Sample agreement on the division of spouses. The global agreement on the division of spouses after a divorce: sample document

15.09.2019

Minimize the terms of consideration of the case in court and to preserve health can be a settlement agreement on the division of property after a divorce. This document concluded by the parties to the dispute voluntarily allows us to share joint property without additional proceedings.

Such an agreement can be concluded both in the course of the broken-produced process in court and outside the court. To do this, you need to refer to a notary, which will help competently draw up the text of the document, will assure its instances. After improving the visa of a lawyer, the agreement comes into force: it can be submitted in court in order to prove the lack of property disputes. If the couple terminates the marriage through the registry office, it is not necessary to do anything - the agreement is legally binding and is an independent document.

This agreement has several undeniable advantages:

Terminating marriage Parties do not spend nerves for long disputes relating to the one who will belong to this or that property.
Significantly declining the term of trial on the divorce.
If the spouses share expensive real estate or common business, appraisal examinations are almost inevitable. Their cost can reach tens and even hundreds of thousand rubles. The settlement agreement avoids these expenses.

Russian legislation does not prohibit signing a document before divorce or after it. After examining the various samples of such network agreements, you can find acceptable for you. But nevertheless lawyers in the field of family law are advised to conclude agreements to the dissolution of marriage. Especially if the process takes place in court.

Some pairs include property alienation points into a marriage contract at the stage of formation of marital relations. If such a contract exists, then an additional agreement on the division of spouses after a divorce is not required.

It is not necessarily that both spouses worked on the details of the mutual contract. It may well be arranged only one of the parties, after which it is to refer to the familiarization of another. Further, the document is adjusted, and signatures are set on it, indicating that both spouses express voluntary consent with all these information.

In making an agreement on the division of property may also participate the custody bodies (when it comes to the living conditions of a common child after the dissolution of marriage), or lawyers who give the legal appreciation of the proposals of spouses.

Samples of world agreements, as a rule, contain the following sections:

Personal data of spouses (name, registration, passport details and marriage / divorce certificates).
Information on the court hearing, during which they are going to submit this Agreement (if the divorce goes through the court).
The list of property that is subject to the section (indicating its value and an application for the conclusion of an examination, if necessary).
The rights of each of the parties relating to a particular property from the above-mentioned list.
Compensation for the alienation of property in favor of one of the parties (meant in view of the amount or other material value, which will be transferred to the second party with a non-equivance section on some point from the list).
The procedure and conditions for the transfer of property of each of the parties.
Requisites of bank accounts of spouses, if they share deposits, or exhibit common property for sale (to transfer funds after the transaction).
A list of property not subject to section.

The court, although it is entitled to take note of the settlement agreement, but it is not obliged to do it. That is, he can block the document if it considers that he violates the interests of one of the parties. Most often it happens when a joint property shall share couples with children. The judge will always defend the interests of the party with which the child remains after the divorce.

Subtleties of the property section when divorced

As in any other property dispute, in the division of property after the divorce, there are underwater stones. We will figure it out with the most common of them.

