Division of property upon termination. How to apply for a divorce with the division of property. How is property valued in a divorce?

Over the years of living together, husband and wife acquire many different things: apartments and garages, cars and bicycles, computers and telephones, refrigerators and microwave ovens.

In addition to shared items, spouses also acquire personal items, for example, a husband buys expensive sports equipment for himself, and gives his wife a piece of jewelry.

Spouses invest personal funds in a common cause. For example, a wife sells an apartment inherited from her parents and gives money to her husband to open a family business.

As a rule, none of them thinks about how all this property will be divided when a strong marriage cracks. Equally?

Private or shared?

Not all property acquired during marriage is subject to division between spouses. The law distinguishes between the concepts of personal and joint property.

• personal - not subject to division and remains the property of the owner,
• joint - subject to division on legal or contractual grounds.

To determine which category - personal or joint - this or that type of property belongs to, read our articles: and?

What does the marital property law say?

Family law provides two legal regimes of property spouse:

1. contractual;
2. law.

Negotiated regime implies the existence of a marriage contract concluded between the spouses: both before marriage (and entered into force at the time of marriage registration), and during married life.

The presence of a marriage contract greatly simplifies the divorce process and the procedure for dividing property. The court will not have to divide the property of the spouses, since an agreement has already been reached between them on all property issues.

Marriage contract- This is a civil law transaction, which is concluded by mutual consent of the spouses and can be challenged by them. In a marriage contract, a husband or wife can provide for any provisions of a property nature, for example, determine the shares of joint property, the procedure for using housing, material maintenance and alimony obligations. The marriage contract requires mandatory notarization.

legal regime means that the joint property belongs to the spouses on equal terms. However, the division of property of the spouses can be carried out both extrajudicially and judicially.

Spouses have the right to divide their joint property independently, by concluding a written agreement, it does not matter - during married life, in the process of divorce or after the dissolution of marriage. And after the conclusion of the agreement, they must comply with its provisions. In this case, the procedure for the division of property will be painless and quick.

Note! Sometimes one of the spouses initiates the conclusion of an agreement, pursuing the goal of misleading the other spouse and making illegal transactions with common property. To minimize any risks, it is advisable to draw up and sign an agreement with a spouse with the participation of a lawyer specializing in divorces and divisions of property.

Division of joint matrimonial property through the court

If the spouses do not have a marriage contract or an agreement on the division of property, the court will decide the disputed issues between them. At the same time, the ideal (arithmetic) shares of each of the spouses are established and a list of specific property to be transferred to each of them is determined.

The division of joint matrimonial property is a step-by-step procedure:

• applying to the court with a statement of claim and documents confirming the right of ownership (personal or joint) to the property acquired during the marriage. For information on how to properly file a claim and collect documents, read the article "";
• Establishment by the court of the right of personal and joint property of each of the spouses;
• Determination of shares in joint ownership;
• Division of joint property in proportion to the shares;
• Determination of compensation for uneven distribution of property.

Determination of the shares of spouses in joint ownership

According to Art. 39 of the Family Code of the Russian Federation, the principle of equality of the shares of husband and wife in joint ownership applies. Therefore, in the vast majority of cases, the court divides the property equally.

But there are exceptions to the general rule. For example, if there are good reasons, the court may increase or decrease the share of one of the spouses.

Share increase

The basis for increasing the share of a husband or wife may be:

• Living with minor children;
• Severe or chronic disease, especially if the disease condition arose during the period of family life and is directly related to the performance of family responsibilities. For example, in order to earn money for his own housing or to pay for the education of his child, the husband worked two hard jobs, as a result of which he acquired a chronic disease requiring expensive treatment;
• Bearing debt obligations by only one of the spouses.

Reducing the share of the spouse

Reasons for reducing the share of a husband or wife may be:

• Non-receipt of any income by one of the spouses;
• Employment evasion;
• Careless attitude of one of the spouses to joint property, which led to its breakdown, loss, reduction in price;
• Immoral behavior, alcohol or drug addiction, the consequences of which were family debts.

How are indivisible things divided?

Sometimes there are things in the joint property that each of the spouses would like to have at their disposal. If it is not possible to separate them, the court proceeds as follows:

• The spouses voluntarily agree on which of them will get the indivisible thing;
• If an agreement cannot be reached, the future sole owner of the thing is determined by the court. This takes into account such factors as occupation, place of work, need for things, frequency of use, and so on;
• An assessment of an indivisible thing is made;
• The spouse who became the owner of the thing is obliged to pay monetary compensation to the second spouse - half of the value of the thing.

In addition, the court can transfer a thing from joint ownership to shared ownership - to determine the share of each of the spouses. And appoint the order of use of the thing by both spouses.

How is joint property valued in a divorce?

The appraisal of marital property can be...

• voluntary (to accurately determine the value of property and a fair division);
• mandatory (to determine the price of a claim and calculate the state duty, to determine monetary compensation, to pay off debts or loans).

