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Application for the division of the joint property of the spouses. Documents in court for the division of property

The ownership of joint property and the principles of its division between spouses are given in Art. 256 of the Civil Code (Civil Code) of the Russian Federation, Chapter 7 of the IC (Family Code) of the Russian Federation, norms of the Tax Code (Tax Code), CPC (Civil Procedure Code) of the Russian Federation and other documents. Questions about can be included in the statement of claim for divorce, or sue separately before or after a divorce (clause 1, article 38 of the RF IC). This can be done by any of the spouses with legal capacity.

The division of property during a divorce is considered by the judiciary as an ordinary property dispute relating to common property. Such a claim is subject to a combined fee.

In the event of a divorce with a simultaneous division of property, the case will be conditionally divided into two parts: consideration of the civil law issue of divorce and the property dispute itself.

Limitation period for the division of property

Each of the spouses is vested with the right to demand the allocation of a share from the property within 3 years after the date when he learned about his right (clause 7, article 38 of the RF IC). That is, according to the law, the limitation period for the division of property is 36 months.

  • Often the day of reference is the moment of divorce. But it happens that these dates are spaced apart on the calendar for years.
  • The moment of divorce the date of registration of the divorce in the act book is considered (if the spouses were divorced by the registry office) and the date the court decision comes into force (if the husband and wife divorced through the court).
  • After three years, the judicial authority has the right to refuse the plaintiff to consider the claim.
  • In a valid legal marriage, property can be divided at any time through the court or.

Spouses' property that is not subject to division

Not all property that came into the possession of either spouse during family life is common. Any property that is not considered joint is not subject to division in any case.

  • In the process of divorce, one spouse cannot claim the things of the other if they were acquired before marriage registration(Clause 1, Article 36 of the RF IC).
  • Property received by a husband or wife during marriage is not divided by gift or inheritance, on other gratuitous transactions (as charitable assistance). This is evidenced by paragraph 1 of Art. 36 of the RF IC, paragraph 2 of Art. 256 of the Civil Code of the Russian Federation.
  • According to paragraph 2 of Art. 34 of the RF IC, payments due to industrial injury, targeted social benefits are not considered jointly acquired property and are not divided.
  • On the individual items one of the spouses (clothes, accessories, including medical ones) cannot be claimed by the other (clause 2, article 36 of the RF IC). The exceptions are luxury items: furs, jewelry, antique tableware.
  • Not subject to division intellectual property, inventions and patents created by one of the pair.
  • According to paragraph 5 of Art. 38 RF IC, things purchased for creativity and everyday life of children(clothes, books, musical instruments) cannot be shared. They will be transferred to the parent with whom the children will remain (without compensation to the second spouse).
  • Cash deposits in the name of the child are also not subject to division, but are considered his property (clause 5, article 38 of the RF IC).

You can not divide property if it is prohibited.

Spouses' property to be divided

In the process of divorce, spouses have the right to share joint property, that is, that which was acquired (received) by them during the years of family life. The property of a husband and wife is considered common and is subject to division in equal shares. This is indicated by Art. 39 RF IC. Other conditions may be established by the marriage contract.

  • Joint property includes all income from labor and entrepreneurial activities, inventions, pensions and other non-targeted payments. To the same category belong Joint purchases, deposits and shares, regardless of their value and the name of the spouse indicated in the purchase agreement (clause 2, article 34 of the RF IC).
  • Spousal shares in joint property are equal regardless of the amount of earnings of each, the social status of the spouses or other factors. The statement is true even if one of the couple did not work (studied full-time, was on maternity leave, or did housework). But if the spouse did not have good reasons for this, or he violated family interests, the court may reduce his share in the division of property (clause 2, article 39 of the RF IC).
  • By agreement, a different order of division may be established. It is fixed in an agreement on the division of property between spouses (clause 1, article 252 of the Civil Code of the Russian Federation). If it is not possible to reasonably agree, the size of the shares is determined by the court (clause 3 of article 252 of the Civil Code of the Russian Federation). Disproportionate shares can be compensated by a cash payment.

The debts and credit obligations of one of the spouses are subject to division, if the other was notified about them and did not object (that is, he gave written consent).

Each of these conditions is considered by the court on an individual basis, all factors must be taken into account. Including the investment of labor, effort and finances of one spouse in the improvement or restoration of the personal property of the other (based onArt. 37 RF IC ).

For example, during a joint marriage with his wife, a man bought an apartment. The sale and purchase agreement bears his name and signature, but this housing is the joint property of the couple. If the apartment was bought exclusively with money received by the husband from the sale of the parental home inherited, this is the spouse's personal property. Most likely, the court will tend to such a definition. However, if the wife invested her personal savings accumulated before marriage in the repair and arrangement of the apartment (changing batteries, sewer pipes, installing meters, repairing, buying furniture), she can claim a share in housing ownership during a divorce.