In the World Agreement on the division of property during divorce, it is possible to compromise, relating to living in a shared apartment or house. Not always spouses get to disperse immediately. In the document, it can be prescribed that the apartment passes, for example, his wife, but the husband can accommodate a certain time in it (a specific period is indicated). Such "rental" may concern not only real estate, but also vehicles, equipment, equipment. It also discusses the conditions in which one of the spouses enjoys the ownership of another property.
Most often, all property from a legal point of view has the status of joint ownership. This means that each of the spouses has the right to half from everything together in marriage. At the same time, it does not play roles to whom the property is decorated or by whom it is specifically acquired. But this does not mean that it is necessary to sell an apartment, a car, a wardrobe and a refrigerator, and share the money to shake in half. Some things can be fully transferred to her husband or wife. With this scenario, the second side has the right to compensation. As a compensation, you can convey a sum of money or other material values \u200b\u200b(including from the list of property to be divided).
The global agreement certified by a notary (if the husband and his wife is bred in the registry office) or the court approved does not allow its conditions. Consider an example: the wife after a divorce by mutual agreement received the house and the car, and the husband left the business. After some time, the man's business went uphill, the business expanded, began to bring big income. In this situation, the ex-spouse is not entitled to demand some kind of share in business or percentage of income. The results of the settlement agreement on the property section are not subject to revision.
Nevertheless, in the World Agreement, you can register the conditions under which this document will lose legal force. Most often this is done, if one of the former spouses does not fulfill the agreement: does not transfers property; continues to live in an apartment that was supposed to be released, etc. But in this case will have to go to court again. And as a result, the property of the property can delay even for many years.
Spouses have the right not to assure a global agreement from the notary. The fact of its presence with the signatures of both parties gives a document legal force. But experts strongly advise not to ignore a lawyer. First, there are blanks and samples of such agreements, compiled competently and taking into account different aspects of married life. Secondly, a lawyer's visa at the contract is a guarantee of the purity of the transaction. There were cases when one of the spouses after the agreement was submitted to the court, arguing that he put the signature under threats or blackmail. Notary avoids such consequences.
If we are talking about transport, it is necessary to describe it in the most detail: brand, model, year of manufacture, color, package, series and PTS number, etc. The same refers to real estate objects.
When the section is subject to housing in the mortgage, it is necessary to indicate which of the parties to pay the obligations to pay the loan. If these obligations are divided among themselves, it is necessary to mention the schedule and the procedure for payments.

World agreements do not limit spouses. They can specify any property - up to spoons with forks and bed linen. But it is necessary to understand that then the document will be large in terms of volume. At the same time, the section is not subject to property acquired by one of the spouses before marriage. Or inheritance transferred to him and as a gift (even during the period of the marriage union).

A peaceful agreement on the division of ownership allows you to save a lot of time and effort during divorce. But to him, as well as to any other property document, it is necessary to relate with great responsibility.

The division of property as a result of a timber radiation process is carried out according to the procedure established by law, and often spouses make up an agreement on the section, a sample and a detailed description of which are presented in the article.

In a legal understanding, the division agreement is called the Treaty on the Voluntary Section of Property. It should be noted that this document is not equivalent to a marriage contract (contract). They are similar to among themselves what regulates property issues between husband and wife.

However, the marriage contract negotiates the original conditions, and the Agreement itself is a voluntary willing of the parties on the fact of the sighted divorce. Its drawing up must even in the case of the presence of a marriage contract, since:

This is the main legal document, reflecting the fact that the spouses not only agree with the conditions of separation, but also really divided as they agreed.
The agreement avoids the risks of any complaints in the future.
Finally, the agreement may include another procedure for the distribution of ownership if the spouses will change their opinion on what was originally stipulated in a marriage contract. At the same time, the change in the opinion should be made voluntarily by both parties.

Optimally to make a marriage contract, and an agreement on the division of property. Both documents are not complicated and have no clear shape, so they can be composed of spouses arbitrarily. At the same time, the marriage contract must be triggered by the notary (signature and blue printing). To avoid unforeseen situations, it is better to apply for professional help to a lawyer.

As a document, the Agreement has its own characteristics:

Agreement is drawn up during collaboration, during the divorce, as well as after it. Those. Even after issuing a certificate of cessation of marriage, the spouses can compile an agreement. The deadline for which the document must be drawn up is 3 years from the date of the official divorce.
It is not one, but at once several agreements: for example, one will relate to real estate, another car, the third securities and bank accounts.
It enters into legal force only on that day, when it will be registered in the territorial separation of the Rosreestra - otherwise the document is actually not valid, and in court it will not be used as evidence.
The document is necessarily recorded by the notary - it is also possible to make it in a notarial office in order to avoid possible errors in the wording. As a rule, the cost of payment services is 10 000 rubles.

NOTE. Legislation does not oblige spouses to draw up an agreement on a voluntary section and / or marriage contract. Those. Citizens can receive oral agreements and distribute the property peacefully. But the reinforcement of its actions allows to gain confidence that the emergence of possible claims in the future will not lead to undesirable consequences.

