also divide the property.

How to start a divorce in court

First you need to collect all the documents and evidence. You will need receipts, checks for goods, contracts of sale. At this stage, the main task is to collect all evidence of your contribution to the acquisition of the disputed property.

There are several nuances associated with the partition procedure:

1. All property purchased by a married couple after marriage and before the actual termination of marital relations is considered joint property. If the spouses separated long before the application for divorce was filed, and during this time one of them acquired an expensive property, then he must prove that they did not live together during the period of its acquisition and the purchase was made with personal funds.
2. If the wife did not work during the period of marriage, ran the household and took care of the children, she does not lose the right to half of the joint property. An exception to this rule may be evidence that she led an asocial lifestyle, did not take care of children, or spent joint funds on her own needs to the detriment of her family.
3. Those things that only one of the spouses used cannot be attributed to joint ownership.
4. Gifts that were intended separately for a husband or wife, even those received during the marriage, are considered personal property.

Conclusion of a voluntary agreement

The cost of certifying a voluntary agreement is much lower than the legal costs in the case of division of joint property in court. Depending on the value of the property to be divided, the notary's fee varies from 300 rubles with an agreement amount of up to one million to sixty thousand, if the value of the property to be divided is significantly higher than ten million rubles.

How to file for divorce and division of property

So, to agree on the division did not work and the trial is inevitable. The necessary documents and evidence have been collected, it remains:

• draw up a claim;
• pay the fee;
• file a claim;
• take part in the trial.

Statement of claim

State duty

When filing a statement of claim, the plaintiff is obliged to pay a state fee, the amount of which depends on the value of the claim. The state duty is calculated independently in accordance with Table 1.

Table 1. Calculation of the amount of state duty depending on the price of the claim

Property value, rub.	Deduction from the amount, rub.	Constant, rub.	State duty (percentage of property value, %)	State duty limit, rub.
up to 20,000	-	-	4	At least 400
20 001-100 000	20,000	800	3	-
100 001-200 000	100,000	3,200	2	-
200 001-1 000 000	200,000	5,200	1	-
Over 1,000,000	1,000,000	13,200	0.5	No more than 60,000

How to seize property in a divorce

If the plaintiff has fears that his opponent will dispose of the joint property in his favor even before the division, he may apply to the court for the arrest of the joint property. such a step is necessary for the implementation of an interim measure to preserve the disputed property.

The petition is declared either when filing a statement of claim, or already in the trial. If the court considers the grounds for the seizure of property essential and there are conditions for the seizure, the court will satisfy the request of the plaintiff.

Important. Without a petition from either party, the court is not entitled, on its own initiative, to apply interim measures to preserve the disputed property.

Arbitrage practice

Judicial practice has enough examples of various options for the judicial division of joint property. Below is one such example.

circumstances of the case. Kirill O. bought an apartment before marriage. Immediately after the wedding, his wife Natalya O. decided to renovate the living quarters, purchased the necessary building materials from her own funds and hired a construction team. In addition to personal funds, joint money earned by a married couple during the marriage was also spent on repairs, but the joint contribution was small. Two years later, the couple divorced, and Kmirill issued a donation for an apartment for his brother.

Plaintiff's claims. Since Kirill did not recognize Natalya's right to housing, she was forced to file a lawsuit in court demanding:

1. Recognize the premises as jointly acquired. Natalya motivated this demand by the fact that thanks to her efforts the apartment was significantly improved and its price increased.
2. Recognize her right to own half of the dwelling.
3. To invalidate the donation agreement of the apartment, as it was concluded in order to hide the property from the division.

Natalya attached receipts, checks and budget documents to the claim, as well as bank statements, which confirmed the materiality of her expenses.

Cyril took the opposite position and did not agree with any of Natalia's demands. At the trial, he stated that the dwelling was his personal property, as it was bought before marriage. He also stated that he did not consider the improvement of the apartment to be significant, especially since his funds were also spent on repairs. As for the gift, he has the right to dispose of his property as he wants.

The court appointed an independent examination, which concluded that the cost of the dwelling after the reconstruction was increased, but not significantly.

Kirill could not prove that he spent personal funds on repairs, but Natalya was able to provide all the evidence of her expenses.

The court's decision. Having considered all the materials of the case, the court ruled:

1. The property cannot be recognized as jointly acquired, since the defendant acquired it before marriage.
2. The court refuses to recognize the plaintiff's ownership of half of the dwelling.
3. The court refuses to recognize the donation agreement as invalid.
4. The defendant is obliged to reimburse the plaintiff for the funds spent on the repair of the dwelling.