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The content of the statement of claim for the division of property

Sample statements of claim are available from the court. They must contain information according to the list specified in Art. 131 Code of Civil Procedure of the Russian Federation:

  • the name of the court;
  • Full name and place of residence of the plaintiff and defendant (the spouse whose interests are affected and his partner against whom the claim is filed), other information about them;
  • a list of property to be divided, and your vision of how to divide;
  • the circumstances and reasons on the basis of which the plaintiff makes claims, as well as their evidence;
  • the value of the claim is the appraised value of the property. Before filing a lawsuit, the plaintiff orders an assessment of the joint property or part of it, which, in his opinion, is subject to division. Based on the price of the claim will be calculated;
  • list of attached documents;
  • Plaintiff's signature and date of signing of the statement of claim.

The template below will help you simplify the process of filing a claim. You can use it as a template for your own claim.

State duty for filing an application for the division of property with the court

In the selected judicial organization, you must receive a receipt with details for payment. The amount of the state fee for court services is calculated according to the combined principle and depends on the value of the claim for the division of property.

  • The fee that the plaintiff will have to pay for a property claim is stipulated in Part 1, Clause 1, Art. 333.19 of the Tax Code of the Russian Federation. Her body consists from a fixed part and a percentage from the appraised value of the property. When dividing property worth 20-100 thousand rubles, you will have to pay 800 rubles. and 3% of the amount over 20 thousand rubles.
  • If a combined claim is filed with the court (simultaneously for divorce and division of property), the amount of the fee will consist of in two parts. This is evidenced by paragraph 12 of part 1 of Art. 333.20 of the Tax Code of the Russian Federation. According to paragraph 5 of part 1 of Art. 333.19 of the Tax Code of the Russian Federation, you will have to pay 600 rubles. for divorce and add a state duty, depending on the amount of the property claim (clause 1, part 1, article 333.19 of the Tax Code of the Russian Federation).
  • In the case when the property object is not subject to valuation, it will be necessary to pay a fee for it, specified in paragraph 3 of part 1 of Art. 333.19 of the Tax Code of the Russian Federation.

Without a receipt of payment of the fee, the secretariat of the court will not accept the statement of claim.

Filing a claim in court

Most often, a property dispute between divorcing spouses is sorted out in district court. It is in his jurisdiction that there are claims worth more than 50 thousand rubles. The application is submitted to the secretariat of the court, registered and accepted for record keeping, rejected or returned with comments on revision.

  • If the value of the claim is less than the agreed amount, you can apply to magistrate's Court.
  • The claim is filed with the court defendant's place of residence. According to Art. 30 Code of Civil Procedure of the Russian Federation, if the main object of the division is real estate, it is worth going to court according to its location.
  • The claim is submitted along with a receipt for the payment and a package of documents collected on the property.
  • The judicial body operates according to the following algorithm. The court determines the proportions of the divisible property for each party (they are equal by default, unless otherwise specified in the marriage contract). Further, it divides the property into personal and jointly acquired, after which it makes the actual division in kind, in financial terms, or a combination of both.

Deadline for consideration of a claim for division of property

The law establishes a two-month period for consideration of cases on the division of property. Ideally, this much time should elapse from the date of acceptance of the application to the date of the decision (clause 1, article 154 of the Code of Civil Procedure of the Russian Federation). When considering cases by magistrates, the period is reduced to a month.

  • For the agreed time, the claim is registered, the case is considered at a preliminary meeting. Practice shows that the latter is appointed 1-2 months after the plaintiff applies to the court.
  • After it, the date of the main meeting is called (20-45 days after the preliminary meeting). If the court decides to postpone it, the hearing of the case is postponed for another 3-6 weeks.
  • After the decision is made, the judge prepares its final version. Theoretically, this is given 5 days, in fact, the process can be delayed for several weeks.

The division of property in court may take longer than the time provided by law due to repeated postponements of the meeting and other delays.

Issuance of a court decision on the division of property of the spouses and its entry into force

Question answer

My husband and I divorced in 2011. Ten years before we bought a house, the contract was drawn up for it. From the marriage there were joint children 9 and 11 years old. Do we and the children have the right to claim part of the house now?

Since the property was purchased during married life, you own half. However, the statute of limitations on the division of property has already passed, which the defendant may indicate in the course of the trial. Can you prove that you learned about the violation of your rights no more than 3 years ago? If you manage to sue the share, it is unlikely that the interests of the children will be taken into account when dividing the house. That is, count on a maximum of half of it.

My wife and I took out a mortgage. We are still paying off a loan for a car, a land plot and an apartment. According to the contracts, this property is on me, my wife is a guarantor. We are going to get divorced. How can I get the court to award credit property to me? The wife does not go to the world and wants to be divided in half. At the same time, she does not have money to pay loans, since she does not officially work. The bank is also unlikely to agree to the division of the debt.

According to the law, the shares of spouses in common property are half for each. This applies to both property and debt. Try to write a petition that your wife is not able to repay the loan, but you are ready to take on obligations to the bank. And in proportion to the paid debts to receive property, of course.