Property Degree Agreement: Sample 2018

In 2017, the agreement on the division of property was not changed. Its sample is easy to find and print. You can create text yourself or with the help of lawyers - especially in difficult cases. Nevertheless, the law does not provide for the text of the text, and the unified form of such an agreement does not exist. The only condition - the text should not contradict the norms of Russian legislation (for example, violate the rights of one of the parties and / or infringe the rights of the child, etc.).

This form has the most common view. The Agreement necessarily indicates:

Full name and passport data of both parties (or persons acting on their behalf, on a notarized power of attorney).
Subject of the contract (allocated yellow) - i.e. What exactly are the parties to: what property and whom goes.
Statement of the fact of the contract: after signing the agreement Ivanov I.I. Moves ownership of the specific type of real estate or movable property.

The object can proceed into sole (full) property, or joint (share). This information is necessarily written in a document indicating a specific share.

How to describe property objects

The property object, which, as a result of the agreement, gets to a particular spouse, should receive a detailed description:

In the agreement, it should be prescribed not only which property will go, but in what order. The most important point is the date of the transition of the property: for example, the apartment will go no later than this number. Accordingly, the spouse must completely free her to this day.

How to describe the transition of disproportionate property

The agreement can also provide for the transfer of disproportionate property. In these cases, the property object is transmitted to one spouse, which has obviously greater cost in comparison with its share. For example, it fully gets a flat, which was previously a joint property, with the condition of payment of excessive loli. Then in the document should be reflected in detail how the spouse will be calculated for disproportionate property.

Often, such agreements, part of which is presented on the sample above, are called agreements on the division of property with compensation. The calculation procedure can be selected any:

installment;
percentage fee;
delayed payment (for example, the first amount of the spouse must give a year after signing);
making equal and unequal parts.

Thus, spouses can agree as it is convenient.

See clearly what is included in the content of the agreement, you can here.

Division of debt

Based on the logic of the agreement itself, it provides only the division of property, as was presented in the sample. However, if the spouses wish, they can clarify the procedure for dividing debts. This is especially true in the case of an apartment that was taken to the mortgage:

Spouses can share all the remaining debt to equal parts and continue to pay a loan equally.
Also, spouses can agree on the transfer of debt in full, one of them, but then the apartment will go into his sole ownership. If the second side is increasing, it can get other property objects - for example, a car, which is also indicated in the document.

NOTE. If the mortgage agreement is concluded only on her husband or only to his wife, but the spouse's apartment was bought on credit during official living together, the debt is still considered common, so the husband and wife carry solidarity.

At the same time, property jointly acquired during marriage is considered common property. Accordingly, according to financial obligations, the spouses are increasingly responsible. Those debts that were taken by one spouse under their personal needs remain only for his responsibility.

At the same time, if these funds went to improve the living conditions of the family (repair, expansion of living space, the construction of a bath in a country house, etc.), such debts are shared responsibility. If the spouse does not agree with such a position, you should contact the court.

World Agreement

If the spouses could not solve the question of a peaceful way, they can seek the court to protect their interests.

If, during the trial, they will be able to coordinate their positions, they can conclude a global agreement on the division of property, the sample of which is shown below.

In addition to this document, spouses sign during the trial, such an agreement differs from the usual following features:

it does not need to be certified by the notary or registration in Rosreestre, since it is accepted in court and has full legal force;
spouses cannot change the text of this document in accordance with its additional wishes - for this they can compile certain agreements outside the trial;
to present the requirements that go beyond those were originally designated in a lawsuit, the parties cannot.

Cases of recognition invalid

The law clearly provides cases in which the document is invalid.

The document is not certified by a notary and / or not registered in the Rosreestra department.
The text is incorrect, namely, there are actual errors (property details are incorrectly indicated, descriptions were incorrectly, etc.).
The agreement puts one of the parties to a deliberately unfavorable position, infringe on his interests and / or does not take into account the legitimate interests of the third party (child).
The document was compiled and signed under pressure, physical violence or as a result of unfair administration of one of the parties to delusion.
One of the parties is found to be partially or completely incapacitated by the court.