Divorce leaves ex-spouses having to decide how to share what they have gained during their life together. And at least the following questions immediately arise:

In general, more than one lecture can be read on each of these issues. Many aspects are discussed in detail on the pages of the company's website. In this article we will make a brief analysis of the main points of these problems.

The court resolves civil cases, aiming to establish formal (rather than objective) truth. This means that the winner is the one who provides more weighty evidence, who knows the law and the dynamics of the trial better, and not the one who is “humanly” right or sympathetic. This is the principle of competitiveness of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.

The division of property through the courts makes up the bulk of the court cases of lawyers and family lawyers. The need to specialize in these cases, to deal with them professionally, is caused by the complexity and imperfection of both family and procedural legislation. Conflict, the very fact that people are "on opposite sides of the barricades" lead to the fact that the parties' mistakes and gaps in the legislation are used to their advantage. A lawyer must know (predict) the nature and type of abuse, consider countermeasures or use inaccuracies in laws in the interests of his principal.

Family disputes are also characterized by the fact that former spouses take advantage of each other's weaknesses, which they became aware of when there was mutual trust between them. We are talking about the psychological impact on the opponent in order to "emotionally" say too much, make a mistake. This is another reason to seek the help of a professional who relies on good judgment and knowledge of the law.

A timely and correctly filed claim, painstaking work in court - this is what you need for the result - a court decision in your favor

The division by mutual agreement is formalized by a special transaction, called an agreement on the division of property. Such an agreement can be concluded at any time after the divorce (in some cases, also before or at the dissolution of the marriage).

In addition to the above, it is worth noting another option for resolving the property issues of the spouses - by concluding a marriage contract. This transaction can be concluded before the legal registration of the dissolution of the marriage. A marriage contract has a number of advantages and disadvantages.

What happens if you do not share property?

Everything acquired in marriage has a special status - the common joint property of the spouses.

The law does not prohibit the preservation of this regime of property after a divorce. Simplifying, we can say that until the division is made, the property remains common. The parties can file a claim or conclude an agreement on this property in a year, and in 5 and 10 years.

In 2019, it is desirable, however, to take into account the following circumstances.

Firstly, after 3 years, one of the parties may declare the expiration of the statute of limitations when applying to the court with a demand to divide things.

Secondly, this form of ownership was designed specifically for the convenience of people living together, acting in everyday life by mutual agreement and for the benefit of each other. Such co-owners are, as it were, at the same time full owners of things, and therefore each of them has an equal right to use (benefit), dispose of (let another person use, pledge, sell) and own them. If you trust your ex-spouse or ex-wife, you can leave everything as it is and not share what you have acquired - until better times (option - until the relationship deteriorates or otherwise changes qualitatively). Many people are happy with this option.

But for many, uncertainty makes them feel uncomfortable and nervous. And it’s true, how can you remain indifferent here if one day you suddenly meet in your (but still shared) apartment the new wife (husband) of the former second half! After all, the dots over the i are not dotted, which means that everyone does with the apartment what he considers necessary (in our case, he inspires the one he considers necessary).

Learn more about the actions of our lawyers in the conduct of a case:

In the course of litigation, we:

• We will understand the details of the case, assess the possible risks and advise you on the prospects of the case.
• We will draw up a statement of claim, and a counterclaim (if you are the defendant), we will present explanations on the case.
• We will assist in the collection of evidence or collect it ourselves, fix the evidence, initiate an examination, alternative examination, property valuation.
• We will submit documents to the court of the relevant jurisdiction, we will speak in your defense at preliminary and court hearings on the merits in courts of all instances.
• Let us present objections to the arguments and evidence of the opposing side.
• We will make sure that your position is properly reflected in the procedural documents.
• We will make petitions, statements necessary to conduct the case and protect your interests.
• We appeal court rulings issued in the course of the case if they violate your rights.
• We will receive a court decision, a writ of execution and hand them over to you, we will conduct enforcement proceedings.
• If you have previously turned to an unqualified lawyer and the decision has already been made, but you are not satisfied with its content, we will appeal to the court of appeal, cassation and supervisory instance.

The world section includes the following work:

• We will draft a settlement agreement.
• Let's consider the already drawn up draft contract, transactions and their options and provide recommendations on their signing / non-signing.
• We will register the transfer of the right to real estate in the state. authorities, we will receive certificates of law and give it to you. INJUSTA

  Tax authorities, arbitration courts, MAP, a number of other state. bodies are specific regulators in the implementation of entrepreneurship. Handling them requires knowledge of a large number of regulations, features of procedures. Our specialists have extensive experience in dealing with government data. authorities and represent your interests in the best possible way.