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Statement of claim for the division of the property of the spouses. Sample. Family lawyer. How to apply for division of property

The statement of claim on the division of the spouses' property presented on the site will be a quality sample prepared in accordance with applicable law. When divorcing, many couples are faced with the need to share everything that they have acquired in marriage.

This is not an easy process and is connected, among other things, by significant emotional experiences. The intensity of passions can reduce the rationality in assessing the circumstances of the case and complicate the correct preparation of the statement of claim.

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

In this article:

Features of the preparation of a claim for the division of property after a divorce

If the decision is made to implement, then perhaps some time has passed and the passions have subsided.

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

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

When filing a claim after a significant period of time, you should not worry about property acquired after a divorce or during a period when the spouses did not live together.

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

How to draw up a statement of claim to the court on the division of property

How to file a claim for the division of property?

You can try to do this yourself after having studied the Family and Civil Procedure Codes and half-empty samples of such documents on the information boards of the courts.

At the same time, one should be prepared for repeated returns of the statement of claim for the division of property by the court.

It is imperative to study all the requirements presented by the court for claims submitted for consideration.

Of course, the court has a lot of opportunities to report what exactly is missing in the statement of claim on the division of the spouses' property. But often endless returns are reminiscent of an endless epic.

You can resort to the help of a professional who will advise, draw up a claim or provide qualified assistance in court.

But the significant financial costs of preparing a statement of claim on the division of property can lead to similar problems in the event of a wrong choice or bad faith of a lawyer.

Whichever method of drawing up a statement of claim on the division of the spouses' property is chosen, it is imperative to check whether the document contains information that is specified in the Code of Civil Procedure of the Russian Federation.

There should be a list of the property to be divided and proposals for its distribution between the spouses.

We use a sample statement of claim on the division of property

If the choice fell on drawing up a statement of claim on the division of property independently using samples. The highest quality of them should be preferred.

On this site you can download samples of claims drawn up by professional lawyers. It is this quality that distinguishes them from many similar ones presented on the Internet. They will help you with a minimum cost to draw up a claim that meets all the requirements of the law.

Example of a claim for the division of property

To download a sample statement of claim on the division of property after a divorce, you can simply follow the link by clicking on the social buttons or wait a little.

A sample statement of claim on the division of the jointly acquired property of the spouses after the divorce, taking into account the latest changes in legislation.

The division of property between the spouses can be carried out at any time after the divorce. If the spouses have not reached a peaceful solution to this issue, you can apply to the court for the division of jointly acquired property. Please note that such requirements are subject to a three-year limitation period, it begins to flow from the moment when the spouse learned about the violation of the law, and not from the day of the divorce.

In general, the property is divided equally between the spouses. Property that is acquired before marriage, received by way of privatization, inherited or donated is not subject to division. Everything that is acquired after the divorce is not shared. Clothes, shoes, and other personal items, with the exception of jewelry and luxury items, are not shared between spouses.

The value of the property to be divided is determined by the plaintiff at the time of filing the claim, based on the market value of things, taking into account wear and tear. The statement of claim is filed at the place of residence of the defendant; if real estate is divided, then at the location of this property.

If the value of the property is up to 50,000 rubles, the claim is filed with a magistrate, if the value of the property to be divided is over 50,000 rubles, the civil case will be the jurisdictional (city) court. The value of the claim is determined by the value of the property. The state duty is paid from the cost of the claim.

V ___________________________
(name of the court)
Plaintiff: _______________________
(Full name, address)
Defendant: ____________________
(Full name, address)
Claim price: ____________________
(the whole amount of the requirements)

STATEMENT OF CLAIM
on the division of jointly acquired property of spouses after divorce

A marriage was registered between me and the defendant _________ (name of the defendant) "___" _________ ____.

"___" _________ ____ our marriage was terminated on the basis of _________ (indicate how the marriage was terminated by the decision of the magistrate or through the registry office).

The division of the jointly acquired property was not carried out by us before, before the divorce. Meanwhile, we cannot voluntarily divide the property acquired together in marriage, an agreement on the division of property has not been concluded, and a marriage contract has not been concluded.

During the marriage, we jointly acquired the following property: _________ (provide a list of property; indicate the dates of acquisition of the disputed property; types of transactions in which the property entered into joint ownership; the value of the property subject to division; indicate on which of the parties the disputed property is registered), for the total amount of _______ rubles.