In these situations, the agreement has no legal force: it cannot be used in court and any other instances as an evidence document.

In some cases, faces from 16 years of age can marry. If a minor is divorced with a spouse of any age, and at the same time comprised an agreement on the division of ownership, the presence, signature and consent with the actions of the legal representative of the minor are required.

Section of property: what is divided, and what - no

The legislation clearly defines jointly acquired and individual property (Articles 34, 36 and 37 of the Family Code). Collaborative ownership includes:

All incomes that were obtained as a result:

work;
entrepreneurial, other commercial activities;
earning in securities (stocks, bonds), other passive income;
pensions, scholarships, benefits;
the use of joint intellectual property - for example, from sales of jointly written books.

All property that spouses bought with general efforts (with equal or equal investment of funds) during their official marriage: real estate objects and other property.

Such objects, funds are divided between spouses in equal shares. Exception is 2 cases.

The agreement is concluded on the division of property in order to regulate the distribution of jointly cost valuables, real estate during marriage. You can compile the necessary document before or after the official registration of the Agreement in the presence of the voluntary consent of both spouses. The procedure is allowed to conduct independently or with the involvement of a notary.

Attention! The presence in the document of several sheets implies a brochure with the numbering of each page.

Rules and procedure for drawing up agreement

It is allowed to conclude several similar contracts, in relation to the individual objects of privilege property. There is a possibility of adding with subsequent corrections and the subsequent destruction of the previous version.
Important! The conclusion of an agreement on the section of jointly proven property, without inclusion in the list of objects obtained as a gift, inherited or acquired to marriage.

It is allowed to involve notary to register, but in Art. 38 of the RF IC in the editorial office of 2014, coercion to such actions is not provided and the actual will be recognized by any document enclosed on time and in the form with compliance with all rules.

the presence of inepar conditions;
an unequal distribution of real estate - 2/3 of the spouse, 1/3 of his wife;
the unscrupulousness of one of the contract participants.

The agreement on the fair order of property distribution contains a list of property and status of the parties - to be married, divorce. Personal data are specified - name, surname, address of registration or permanent registration. The procedure for distribution after termination of relations relating to the transition of individual objects to the category of personal belites or the establishment of equity ownership is specified. The amount of monetary compensation is recorded by the second spouse in the transition of individual things to the ownership of one of the parties. If there is a need, then the agreement is assigned by the notary, drawn up by the sample, the form of which can be downloaded on the site.

Types of conventions of spouses

There are several types of certificates having power to law:

marriage contract;
settlement agreement;
treaty on the voluntary section of common property.

A global agreement is drawn up on the section of jointly related property in solving the issue in court. Previously, a claim containing claims of one of the parties. Former spouses, this expertise is initiated with the presence of evidence of its own right. If in the process of proceedings, between the plaintiff and the defendant, a consensus is reached, and the rights of all parties are met, then in the presence of representatives of the authorities, the necessary agreements are signed, without a decree.

When family relationships come into a dead end, the spouses begin to think about divorce. But this procedure does not always go smoothly. Often, divorce is accompanied by various disputes and legal proceedings. The problem of the property acquired for the entire period of living together is the most common. The process of this advice, if it is accompanied by legal proceedings, is quite difficult. In addition, not too pleasant for both spouses. The only way out of the situation may become a global agreement, indicating the fair section of property between spouses.

Of course, any disputes during divorce can be solved peacefully, including those regarding the division of joint property. But, unfortunately, not all of the raised couples succeed. Therefore, many solve the problems of the separation of the property in court. As a rule, any procedures conducted by the court are accompanied by additional costs. And sometimes these expenses are large enough. It is required to pay for services provided by lawyers and experts. In addition, no one has changed in the payment of state duty.