Spouses can evaluate their joint property themselves, using sales contracts, sales receipts and receipts for payment. If an independent assessment of the property is difficult, you have to turn to the services of an expert assessment. The court can also initiate an expert assessment if a dispute arose over the value and division of common property during the trial.

An expert assessment may be entrusted to a forensic expert institution or an independent expert appraiser.

The procedure for the division of certain types of property

Housing section (apartments, houses, cottages)

If an apartment, house, dacha is the joint property of a husband and wife, then it is subject to division between them. There are several common ways to share housing:

• Sell ​​housing and divide the proceeds in half;
• Leave housing in the ownership of one spouse, and give the rest of the joint property to the other;
• The apartment, house, dacha remains in the ownership of one spouse, who undertakes to pay the second spouse monetary compensation equal to half the cost of housing.

In the process of division of housing, the interests of minor children must be taken into account.

Read more about the housing section in our articles "" and ".

Section of land

If a land plot was acquired during family life, it is also subject to division. In this case, there is a certain advantage - the site can be divided in half in kind. In addition, there are other ways to divide the land:

• Transfer the site from joint ownership to shared ownership and determine the procedure for using common land;
• Transfer the land plot to the ownership of one of the spouses, obliging him to pay monetary compensation to the second spouse or transfer other equivalent property;
• Sell ​​the land and share the proceeds.

You will find more about the division of land in the article "".

Mortgage Section

The division of an apartment or other housing purchased with a mortgage loan is quite complicated. Many factors play a role - when the mortgage was issued, how the mortgage agreement was executed, who paid the mortgage loan, and so on.

In some cases, the mortgage agreement with the bank is re-registered - the loan is transferred from one spouse to both. After that, everyone pays their part of the loan. But since banks are extremely reluctant to take this step, the division of mortgage housing is different. Housing goes to one spouse (as a rule, to the one for whom the mortgage agreement is issued), he undertakes to compensate the second spouse for the loan payments made.

Last update: 01/30/2020

According to statistics, about 40% of divorces happen in the first 4 years of marriage. More than 15% occur at the very beginning of married life and, unfortunately, young families do not have time to live together even for 1 year. And one of the very first questions that arises in a divorce is how to divide property.

Division of joint property after divorce

joint property- Based on the norms of Article 256 of the Civil Code of the Russian Federation, it can be concluded that all property that was purchased by the spouses at the time of their marriage is jointly acquired (except for circumstances when the marriage contract signed by them establishes a different regime for these things). Cm. .

Article 34 of the Family Code of the Russian Federation states that all income received by each of the spouses in any way is their joint property. Common property also includes: securities, shares, shares in the authorized capital of enterprises, immovable and movable things, deposits and other property acquired by the wife and husband. At the same time, it does not matter to which of them this property is recorded.

The division of property in a divorce can occur:

Conflict-free solution - amicable agreement of the spouses

If both parties agree to an out-of-court settlement of the issue and there is no conflict between them, then they conclude an appropriate written document (), in which the shares of each of the parties are prescribed and notarized. If the agreement is left in plain writing it will not be legally binding. Such a document will not fit anywhere, including in court. Since December 29, 2015, Federal Law No. 391-FZ established that it is mandatory must be notarized.

Through the court

If, nevertheless, the former spouses cannot independently agree on who takes what things, then it comes to court. In a judicial settlement of a conflict, the court initially establishes the composition of the property suitable for division, and then allocates a part of each of the spouses.

But if one of the parties receives property, the price of which significantly exceeds its legal share, then the court may oblige this party to pay material compensation (compensation) to the former spouse in monetary or other form.

Example: At the time of marriage, the husband bought a rare painting by a famous artist, which cost more than 1,500,000 rubles. The wife was not against the transfer of this thing to her ex-husband, provided that the court obliges him to pay compensation to his ex-wife in the amount of 200,000 rubles.

Division of property in court

Stages of the division of jointly acquired property in court:

• Establishment of the property of each of the former spouses.
• Determination of the share of each of them.
• Separation from the common property of those things that each of the parties wants to take for themselves.
• Determination of the amount of compensation to any of the spouses, in case of unequal distribution.

The list of things is determined in accordance with the interests of the spouses and their children. During the division, the principle of equal division of property is observed. However, taking into account life circumstances, the judge may deviate from equality (cases when children remain after marriage with one of the parents or one of the parties is absent from work without indicating good reasons). In these situations, the principle of reducing or increasing the share applies, which must be justified in court.

Increasing the spouse's share

The reasons for increasing the share of one of the spouses may be:

• minor children who were left to live with him,
• his illness or permanent disability, especially if they arose during the period of marriage and are related to the performance of the duties of a family member. for instance, the husband, in order to raise money for the expensive operation of the child, got two jobs, as a result of which, against the background of general fatigue and overwork, he received a heart disease and is now forced to be constantly treated.
• fulfillment of obligations by one spouse on common debts. Example: the family received a loan from a private person, but due to their poor financial situation, they were unable to repay it. In order to avoid litigation, accrual of interest and fines, the wife, who has the profession of a house painter, performed finishing work in the creditor's household to pay off the debt.