In accordance with article 39 of the Family Code of the Russian Federation, when dividing the common property of the spouses and determining the shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

I believe that the following property is subject to transfer to my ownership: _________ (provide a list of property to be transferred to the ownership of the plaintiff) in the amount of _______ rubles, since _________ (indicate the reasons why the listed property is to be transferred to the ownership of the plaintiff, why it is more needs or is interested in using this property).

The following property is to be transferred to the defendant's ownership: _________ (provide a list of property to be transferred to the defendant's ownership) in the amount of _______ rubles, since _________ (indicate the reasons why the listed property is to be transferred to the defendant's ownership, why he needs it more or is interested in the use of this property).

According to article 38 of the Family Code of the Russian Federation, the division of property between spouses is carried out during marriage and after divorce. Any spouse can make such a requirement. When the property is divided, the court determines which property is to be transferred to the spouses. If property is transferred to one of the spouses, the value of which exceeds his share, compensation may be awarded to the other spouse.

Since the value of the property to be transferred to the plaintiff is more (less) than the value of the property to be transferred to the defendant, on the other hand, compensation for the excess of the value of the share in the amount of _______ rubles is subject to recovery. based on the following calculation _________ (bring the calculation of compensation).

Based on the foregoing, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

  1. Recognize the shares in the joint property of the spouses _________ (full name of the plaintiff) and _________ (full name of the defendant) equal.
  2. Divide property that is common joint property: highlighting _________ (name of the plaintiff) _________ (provide a list of property to be transferred to the plaintiff, its value) for the total amount of _______ rubles; highlighting _________ (name of the defendant) _________ (provide a list of property to be transferred to the defendant, its value) for the total amount of _______ rubles.
  3. To recover from _________ (full name of the defendant) in favor of _________ (full name of the plaintiff) monetary compensation in excess of the value of the share in the amount of _______ rubles.

List of documents attached to the application (copies according to the number of persons participating in the case):

  1. Copy of the statement of claim
  2. Document confirming the payment of the state fee
  3. A copy of the marriage record
  4. Copy of divorce certificate
  5. Documents confirming the ownership of the property to be divided (sales contracts, cash and sales receipts, etc.).

Date of filing the application "___" _________ ____, Signature of the plaintiff _______

Filing a claim for the division of property in court is the only way out for spouses who have not been able to agree peacefully about who and what will get from the joint property after the divorce. The reason for this inability to agree can be that one spouse wants to get more than half, and is completely sure that he has the right to do so. Or something from the common property is so dear to both spouses that they are ready to fight in court for the right to possess it after a divorce.

Before applying for the division of property after a divorce, spouses need to think carefully about their actions, remember what common property they have, when and how they acquired it, what exactly they want to claim, assess their chances.

What is shared and what is not

Article 34 of the Family Code of the Russian Federation states that all property acquired by spouses during their marriage is their joint property. These are income from employment, and monetary contributions, and securities, and shares in business, as well as all material values, from apartments and cars to glasses and spoons. It doesn't matter if they are in the name of a husband or wife, they will still be considered common. Even if one spouse did not work and did not receive his own income during the entire period of cohabitation.

Spouses also need to take into account that almost any family has property that cannot be divided upon divorce, because it will be the personal property of one of them, even if it was acquired during the period of life together (Article 36 of the RF IC):

  • acquired under a gift agreement (for example, the question worries a lot),
  • inherited
  • personal items (clothes, shoes, hygiene products ..), with the exception of jewelry and luxury items,
  • the result of individual intellectual work.

You cannot divide things belonging to children born in marriage - toys, clothes, school supplies, etc. This property will not be taken into account when dividing property, but must be transferred to the spouse with whom the child will live. Even the money in bank accounts in the name of the children will remain theirs.

When to file a claim for division of property

No need to delay the division of property! Time is money, and the more it passes from the moment of divorce, the more elusive the chances of success in suing the property.

Some spouses, already divorced, are in no hurry to decide the further fate of the property acquired together: they cannot agree on the division, still hope for reunification, do not want to get involved with paperwork, etc. Each has its own reason. Meanwhile, the law (Article 38 of the RF IC) does not prohibit filing a claim for the division of property:

  • after a divorce, when the divorce has already been registered, and the property is still in common,
  • in the course of divorce proceedings, when in court sessions issues of divorce and division of property are simultaneously resolved,
  • at any time during marriage.