When the property to be partitioned includes motor vehicles, real estate or business, examination is required. The cost of services of independent experts may exceed one hundred thousand rubles.

In the division of property through judicial instances, precisely expertise are the largest expertise. At the same time, all spending fall on the shoulders of both sides, equal to quantity. But there are optional spending in the division of property through the court. For example, payment of additional expert services or repeated, which may require one of the spouses. The cost of additional expert services pays the person who insisted on their conduct.

All these and other expenses are a family that has decided to divorce and implement the section of property can exclude. It's just done:

the spouses are solved among themselves, to whom that remains and does not attract the court to this case;
when conducting a procedure for divorce with the section of the property, the parties directly at a court session issues a settlement agreement.

The first option is not suitable for everyone, but the second is quite optimal. In this case, the property of spouses will be divided between them not on the basis of court decisions, but in accordance with the information that the settlement agreement carries.

What is a settlement agreement

The agreement referred to as a world is a document drawn up by spouses in the division of property on the basis of a divorce. Family couple that dissolve their relationship independently constitutes an agreement based on individual preferences and mutual understanding. The parties can divide the property as they need, given all household nuances. The court must certify the agreement, after which the case on the division of the property will be closed. Agreement is necessary even before the Court decides on the division of property.

Therefore, the parties should be immediately reported to the court that the section will be implemented according to such a document as a settlement agreement. The document must contain information about what property to whom it remains. For example, the housing after the divorce remains his wife, and the bank deposit takes the husband. The agreement also can also be indicated that the husband has the right to live in the house, which after the section will be belonging to his wife, to any certain moment. The document is prescribed any nuances and conditions relating to the section of the property of former spouses.

If the court has identified the settlement agreement and stopped considering the case on the division of property, then repeated claims for similar issues will not be accepted. Except here is only the case when one of the parties does not fulfill the terms of the compiled agreement.

How is the section of property under the settlement agreement

The section of the ownership of spouses, divorcing marriage, can be carried out in court for the settlement agreement only if it is drawn up during the process of a court hearing. There is an agreement on the division of the property that the parties may arrange, being officially married or after the divorce procedure has already been completed. Do not confuse this document with the World Agreement. It is issued directly during the consideration of the case on the division of property ownership by the court.

It is not necessarily that the document makes up both spouses. It can only be issued one of the parties, after passing to familiarize themselves the second. If both spouses express their full and voluntary consent with the information contained in the document, then they must bore it with their signatures and transfer the judge to ensure that the paper is approved. The court also needs to fully explore the document compiled by spouses. The statement is carried out only after studying on the information that paper contains.

It is also worth noting that the court has the right to argue such documents, but he is not obliged to do this. Therefore, if the Court considers that the conditions prescribed in the Agreement infringe upon the rights of one of the parties or third parties, for example, children of a diluted pair, will refuse to approve. When the document is still approved by the court, the definition is made, according to which the case on the distribution of property is declared closed.

What is prescribed in the document

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique. If you want to find out how to solve your problem - contact the online consultant form on the right or call a free hotline:

Attention! In connection with the latest changes in legislation, legal information in this article could be outreach! Our lawyer can advise you for free - write a question in the form below:

03/21/2019, Sasha Bukashka

The property section is a complex and heavy process. The law provides for a peaceful decision of the issue by concluding a special agreement. It is always easier to achieve a compromise than spoiling nerves in endless court sessions. In this article, we will tell you how to issue an agreement on the section of the joint property of spouses. We propose step-by-step instructions and sample documents.

When the agreement on the division of property is concluded

The voluntary agreement simplifies the proceedings or will help to avoid the court session. Believe it is always easier than swearing from the judge. You can sign an agreement at any time - being married, in the process of its termination and after it. The agreement lies with respect to all things or only part. You can make several documents - let's say, in one will be listed, in the other - the partition is all the rest.

Example

Spouses purchased an apartment. To protect their interests in the future, they have compiled a contract and determined the fate of real estate in case of divorce. Regarding other things, they will be able to negotiate, but housing would have become a serious reason for disputes in court.