The domestic work of a spouse who is unemployed at the time of marriage and is leading a household or caring for children, who, due to valid reasons, could not have his own income, will be the basis for receiving a share in joint property.

Reducing the share of the spouse

A reduction in the share is possible if unjustified reasons are established:

• non-receipt of income by the spouse due to unwillingness to find a job;
• careless and negligent attitude of a husband or wife to property, which led to a decrease in its value, complete or partial destruction;
• irresponsible, antisocial behavior of the spouse, which led to the general debts of the family. For example: the couple checked into the hotel on a tour. The husband, being in a drunken state, spoiled the property in the room for a round sum. The hotel administration's expenses were reimbursed from the general money.

What about debts?

If the former spouses have debts, they will also be divided in proportion to the shares awarded (see details and).

But it should be borne in mind that if we are talking about an administrative, criminal or other offense, then the responsibility for debts arising from the causes of such acts is assigned personally to the culprit.

How to share inseparable things

It often happens that common property includes things that spouses want to keep (see). In such situations, the court proceeds in the following order:

• Former spouses are invited to determine for themselves who will get this thing. Further:
  • the parties determine the cost by mutual agreement or on the basis of the appraiser's opinion (if there is no agreement);
  • the court, based on the price, appoints the spouse left without a thing, monetary compensation at the expense of the other spouse.
• If there is no compromise, then the partition object is transferred to shared ownership with a share determined for each, and, if necessary, the judge determines the procedure for using it.
• When it is impossible to allocate a share in the property, the court forcibly decides who will retain the subject of the dispute. In this case, the following circumstances are taken into account:
  • the need of each of the spouses in things;
  • the ability to actually use the controversial subject.

for instance, spouses cannot share the car. The court found that the ex-wife did not have a driver's license and, for health reasons, could not drive. While the other spouse works in a remote location from residence. The judge is more likely to leave the property to the husband.

Deadlines for the division of marital property

As a general rule, the limitation period in cases regarding the division of property between former spouses is 3 years (clause 7, article 38 of the RF IC). However, many do not know at what point this period begins.

The Plenum of the Supreme Court of the Russian Federation in its Decree of November 5, 1998 No. 15 in Article 19 indicated that it is necessary to calculate the limitation period not from the very moment of divorce (the entry into force of a legal court decision or registration of an entry in the book of dissolution of marriage unions in the registry office) but from the moment when the person should have become or became aware of the fact of violation of his right. This provision is also indicated in paragraph 1 of Art. 200 of the Civil Code of the Russian Federation.

Example: 5 years after the end of the marriage, the husband found out about the real estate that was purchased at the time of his joint residence with his ex-wife, but this building was not indicated in the list of common property.

A spouse whose rights have not been respected is obliged to prove the fact of evading the division of jointly acquired property, but it is sometimes extremely difficult to substantiate such circumstances.

In order to restore the missed period, the spouse must file a claim for the renewal of the missed period with the judicial authorities.

What property is not divided in a divorce

Everything that was acquired before marriage

In part 2 of Art. 256 of the Civil Code of the Russian Federation it is written that the property that was with each of the spouses before the start of the marriage, as well as the property donated to one of the spouses or passed to one of the parties by inheritance, is not jointly acquired, but belongs to the personal property of the corresponding spouse.

Personal items

Things for individual use, namely: clothes, shoes and other individual property (except for precious items and luxury items), even bought for common money, belong to the property of the spouse who uses them.

Rights to the result of intellectual activity

The right to the result of intellectual activity is also not divided during a divorce like other property. It is exclusive and belongs only to the author. And the income received from the use of this result is jointly acquired property (unless the document between the spouses (the marriage contract) indicates otherwise).

Things of minor children

The rights and things that belong to minor children are not divided between the parties to the process. These include things bought only to meet the needs of children and contributions that are made in their names.

Things purchased after the "departure"

Things acquired by the spouses after the termination of cohabitation (in the case of a long divorce process) are also not divided. This is one of the most sensitive issues in a divorce case, since it is difficult for one of the spouses to resist the temptation to declare their right to someone else's property, despite the fact that there are formal signs for this. Therefore, such property must be separated from the common, and confirmed in court:

• separation of residence;
• no joint budget;
• the presence of conflict, incompatibility of life positions, etc.

Division of property upon divorce if there are children

The property of adult children, namely: an apartment, a car, a dacha or shares, is not subject to division. They must remain in the personal property of the child.

If in , then the divorce proceedings occur only through court. This action is applied to ensure the personal property rights of children.

In the event of a divorce, adult and minor children, at the time of division of the property of the spouses jointly acquired in marriage, do not have the right to it, just as parents do not have the right to the things of children bought for their needs. These include:

• clothes, shoes
• Sports Equipment
• school supplies
• furniture, books
• musical instruments
• as well as material contributions issued to children.