Spouses who have already divorced, when submitting an application, must take into account the limitation period for the division of property in case of divorce. It is three years old and does not prohibit filing a claim for the division of property in court after its termination, but does not guarantee its acceptance by a judge in proceedings.

The limitation period for the division of property after a divorce: from what moment

As a general rule, it is customary to count it from the moment of registration of the divorce. That is, after three years have passed since the receipt of the divorce document, it is too late to file a claim for the division of property in court.

It should be borne in mind: the limitation period begins to be calculated when access to property is impeded. Only from now on!

In clause 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 "On the Application of Legislation by Courts in Considering Cases on Divorce" dated 05.11.1998, the time when one of the spouses found out or could have learned that his the right to own joint property has been violated. And in practice, the courts refer to this Plenum when calculating the limitation period for a claim.

Sometimes the moment of divorce coincides with the moment of violation of the right to property, but not always. Then the spouses have the opportunity to file a claim for the division of property after the divorce and more than three years later, if they prove that they learned about the violation of their right much later.

Where to file a claim

A statement of claim for the division of property is sent by territoriality to the judicial authority in the region where the defendant lives. If real estate is planned to be divided in court, then the application is written at the location of this property.

Some facts

If you have filed a statement of claim, and it contains a requirement for divorce or recovery of alimony, then you yourself can determine the territorial jurisdiction of this case. That is, you can refer the statement of claim to your place of residence. (this is regulated by clauses 3, 4 of Art.29 of the Code of Civil Procedure of the Russian Federation)

All claims for the division of property worth up to 50,000 rubles are accepted and considered by justices of the peace. More "expensive" claims are examined in the courts of general jurisdiction of a region, city or subject of the Russian Federation.

How to properly draw up a statement of claim

In its form, a sample application for the division of property in a divorce resembles a divorce claim, but it is very important to draw up it correctly and reflect the necessary information. Therefore, spouses often turn to experienced lawyers on this issue. After all, one wrong word or phrase in a lawsuit can distort the plaintiff's claims and make it impossible to get what you want.

The name of the court, surname, name, patronymic, address of residence of the plaintiff and the defendant, the price of the claim (the total value of all property that is supposed to be divided) are indicated in the upper right part.

The following information is indicated in the text of the application:

  • date of marriage,
  • the date on which the marriage was dissolved (or when the lawsuit was filed for its dissolution, at what stage is the divorce process),
  • the division of property has not been previously performed, an agreement has not been concluded, the spouses cannot independently agree on the division of property,
  • a list of property acquired during marriage, subject to division: name, distinctive features, links to purchase documents, the value of each item, the total value of all property,
  • a reference to Article 39 of the RF IC that property must be divided in equal shares, or the requirement to share in other shares with justification (living with common children, disability, etc.),
  • a list of property that the plaintiff wishes to receive into his ownership, name, total value, giving reasons indicating that he needs it more and is interested in receiving it,
  • a list, names, the total value of the property that should be transferred to the defendant, an indication of the reasons why it should be transferred to his ownership,
  • reference to compensation in the event that the value of the share of property of one spouse exceeds the value of that received by the second,
  • in the operative part - the claims of the plaintiff, set out in the text of the application, a list of documents attached to the claim, signature and date.

You will find a sample application for the division of property in case of divorce when you read the material to the end.

A mandatory package of documents is attached to the claim:

  • marriage certificate (or a copy of the marriage certificate, if it has already been terminated),
  • a certificate of dissolution of the marriage union (if already received), or
  • a court decision on divorce,
  • documents for the property subject to section, specified in the claim (registration certificates, title deeds, sales and purchase agreements, coupons, checks, etc.),
  • an independent property appraisal report (if any),
  • a receipt for payment of state duty,
  • other documents at the discretion of the plaintiff or at the request of the judge.

What does the court take into account when considering a claim

The courts have a long-established practice of considering cases on the division of property, enshrined in law in Article 39 of the Family Code of the Russian Federation - all of it is divided in equal shares for each of the spouses. And if it is not possible to divide exactly in half, then from the one who receives the largest share, compensation is recovered in the same amount in favor of the deprived.