After 5 years, they decided to divorce. To simplify the legal side of the family parting, already former spouses issued an agreement and indicated who would get a car, a garage, a land plot and a garden house.

Thus, the section of jointly property will occur on the basis of two agreements. The contract will allow to get things that are really needed to each side. The court often divides property only on the basis of its cost and does not pay attention to the needs of people. So, a wife who does not know how to drive, can get a car, and her husband - a cottage, although he does not like her garden. If you agree and decide all the issues of peacefully - this situation will not appear in the future.

Order of conclusion

You can create an agreement in two ways: on your own or with the help of a lawyer. A sample agreement on the division of property between spouses is on our website. If you act independently, pay attention to the list below. The personal presence of spouses in the preparation of text is not necessary, a lawyer or any other person can write. Signatures on the document Husband and wife put only personally.

You must specify the following information in the contract:

date and place of drawing up;
Full of spouses;
list of property. All that is in total joint ownership should be described in detail. For expensive things and techniques, it is necessary to specify serial numbers and names. When transferring real estate, do not forget to take into account the interests of young children;
whom who is moving under the contract;
transmission conditions. For example, re-registration of apartments - how will happen in which time, etc.;
separately note that the property is not sold, not laid and not arrested.

Optionally, you can convey personal property: things received inheritance or as a gift.

The law makes it possible to conclude an agreement on the benefit value of the share of property.

Example

Wife wants to leave an apartment worth 3 million rubles. By law, she must pay her husband half of this amount. At the same time, the spouse belongs to a country house that was inherited from his parents and estimated at 1.5 million rubles. If the husband agrees, he can get a fraction of an apartment not money, but the transfer of rights to the house. You can share money from the sale of things - but it is necessary to specify this by a separate item.

Do notarization be sure

By law, the design of the notarial agreement on the division of property is mandatory. Without this, the document will not have the strength. The notary will check the text of the agreement, check the rights of spouses to property and explain the meaning. In the presence of notaries, the parties sign paper. Not two are drawn up, but three copies of the agreement - one for each of the parties, and one notary.

Not every notary agrees to assure a document drawn up by spouses. If you yourself have developed the text - you have to call several notaries and find out whether they will agree to sign your contract.

Registration in Rosreestre

After the spouses reached the consent, and the agreement on the division of property is ready, signed and certified by a notary, the transfer of property rights to this property must be registered in Roserestre. To do this, contact Rosreestr directly or through MFC with documents:

Passports (or other legal identity cards).
Marriage certificate.
Receipt of the payment of state duty in the amount of 2000 rubles.
Agreement in 2 copies.
Application from one spouse about registration of ownership.
Application from the second spouse about the registration of the transfer of ownership.

Registration period - 10 business days.

Cost

Agreement on the division of joint ownership of lawyers is from 5,000 rubles. Notary services will cost you about 10,000 rubles - a mandatory rate of 0.5% of the value of the distributed property, but not more than 20,000 rubles. Notaries take additionally up to 5,000 rubles for technical work. Thus, you pay 10-20 thousand rubles. On the notary services cannot be saved, but the contract can be fill in themselves.

State duty in Rosreestr will be 2000 rubles.

Let's summarize

The law allows spouses to avoid appeal to court. To do this, it is necessary to issue an agreement on the division of the spouses. The sample of 2019 has not changed and is available for download. Remember that the fate of all your things is being solved, and if you do not have experience in drafting documents, it is better not to save and contact a law firm. The costs of notaries are already significant, however, you do not need to additionally save on lawyers, the main thing is to save the cost. Keep in mind - it is difficult to arrange this transaction correctly, it is necessary to describe everything well.

Whatever the way you do not choose: independently or through the company, in any case the contract is much better than ships - you will save your nerves, time and good relationships.

The second version of the official transfer of ownership from the spouse to the spouse in the marriage relationship -.

Sample Agreement on the division of spouses

Agreement between spouses on the division of property. Sample p. 1

Agreement between spouses on the division of property. Sample p. 2