The listed things are transferred to the parent with whom the children will remain. The other is not entitled to the appropriate monetary compensation, even if it becomes known that the children's property was sold.

Sometimes there is a dispute about the need for these things for a child:

Example 1: A computer that was purchased more than 4 years ago was purchased for general use and not just for the needs of a child. Here the question is moot and the court can decide in favor of either one or the other side. Because the computer is difficult to attribute to exclusively children's use.

Example 2: Piano claimed. The ex-husband said that the purpose of this tool is not intended only for children. However, the wife presented proof that their child is studying piano at a music school and this musical instrument was bought for him. Such a piano will not be subject to division.

If immovable property that is the property of a minor child or his place of residence is alienated, then a representative of the guardianship and guardianship body shall be present at the court session without fail. The consent of the authority to allocate the child's share is mandatory.

If there is a minor child in the family that is participating in the divorce proceedings, then the spouse with whom the child does not live is obliged to pay alimony for his maintenance (see). Then the court will divide the parts of the jointly acquired property equally.

How to write a property division agreement

Initially, it is necessary to indicate that an agreement (agreement) on the division of property can be drawn up at the time of marriage, upon its dissolution, or after this process. However, the best moment of its compilation is something between the beginning and the end of the dissolution of the marriage.

Already after filing an application for divorce, the spouses can draw up an agreement and avoid losing money when paying the state fee, the amount of which is calculated from the total value of the property and can be more than 10 thousand rubles.

After the conclusion of such an agreement, the spouses peacefully share the joint property, informing the court about the settlement of the disputed relationship.

Part 2 Art. 38 of the Family Code of the Russian Federation states that an agreement of this kind is concluded in writing and is subject to notarization. From December 29, 2015, Federal Law No. 391-FZ established the procedure for mandatory notarization of a settlement agreement on the division of property.

Notary services are paid. He collects a state duty from the spouses, the amount of which is calculated on the basis of the total price of the property to be divided. This percentage may not be small enough and it is better to know it in advance.

• Preamble. It should indicate the place (city) and date of preparation of the document, as well as indicate the parties to the agreement (Party 1 - full name, Party 2 - full name)
• Thing. Here the spouses describe their civil status and indicate all the property that is in their jointly acquired property.
• The division of property. In this part, it is necessary to indicate what property passes to whom.
• Conditions for the transfer of property. It specifies how exactly the transfer of property from spouse to spouse will take place. For instance: If there is a division of real estate - when one of the parties goes to the appropriate register with title documents for re-registration of property to the other party.
• Personal property that will not be shared. This point is quite important. It specifies all property that is not or will not be divided (property that was not jointly acquired property, personal effects of one of the spouses, or items that one of the spouses does not claim). This must be done to avoid claims that may arise in the future.
• The procedure for the entry into force of the contract (agreement). Here it is necessary to indicate that this document will come into force from the moment of its notarization.
• Final provisions. In this paragraph, you must specify information about the number of copies of this agreement, the procedure for making additional changes to this agreement and the consideration of disputes related to the execution of the agreement.
• Signatures of the parties. This is important enough! After drawing up the agreement, it must be sealed with the signatures of the spouses

Question:
What if the division agreement is concluded, but after that the other spouse changes his mind and evades notarial acts.

The answer is simple: the spouse concerned should fulfill that part of the obligations that was assigned to him. And then you can apply to the court to recognize the agreement as valid without notarization. Subsequently, the intractable spouse can be required to fulfill his part of the agreement on the basis of a court decision.
But this method is not always effective. Sometimes it is easier to go to court with the usual division of property.

How do you hide your wife's property?

Statistics show that during marriage, many spouses think about the possible consequences of divorce. Therefore, they reinsure themselves and by all means take away property from the regime of joint ownership of husband and wife.

The most common ways:

• registration of objects of property for relatives. This mainly concerns large things: real estate, transport, etc.;
• concealment of existing values. Most often these are bank deposits, shares, cash currency, etc.;
• buying things with donated money from relatives.

For instance: husband buys a car that he wants to take over. The day before the purchase, the spouse goes to the notary to certify the contract of donation of money from the father of the spouse for the purpose of buying a car. The contract, of course, is cashless, but it is difficult to prove this, since it is notarized. It turns out that a car bought with that kind of money is a gift and will not be considered as common property during the division.

• acquisition of material values ​​through loans from friends and acquaintances. The bottom line is that during the division, the spouse can submit to the court a loan agreement, allegedly for the purchase of a thing, drawn up shortly before the purchase, as well as a fake receipt or other payment document on behalf of this spouse for the return of the loan, dated after the divorce. Formally, this gives grounds to demand that the property be retained without compensation to the other spouse, since they alone paid the total debt.
• There are other ways that are unique.

How to divide property registered to another person

It is not uncommon when one of the spouses (as a rule, the main earner in the family), showing worldly "wisdom", registers all acquired property for his relatives (parents, grandmothers, brothers, sisters, etc.) or in general for strangers (isolated cases ).

However, such property can still be included in the total mass and fairly divided.