There are times when it is possible to convince the judge that one spouse has the right to more than half of the acquired. But such cases are isolated and even unique. This is associated with the upbringing of common minor children or the misappropriation of common funds during marriage (Article 39 of the RF IC).

When determining which of the spouses and what will get from their common property, the judge must hear both parties as to which of them and what is more in need. The following will be taken into account:

  • income of each of the spouses,
  • accommodations,
  • occupation,
  • with whom after the divorce the children were left to live,
  • health status,
  • participation of each spouse in the costs of acquiring common property, etc.

The court will also divide the debts of the spouses that appeared during the marriage, in proportion to the shares of the property inherited by each of the spouses.

The ideal option for resolving a claim for the division of property after a divorce is an amicable agreement.

It can be concluded at any stage of the legal proceedings before the removal of the court to the deliberation room. An amicable agreement is concluded when the spouses, in the course of the litigation, come to a single decision on the division of property, to an option that suits both parties. In this case, it is not at all necessary to divide the jointly acquired strictly in half, it will be divided in the way that suits both spouses.

Legal assistance will not hurt

Litigation on property disputes, including cases on the division of spouses' property, is the most difficult category of cases. The court proceedings on them can drag on for many months. And often the reason for this is insufficient knowledge of the laws, the inability to see the nuances, but simply the lack of practice.

Therefore, it will not be superfluous to seek help from experienced lawyers when filing a claim for the division of property. Or you can even issue a power of attorney for the right to represent your interests in court in the case.

There is a lot to be foreseen: so that the divisible property is not sold, lost, destroyed by an unscrupulous spouse before a court decision is made; so that the value of the share of the property of the second spouse is not artificially underestimated or its share is overestimated due to cohabitation with common children, etc.

Spouses, although former, sometimes continue to have good feelings for each other, and one of them will be able to play on this, trying to get what they want from the common property. The participation of a representative in the case will help to avoid such situations.

If you still have questions about how to properly draw up a claim on the division of property in a divorce, then ask them in the comments

If a divorcing couple cannot come to a peaceful resolution of the issue of jointly acquired property after a divorce, then they have no choice but to go to court with a corresponding statement.

As a rule, disagreements arise when one of the spouses considers himself entitled to get a bigger share than the legally required half of the property. Also, any property that one and the other side wants to possess equally, for which they are ready to fight in court, can become a bone of contention.

Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phones below. It's fast and free!

Before filing a claim in court, according to which one of the spouses claims a share in joint property, he should really assess his chances. To do this, it is necessary to draw up a clear action plan, a list of property, the time of acquisition and what exactly of this property would like to be sued.

How is joint property of former spouses divided in case of divorce?

Property subject to division

34 article of the RF IC clearly denotes all property acquired by the couple during the marriage, as joint ownership... This includes:

  • securities,
  • deposits on deposit,
  • shares of companies,
  • income received as a result of employment,
  • movable and immovable property.

At the same time, the law is not interested, to whom they are issued... This rule applies even when one of the spouses did not work during the entire marriage period and he did not have any income.

Property not subject to division

However, according to article 36 of the RF IC there is a category of things that can be attributed to the personal property of a particular person and cannot be subject to division:

  • donated by agreement to one of the spouses;
  • legally inherited by any of the spouses;
  • items that are in personal use, not counting jewelry and other attributes of luxurious life;
  • the fruits of the intellectual work of one of the spouses.

When they were purchased and with whose funds it does not matter.

All property that one of the married couple has acquired will be classified as personal. before marriage even if these items were shared in the household.

Things that were bought for children are also not subject to consideration in the case of the division of property between divorced spouses. This rule also applies to money lying in bank accounts registered for children. Children's things will remain with the spouse who will live with the child upon completion of the parental divorce procedure.

How to determine the value of a property?

The price of the claim is calculated based on the value of the property, therefore, an assessment of the objects is necessarily carried out, on the basis of which the size is calculated state duty... The same assessment serves as the basis for determining the shares that will go to each of the spouses, or for just monetary compensation in the case when the court established such a division procedure.

Real estate is evaluated by means of an inventory assessment, which is contained in the documents of the BTI. Valuation of land plots is carried out based on Rosreestr documents at cadastral value.

The property is being evaluated at market value in the event that there is no information on the cadastral or inventory value. The size of the state duty in this case turns out to be several times larger, so it is better to rely on the estimate obtained by the inventory method or from the cadastre.

Valuation of movable property of no particular value is carried out by the plaintiff at its own discretion, based on the original price, as well as wear and tear during use.

The assessment will receive special weight in the trial if it is carried out with the involvement of a company specializing in such activities. Based on the results of the activities carried out by the appraisal company, an act is drawn up, which can be supplemented with the documents of claim.

Highlights when filing a claim

The statement is similar in form to a similar divorce document. In the cap (top right), it is required to indicate the name of the judicial authority, the last name and first name, as well as the middle name and place of actual residence of the plaintiff, the same data of the defendant and the full value of the divisible property.

The information itself is entered into the application:

  1. the date of registration of marriage;
  2. on the date of dissolution or filing a claim for divorce;
  3. about the stage in which the divorce process is;
  4. about the fact that previously the division of property by the parties was not initiated, there is no agreement on this score, and there is no possibility to come to an agreement on their own;
  5. list and cost of objects of dispute that are planned to be divided;
  6. the requirement to divide the property into equal shares with reference to the relevant article of the law;
  7. justification of the fairness of the request for the possibility of division in unequal shares;
  8. a list of property with an indication of the value, the ownership of which is disputed by the plaintiff, and the reasons for his interest in these particular objects of the dispute;
  9. a list indicating the value of jointly acquired values, which, according to the results of the court, must go to the defendant with justification;
  10. the amount of compensation for the excess in someone's favor of the value of his share over the value of the part of the other spouse;
  11. list of documents in the application, date, signature.

What documents are needed to submit an application?

Mandatory for presentation are documents:

  • marriage certificate;
  • a copy of the act record confirming the fact of the conclusion of the marriage union, in the event of a divorce;
  • divorce certificate (corresponding court order);
  • documentation for the property mentioned in the statement of claim;
  • an act on property appraisal by an independent organization (if any);
  • a receipt for the payment of the state duty;
  • other documents requested by the court.

Counterclaim on division of property

Grounds for a counterclaim

  • The presence of factors persuading the court to decide on the division of property in unequal shares. By such circumstances, the court can recognize the terms of the marriage contract, if it was concluded earlier, interests of a minor child and other reasons.
  • The presence in the statement of claim of property acquired with funds received from the sale of any things acquired by either of the spouses before marriage.
  • Plaintiff's presence in the list of claims personal items or inherited.
  • Absence in the initial list of requirements information about, which was taken in the interests of the family, and the burden of which can be divided equally between the spouses after the division of property.

The fairness of all these grounds will need to be proven in court by presenting various contracts, checks, receipts, testimony and any other arguments that can convince the court.

Procedure and terms for filing a counterclaim

The counterclaim is sent to the same court where the original application was filed.

Important! It is necessary to have time to carry this kind of statement before the time when the consideration of the original claim is completed!

Before submitting an application to the court, it is required to pay a state duty in the amount calculated on the basis of the cost of the claim.

We invite you to download the counterclaim form for the division of property.

Compulsory is filling out a cap indicating the name of the judicial authority, the applicant's and also the defendant's data, the total value of the disputed property. In addition, you need to enter information:

  • the duration of the marriage in time;
  • list of property presented for the section, its cost and time of acquisition;
  • the location of this property;
  • party bearing the cost of maintaining the property;
  • the person carrying out the operation;
  • the opposite nature of the statement.

It is also required to attach documents, confirming the information contained in the application... If there are no such documents, then an independent examination is carried out with the involvement of specialized organizations. On its basis, the price of the claim is calculated.

It is advisable to divide movable and immovable property, registered for one or both spouses during the marriage, peacefully. For this, the husband and wife conclude an appropriate agreement. Usually, during a divorce, the relations of the parties become conflicting and you have to solve this problem in court. To appeal to the court, you can use the claim for the division of the joint property of the spouses, a sample of which is presented on this page. In this case, one of the spouses acts as the initiator of the process - the plaintiff, the second spouse indicates the respondent in the case.

State duty for the division of property in case of divorce

An important aspect of the division of property is the cost of its registration. In general, a peaceful division by drawing up a notarized agreement will cost more than the state duty for the division of property in case of divorce through a court.

The size of the state duty on such cases is determined as a percentage of the value of the planned share to be received as a result of the division. That is, if you are claiming a ½ share in the right to an apartment, you need to calculate the cost of the claim based on half the cost of such an apartment.