To do this, it is required to separately (under a new lawsuit) challenge the fictitious transactions in court, that is, to invalidate the transaction with front men and transfer the ownership to the spouses. True, this process is not simple, but if the controversial thing is expensive, then the work will not be in vain.

When considering the court, provide information that:

• funds for the purchase of things were taken from the general budget (it does not matter which of the spouses and from what sources);

For instance: Before buying an apartment, the husband withdrew money from his bank account in exactly the amount that corresponded to the price of housing.

• the person to whom the property is registered does not really have sufficient finances.
• the one in whose name the registration was made does not have the skills and need to use this property.

For example: the motorboat was registered to the grandmother, who has neither the right nor the means to maintain the boat.

• the disputed objects were used by the family and bore the costs of maintaining these objects.

Example: the summer cottage, which was listed on the brother of the spouse, was at the disposal of the family, which will be confirmed by the neighbors, the board, payment documents for membership and earmarked contributions, etc.

It is important not to miss the appeal period - 3 years from the moment such a pseudo-transaction was made or when the deprived spouse became aware of it.

During the dispute over the false registration of property, the court case under the division must be suspended, since the results of challenging the transaction will make it clear whether the joint property of the spouses will increase or not.

If the spouses nevertheless decide to get a divorce, then it is necessary to take into account several rules that will help them survive the divorce process faster.

• To avoid unnecessary expenses, it is best to correctly draw up an agreement on the division of property and not go to the judiciary at all. This document should contain all the necessary information. But notarization is sometimes a rather expensive process.
• If the matter has gone to court, then do not forget to file a claim for the division of property and documents for the deduction of alimony (for the spouse with whom minor children live). The presence of minor children is also the basis for increasing the share in joint property.
• After the end of the divorce proceedings, save all documents relating to the marriage, as they may be needed later. (If the spouse finds out about the undivided property and wants to claim it).

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

For various reasons, it may happen that further marital relations are impossible, and, as a result, joint possession and use of property belonging to the spouses is also impossible. In this case, the husband and wife have to solve two issues at the same time - about divorce and about the division of everything that belongs to them. It is good that family and civil procedural legislation provides for the possibility of filing a lawsuit with two claims.

In this article, we will look at how to properly prepare and file a lawsuit in order to immediately get a divorce and divide marital property.

How to write a claim correctly

On the one hand, a statement of claim is a formal document that is necessary for the procedure for the dissolution of a marriage and the division of property. Therefore, it must comply with the form established by the procedural legislation () for such documents. The inconsistency of the form of the claim with the procedural norms may cause the judicial body to refuse to accept the claim for consideration and return it to the plaintiff to correct errors.

On the other hand, the content of the statement of claim is no less important, especially if, in addition to claims for divorce, other claims are filed, in this case - on the division of joint matrimonial property. The more accurate, detailed all the circumstances are set out, the more complete and comprehensive the court will study the case, the more reasoned the arguments are, the more reliable the evidence presented, the more likely the court will resolve the dispute in favor of the plaintiff.

So, The claim must contain the following information:

• Name of the judicial body;
• Information about the spouses (plaintiff and defendant): full name, place of residence, contact phone number;
• Information about third parties, if they are involved in a court case (for example, creditors in a case on the division of debt obligations): name, location;
• The price of the claim;
• The amount of the state fee;
• Title: " Petition for divorce and division of joint property»;
• Information about marriage: when, by which registry office the marriage between the parties was registered;
• Information about the presence of minor children: full name, date of birth, place of residence;
• Data on the consent or disagreement of the spouse to divorce. If the spouse does not agree to the dissolution of the marriage, it is necessary to indicate why the preservation and continuation of marital relations is impossible. It is not necessary to devote the court to the details of family life, unless this information is decisive for the case (for example, information about maltreatment - with), since the court does not evaluate the reasons that prompt one of the spouses to demand a divorce. General phrases are enough, for example: lack of mutual understanding, differences in values ​​and life goals (see "").
• A complete list of property acquired during the period of married life with a detailed description and indication of the value of each property object;
• Information about the personal property of each of the spouses that is not subject to division. Justification of the need to recognize the right of joint ownership of personal property objects, in accordance with Art. 37 RF IC. Links to supporting documents;
• Information about debt obligations (for loans, including mortgages, for debt receipts): for what purposes the funds were directed (personal or family), the initial amount of the debt, the date and amount of payments, the amount of unpaid debt subject to division, the amount accrued interest, fines, penalties. Links to supporting documents (see " ");
• Justification of how joint matrimonial property should be divided: a list of property objects that should go to the plaintiff and defendant;
• Justification of the amount of monetary compensation that must be transferred to the plaintiff or defendant in connection with the indivisibility or inequality of the division of property;
• Justification for increasing the share of the plaintiff or reducing the share of the defendant (if there are circumstances provided for in paragraph 2 of article 39 of the RF IC);
• References to the norms of family law: Art. Art. 22, 23, 34, 37, 38, 39 SSK RF;
• Heading " I beg»;
• Claims: on divorce, division of the joint property of the spouses;
• List of attached documents;
• Date;
• Signature.