The following methods can be used to determine the value of the claim at the option of the plaintiff:

Comparative appraisal of property value based on open data from the websites Cian.ru or auto.ru

The value of the contract for the acquisition of property, if the acquisition took place recently and the market value could not radically change

Independent assessment of an expert organization

Typically, a claim for the division of property contains several requirements. For each of the items of property acquired during the marriage, it is necessary to form separate positions in terms of determining their shares and proof of such distribution between the parties. The cost of these shares forms the cost of the claim, which is indicated in the header of the statement of claim.

Based on the price of the claim, the amount of the state duty is calculated. According to article 333.19 of the Tax Code, it is defined as follows:

Up to 20,000 rubles - 4 percent of the cost of the claim, at least 400 rubles;
from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, maximum 60,000 rubles

For self-calculation, we recommend using the calculators on the website of the courts of general jurisdiction. For example use thishttps://www.mos-gorsud.ru/rs/zyuzinskij/services/calc

For example: the plaintiff demands to divide an apartment worth 3,000,000 rubles. in shares ⅔ for himself and ⅓ for the defendant, as well as determine the full ownership of the car worth 500,000 rubles. behind yourself. The cost of the claim will be 2,500,000 rubles, the amount of the state duty - 20,700 rubles.

Application for division of property - sample

In the _____________ district court

_____________

(name, address of the court)

Plaintiff: _____________

(Name, address)

Defendant: _____________

(Name, address)

Claim price: _____________ rubles.

State duty: ________ rub.

STATEMENT OF CLAIM

on the division of jointly acquired property

On November 25, 2006, a marriage was registered between me and ______________, which is confirmed by a marriage registration certificate dated ______________, No. ______________.

During the marriage, a 1-room apartment was purchased in my name, with a total area of ​​___ sq. m, located at: ______________.

During the marriage, a car was purchased in the name of the spouse ______________, ___, license plate ______________, VIN: ______________.

In accordance with Art. 34 of the RF IC, property acquired by spouses during marriage is their joint property. The common property of the spouses is also movable and immovable things acquired at the expense of the spouses' common income, securities, shares, contributions, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of whom or by which of the spouses the funds were deposited.

By virtue of paragraph 1 of Art. 36 of the RF IC, property belonging to each of the spouses before marriage is his property.

Based on par. 4 clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 No. 15 "On the application of legislation by courts when considering cases of divorce" (hereinafter referred to as the Resolution) personal funds of one of the spouses that belonged to him before marriage.

By virtue of Art. 38 of the RF IC, the division of the spouses 'common property can be carried out both during the marriage and after its dissolution at the request of any of the spouses, as well as in the case of the creditor's claim on the division of the spouses' common property for foreclosure on the share of one of the spouses in the common property of the spouses ... In the event of a dispute, the division of the spouses 'common property, as well as the determination of the spouses' shares in this property, shall be carried out in a judicial proceeding.

According to paragraph 1 of Art. 39 of the Family Code of the Russian Federation (hereinafter - the RF IC) when dividing the common property of the spouses and determining the shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

The apartment located at: ______________ is not subject to division between me and the Respondent in equal shares, since part of the funds for the purchase of an apartment in the amount of ______________ rubles. were my personal funds.

Cash in the amount of ______________ rubles. were received by me from ______________ under the contract of sale of 1/3 of the share of the apartment located at the address: ______________, purchased by me in the period before marriage, which is confirmed by a receipt from ______________ in the amount of ______________ rubles. and the contract of purchase and sale dated ______________.

The cost of buying an apartment on the basis of clause ___ of the Equity Participation Agreement dated ______________ was ______________ rubles.

When buying an apartment, money acquired in marriage was used in the amount of ______________ rubles.

Thus, the Respondent claims to receive ______________ rubles, which is ___ share of the apartment.

In accordance with paragraph 4 of Art. 252 of the Civil Code of the Russian Federation, the disproportionality of the property allocated in kind to a participant in shared ownership on the basis of this article, his share in ownership is eliminated by the payment of an appropriate amount of money or other compensation.