In addition to the claims listed above (on the dissolution of the marriage, the division of property of the spouses), the claim may contain others, depending on the circumstances, for example:

• about the place of residence of joint minor children;
• - on another.

Accordingly, in the statement of claim, it is necessary to indicate the necessary information, supporting documents are attached to the claim.

Sample application for divorce in court with division of property

You can use the template provided to create your own claim. If you have any difficulties or additional questions, our lawyers will consult you free of charge.

Documentation

Without documents that confirm all the circumstances listed in the statement of claim, the acceptance of the claim and its consideration by the court is impossible.

When compiling the documentation package, one should be guided by Article 132 of the Code of Civil Procedure. The exact and complete list of documents depends on the circumstances of a particular case, but the following is an approximate list of documents that should be attached to a claim for divorce and division of spouses' property. If you have any questions in the process of preparing documentary applications for a lawsuit, ask them to the lawyers of our portal.

So, The following documents must be attached to the claim for divorce and division of matrimonial property:

• Copies of the statement of claim with all attachments (the number of copies must correspond to the number of participants in the trial);
• A document confirming the payment of the state duty for filing a claim;
• Copies of passports of spouses (plaintiff and defendant);
• A copy of the marriage certificate;
• Copies of the children's birth certificates;
• Copies of title documents for personal and joint property, property of children (contracts of sale, donation, certificates of inheritance, privatization, exchange);
• Copies ;
• Copies of documents on personal or joint debt obligations (loan agreements, IOUs, bank statements, certificates of debt, court decisions and writ of execution, letters and notices from the SSP, checks and receipts for making regular payments);
• Copies of documents confirming the improvement of the personal property of one of the spouses at the expense of joint funds during the period of marital relations (photos, contracts for the performance of work or the provision of services, checks, receipts for the purchase of materials, spare parts, expert assessments, testimonies);
• Copies of documents confirming the spending by one of the spouses of the family budget against the interests of the family, confirming the expediency of reducing the share;
• Copies of medical documents on the state of health of one of the spouses or a child, confirming the advisability of increasing the share.

If the statement of claim contains additional claims (for example, on the appointment of alimony or the choice of the place of residence of the child), the list of documents will be expanded to confirm additional information and argue the claims.

Where to file a claim?

Cases exclusively on divorce, if there are no disputes between the parties, including the division of joint property, are considered justices of the peace. If claims for the division of matrimonial property are filed simultaneously with the demands for divorce, then the place for filing the statement of claim depends on the price of the claim (the estimated value of the property claimed by the plaintiff):

• If the value of the claim is up to 50 thousand rubles, the case can be considered by the Magistrate's Court;
• If the value of the claim is 50 thousand rubles and more, the case is considered by the district (region) court.

When filing a claim, one must also take into account, according to which the claim for divorce is considered at the place of residence of the defendant - the spouse with whom the marriage should be terminated and joint property divided.

But there are exceptions to the general rule, for example:

• if the demands for the division of joint property are made at the same time as the demands for divorce, the claim may be, provided that the spouses have minor child who lives with the plaintiff.
• a claim for divorce and division of property of the spouses may be filed at the place of residence of the plaintiff also in the event that his state of health does not allow him to go to the judicial authority at the place of residence of the defendant;
• if the main subject of the dispute between the parties is real estate (apartment, land, residential building, industrial property), the claim may be filed at the location of the real estate, regardless of other circumstances of the case.

State duty

For consideration of the case in court, the plaintiff must pay a state fee.

The amount of the state fee for filing a claim for divorce and division of property of the spouses consists of several parts - by virtue of paragraphs. 12 p. 1 art. 333.20 of the Tax Code of the Russian Federation, since the claim contains several claims:

• For divorce - 600 rubles;
• For the division of matrimonial property - the amount is calculated according to the formula provided for in Art. 333.19 of the Tax Code of the Russian Federation, fixed amount and interest rate depending from the price of the claim. You can read more about how to calculate the amount of the state fee for the division of property of spouses in the article, and if you have additional questions or need specialist help, the lawyers of our portal will provide you with a detailed consultation - free of charge.

Details for paying the state fee can be obtained from the office or on the official website of the judicial authority in which the claim is filed. You can make a payment in any convenient way: at the post office, at the bank, at the electronic terminal, at the client banking service, however, in the latter case, you need to print the receipt yourself and certify it at the servicing bank. A claim filed without a receipt of payment will remain without progress.

Litigation and decision

After accepting the claim by the court office, the court performs preparatory work, studies the case materials, sets the date and place of the court session, and notifies the parties and interested parties of the scheduled court session.