According to par. 2 clause 4 of Article 252 of the Civil Code of the Russian Federation, payment of compensation to a participant in shared ownership by the rest of the owners instead of allocating his share in kind is allowed with his consent, however, in exceptional cases, the court may decide to pay monetary compensation to the plaintiff who requires the allocation of a share in kind, without his consent : in particular, if the owner's share is insignificant, cannot really be allocated and he does not have a significant interest in the use of the common property, the court may, even in the absence of his consent to compensation for the share in kind, oblige the other participants in the shared property to pay him appropriate compensation.

Fixing in the aforementioned norm the possibility of compulsory payment to a participant in shared ownership of monetary compensation for his share, and, consequently, the loss of his right to a share in the common property, the legislator proceeded from the exclusivity of such cases, their admissibility only under specific circumstances and only within those limits within what it is necessary to restore the violated rights and legitimate interests of other participants in shared ownership, in connection with which he extended the action of this rule of law, both to the requirements of the emerging owner, and to the claims of other participants in shared ownership.

A similar legal position is set forth in the Determination of the Supreme Court of the Russian Federation of 12.07.2016 No. 46-KG16-8, Determination of the Supreme Court of the Russian Federation of 26.07.2016 No. 18-KG16-65, Determination of the Supreme Court of the Russian Federation of 03.04.2012 No. 5-B11-134.

Apartment at: ______________ is one-room, total area___ sq.m. the disputed apartment lacks premises commensurate with the shareThe defendant(the share corresponds to ___ sq. m. of the total area of ​​the apartment).

Currentlythe spouses have submitted an application for divorce, joint residence in the above apartment of both owners is impossible due to the prevailing personal hostile relations, an agreement on the use of the common and living space of the disputed apartment between the owners has not been reached, it is not possible to determine the procedure for using the residential premises, due to the impossibility of allocating an isolated part for each of the owners of the apartment for use living quarters.

Share The defendantin the apartment is so small that it is not possible to carry out the actual use of the disputed residential premises by both owners, the real allocation of a share in the apartment is impossible.

N a attributable Defendant ___the share is ___ sq.m. the total area of ​​an apartment, which cannot be an independent object of housing relations, respectively, there is no real possibility of using the share______________ living space in the apartment.

Thus, the share______________ in a contested apartment is insignificant and withPlaintiff in favor The defendantmonetary compensation for 1/10 of the share in the ownership of the apartment is subject to recovery.

Considering that the cost of the apartment at the address: ______________ is ______________ rubles, the cost of the ___ share of the Respondent in the ownership of the apartment, subject to recovery from the Claimant, is ______________ rubles.

Car ______________, license plate ______________, VIN: ______________, market value ______________ rubles. is the joint property of the spouses and is subject to division at ½ share each, since the above property was acquired in marriage.

Due to the fact that the allocation of a share of a car in the amount of ½ a share in kind to any of the spouses is impossible, I do not use a car, I have no interest in using it, actually ______________ uses a car, from the latter, compensation in the amount of ½ of the cost of the vehicle is subject to recovery in the amount of ______________ rubles.

Based on the foregoing, guided by Art. 16, 21, 22, 34, 38, 39 of the RF IC, Art. 131, 132 Code of Civil Procedure of the Russian Federation,

I BEG:

1. Recognize for ______________ ownership of the apartment located at: ______________;

2. To collect from ______________ in favor of ______________ compensation for a share in the ownership of an apartment located at: ______________in the amount of ______________ rubles.;

5. Recognize as ______________ ownership ofcar ______________, license plate ______________, VIN: ______________;

6. To collect from ______________ in favor of ______________ compensation for ½ share of the car ______________, license plate ______________, VIN: ______________ in the amount of ______________ rubles.

Applications:

1. receipt of payment of state duty;

2. a copy of the statement of claim with attachments;

3. copy of marriage certificate;

4. copy of the certificate of state registration of property;

5. copy of the certificate of state registration of the vehicle;

6. copy of the contract of purchase and sale of a share in an apartment at ______________;

7. copy of the receipt dated ______________

_______________________ (signature, full name of the plaintiff)

Which court is the application to

You will need a court of general jurisdiction. Two options are possible and correct:

At the location of the divisible real estate - the so-called exclusive jurisdiction under Article 30 of the Civil Procedure Code

At the location of the defendant, if, in addition to the requirements for the division of immovable property, other requirements are declared - for the division of a bank account or the determination of the order of residence of joint children (Article 28 of the Code of Civil Procedure).