As a general rule, the claim is considered by the court for 2 months. But the period may be extended depending on the circumstances. For example, if one of the spouses - the defendant - does not agree with the plaintiff's desire to dissolve the marriage, the court may appoint - from one to three months. Litigation will continue after the expiration of this period, if the plaintiff remains adamant in the decision to dissolve the marriage. If both spouses initially agree to divorce, the court immediately proceeds to resolve the dispute on the division of marital property: listens to the arguments of the parties, considers the documentary evidence submitted, invites witnesses, appoints an appraisal examination - depending on the circumstances.

The defendant, who does not agree with the arguments and demands of the plaintiff, may submit and propose his own version of the division of the disputed property.

If the parties are inclined to seek a compromise solution, the court invites them to divide the joint property through amicable agreements. The settlement agreement concluded by the parties and approved by the court has the legal force of a court decision and must be carried out by the parties in the same way as the execution of a court decision.

Based on the results of the trial, the court makes a decision on the dissolution of the marriage and the division of marital property. You can get an act in 5 days after being announced in court. The court decision should be submitted to the registry office where the marriage was concluded - for state registration and

The party that does not agree with the decision (regarding the division of matrimonial property) may appeal against it. within 1 month to a higher court by filing an appeal.

What do you need to know?

• For divorce and division of property, a statement of claim is filed with the relevant requirements.
• The initiator may be a husband or wife, and the other party will act as a defendant.
• Spouses need to collect documents for joint and personal property. The court will assess who owns certain assets.
• The claim is filed in the world or district court.
• The parties will have to pay two state fees - one for the divorce, and the other for the judicial division of property.
• The claim and documents are submitted after payment of the state fee.
• The term of consideration of the case - from 2 months and longer. It is allowed to file counterclaims, petitions, objections, appeals. The spouses can also come to an agreement and conclude a settlement agreement, and the court will approve it by its decision.

The procedure is intuitive, but has its own specifics. Making a claim should not be taken lightly. To properly prepare a statement of claim for a divorce of spouses and the division of joint property, follow the above recommendations. Please also use the template above. And if you have any questions, at any time you can contact the lawyers of our portal for a free consultation on family or property issues. Lawyers will tell you what to indicate in the lawsuit, what should not be written, what facts to focus on and how to build a strategy in court.

Ask a question to an expert lawyer for FREE!

Understand whether you have to go to court or you can get by with the registry office. Through the court divorce in three main cases:

• one of the spouses is absent or does not want a divorce;
• there are minor children in the family;
• The spouses did not agree on the division of property.

In all other cases, it is enough to file a divorce application with the registry office - and in a month you are again single / unmarried. By the way, if the spouses agree to a divorce, but do not agree on the division of property, the dissolution of the marriage can be formalized through the registry office, and a claim for the division of property can be filed with the court.

What documents are needed for a divorce through the registry office?

There are only three documents:

• original marriage certificate;
• passports of both spouses;
• two receipts for payment of state duty from both spouses (650 rubles each).

If the spouse cannot go with you to the registry office to dissolve the marriage, he still needs to apply for a divorce. In principle, to submit an application, the personal presence of one of the spouses is sufficient, if the second, of course, has no objections. Documents must be submitted either to the registry office at the place of residence of the husband / wife, or to the registry office where they were married.

What if we want to share the property, but we cannot agree?

One of the spouses needs to file a lawsuit in court, which will include demands for the division of joint property and / or the dissolution of the marriage. If we are talking about property worth up to 50,000 rubles, you can go to the world court at the place of residence of the defendant spouse (or according to yours, if minor children live with you, for example). If more than 50,000, then the claim is filed with the district court.

But first, collect the necessary documents:

• original receipt with state duty;
• a copy of the applicant's passport;
• a copy of certificates of marriage registration, birth of children (if any);
• information about the actual place of residence of spouses and children (copies of the house book, certificates of residence, etc.);
• share property - provide additional information about this property, preferably with documents on its purchase.

What property can we share?

everything jointly acquired, that is, what appeared with you AFTER the marriage, but BEFORE the divorce. What exactly are we talking about?

• Real estate (apartments, houses, land plots);
• movable property (transport, equipment, furniture, etc.);
• accumulated money, including on bank accounts (from salaries, fees, pensions, benefits and other income);
• business income (non-received dividends);
• shares and shares in companies, shares;
• jewelry and other luxury goods.

All jointly acquired property is divided between the spouses in half, if they did not agree on another marriage (fixed in marriage contracts). That property that cannot be divided physically remains with one of the spouses, and the second receives compensation in the amount of half of its value. The cost is determined by an expert (for example, from the BTI or the cadastral service), so it may vary depending on who is involved in the assessment.

What about my personal property? What can I keep?

You and your soon-to-be ex-spouse can keep:

• what belonged to you before marriage;
• what you have inherited or received as a gift;
• what was purchased with personal funds accumulated before marriage;

And you can't share:

• what was bought for minor children (clothes, toys, musical instruments);
• deposits made in the name of their minor children;
• targeted, personalized social payments, such as: maternity capital funds, payments for participation in hostilities, benefits for the acquisition or construction of residential premises by law enforcement officers;
• compensation for moral damage and harm to health, child benefits, travel expenses.

If you have already separated, but not yet divorced, you continue to make property together, and it will also have to be divided. For example, you moved out and bought yourself another apartment already from the money earned after the departure. Since the marriage is not dissolved, the spouse can claim half of this apartment. To avoid this, you will need to prove in court that your relationship ended before the divorce and that you do not live together, do not run a joint household, earn and spend money on your own. This requires photographs, screenshots of correspondence, testimonies, registration at a new place of residence, etc.

What should I do to prove my right to part of the joint property?

Regardless of which spouse has property documents, collect everything you can: certificates of ownership, tax returns, invoices and checks, agreements with banks, account statements. Make a list of all the property that you have acquired together.

If you are afraid that your spouse will try to hide or sell some property, then:

• take pictures of the furnishings and furniture in the house;
• save correspondence with your spouse in which common property is discussed;
• obtain the testimony of witnesses;
• copy documents for children, card numbers, bank agreements, certificates of ownership.

Some documents and correspondence can be confirmed by a notary. It is better not to keep copies of documents at home, so as not to lose access to them and not lose the necessary evidence during the conflict.

How long does a divorce process take and how much does it cost?

The judge must accept the case for consideration no later than 5 days from the date of filing the claim. Meetings are held approximately once a month, but it all depends on the workload of the judge. After accepting the claim for proceedings, the court must postpone the first session on the merits for a month for the reconciliation of the spouses.

If property disputes are serious and the value of the property is high, the process can drag on for months or even years.

The “cost” of a divorce is always determined individually and depends on many factors, but we pay attention to the mandatory items of expenditure in the divorce process:

• services of property appraisers;
• services of a lawyer - depending on the qualifications of a lawyer, the complexity of the case and other criteria;
• state duty - 650 rubles for filing a claim and the same amount for issuing a certificate of divorce. That is, 1300 rubles from each spouse.

Can my spouse evict me from the apartment if we are divorcing

If he or she is the owner of the apartment, and you are simply registered there, then yes. You can evict your ex-spouse through the court. If you bought property in marriage and the apartment belongs to you in equal shares, then no one can evict anyone.

What if we took a mortgage in marriage, and now we are getting a divorce?

Depends on the mortgage payment scheme. If both spouses are borrowers, then after the divorce they continue to pay money for their shares. When the apartment becomes the property, they decide on its future fate. Either they sell it, or the owner remains alone and pays compensation to the second spouse in 50% of its value. There is another option - one of the spouses voluntarily waives his share in favor of the second, and the latter pays the mortgage himself.

If, on the mortgage, only one spouse acts as a borrower, and the second is a guarantor, then it is better to renew the contract and make the spouses co-borrowers. If your almost former partner or bank is against it, go to court and demand that the contract be reviewed forcibly.

With the consent of the bank, you can sell your home and pay off the mortgage ahead of schedule.

And who should pay utilities for a shared apartment after a divorce?

If you divorced, but did not divide the property, you must pay utilities, taxes and repairs in half. But if you do not live in this apartment, the burden of paying utility bills can be placed on the ex-spouse living there.

The owners bear jointly the payment of taxes and obligatory expenses for the maintenance of the common property. Therefore, all additional and non-obligatory costs (for example, the installation of a paid alarm system) must be negotiated.

What if the spouse wants to sell or donate common property without my consent?

If the transaction has not yet taken place, then you can inform the buyer in writing about the circumstances of what is happening and that you did not give consent to the sale. If the transaction has already taken place, demand through the court the payment of your share, compensation with other property or the invalidity of the transaction in general and the return of the property back to joint ownership. Well, do not forget to tell your ex-partner in writing everything that you think about such behavior.

What to do if before the divorce, the spouse withdrew money from the deposit and hid it?

Ask the bank for account statements through the court, involve bank employees as witnesses, request video recordings from surveillance cameras installed in the bank. If the evidence is convincing, and the money is found on another account of the spouse, then the court can seize the withdrawn money and distribute it between the spouses.

And if the spouse gets into debt before the divorce, will I have to pay them too?

If he (a) proves in court that he spent the borrowed money on the family, then yes, he will have to be divided. If he cannot prove it, the money will be considered his personal debt obligation and he will pay it himself.

What to do if we did not have time to conclude a prenuptial agreement before the wedding, but we want to agree on the division of property?

Get it married and notarized. If you are already divorced, you cannot draw up a marriage contract, but you can conclude an agreement on the division of property, in the usual written form, it is not necessary to certify with a notary, but it is desirable.

Can I contest the clauses of the prenuptial agreement?

You can in three cases:

1. If you signed the contract under the compulsion of your spouse (for example, you were threatened or pressured).
2. If you did not understand what and why you were signing (for example, if your spouse slipped you a contract when you were very ill or were in an insane state).
3. If you were misled (for example, the spouse drafted a contract with the assistance of a lawyer, using complicated legal terms and incorrect wording, intentionally confusing you).

You can come to court, report the circumstances under which you signed the prenuptial agreement and try to challenge those points that do not suit you.