Filing a lawsuit is sometimes the last decisive step for those spouses who have tried and failed to reach a compromise regarding the division of joint property. Most often, this process is associated with a lot of misunderstandings and disputes - who owns what, who gets what. And only the court can dot the "i".

Before starting a long and troublesome lawsuit, the spouses need to analyze the situation, assess their chances for a successful outcome of the case, think over their actions, and inquire about the procedural procedures. This article is devoted to all relevant issues of filing a claim for a division of joint property.

What can be shared and what cannot

During married life, husband and wife acquire a lot of different property. First of all, it is necessary to find out which property can be divided and which cannot be divided.

The Family Code of the Russian Federation determines that everything acquired by a husband and wife during marriage is joint property. These are salaries / pensions / scholarships, apartments and houses, vehicles, cash savings, household items. It does not matter who acquired the property, whose money was spent for this, in whose name the property was registered - all of it is common.

The only exception is personal property - it is not divided. Personal property includes everything purchased before the marriage, as well as all donated and inherited property, even if the gift or inheritance procedure occurred during the marriage. Personal items (clothes and shoes, hygiene items, and so on) are not shared either.

The property that was acquired for minor children (toys, clothes, educational supplies, sports equipment) is also not divided.

You can read more about this in the articles "and"".

When to divide joint property?

Family law does not establish requirements for the division of joint property. Property can be divided both during the divorce and after the end of the divorce proceedings.

But, as practice confirms, it is better to do it as soon as possible. And there are good reasons for this:

Firstly, the more time passes after a divorce, the less convincing any evidence becomes: checks or receipts are lost, witnesses forget important details of their testimony, life circumstances change and arguments weaken.

Secondly, inflation, depreciation, depreciation. During a divorce, the market value of the property is assessed. The more time passes after that, the more it loses in value.

Thirdly, statute of limitations. 3 years after the dissolution of the marriage, the presentation of property claims against the spouse will be difficult.

Fourth, the duration of the court process for the division of property is several months, and if deliberately delayed, even longer. The longer the issue of division of property is postponed, the more time will pass before the resolution of the property dispute.

Fifth, there is a risk of dishonest behavior of the spouse (for example, the implementation of illegal transactions with common property before its division). The conscientious behavior of a spouse can also play against him (for example, the court may not take into account the repayment of a loan made after a divorce before the division of property and debt obligations).

When to File a Property Division Claim

It is clear that you should not delay too much with the beginning of the division process. But what is the time frame provided by law for this?

In family law (clause 7, article 38 of the RF IC) it is established for filing a claim for the division of matrimonial property. It is three years. True, it does not specify at what point the statute of limitations begins. On the other hand, Article 9 of the IC of the Russian Federation, devoted to the timing, refers us to the norms of civil law, in particular, to paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, according to which the period during which a claim for the division of matrimonial property can be made begins from the moment when the plaintiff learns about the violation of his rights by the defendant. This is also indicated by the decision of the Plenum of the Supreme Court of the Russian Federation No. 15 dated 11/05/1998.

Thus, the three-year statute of limitations begins not from the day of the divorce, but from the day when one co-owner found out about the violation of his rights by the other. This can happen many years after the divorce, if there are reasons for it.

Can I sue for division of property after a divorce?

So, the law allows you to go to court with a claim for the division of property ...

  • during marriage;
  • simultaneously with the divorce proceedings;
  • after a divorce, and not even immediately, but many years after the dissolution of the marriage, if the 3-year limitation period is observed.

It often happens that spouses are divorced by mutual consent through the registry office - this procedure is faster and easier than divorce in court. And after the divorce, sometimes after a long time, they share the property acquired during their married life. Sometimes, after a divorce, spouses continue to peacefully use the property acquired in marriage (living space, cars, furniture and appliances, land and country house), and the reason for the division of property after a divorce may be the abuse or violation of the rights of one of the co-owners by the second co-owner.

Example:

The married couple Gordienko lived in marriage for many years, during which time they built a house in which they lived with adult children. When the divorce occurred, the former spouses did not apply to the court for the division of property, but made it on their own, “in words”, because they continued to live together in the house and use everything that they owned jointly. And only when the ex-husband decided to leave, and to rent out half of the house belonging to him to his relatives, a dispute arose between the co-owners and the need to divide the joint property became obvious.

As mentioned above, a claim for the division of property must be filed no later than 3 years after the plaintiff became aware of the violation of his rights to joint property.

The law does not prohibit going to court with a claim for the division of matrimonial property even after a 3-year period. But it does not guarantee that the statement of claim filed so late without good reason will be accepted and considered by the court.

The possibility of dividing property after a divorce, if more than 3 years have passed, depends on the grounds and reasons for such a step. If after more than 3 years the plaintiff learned about the violation of his property rights by the co-owner, ex-husband or wife, then the limitation period begins exactly from the moment when he learned about such unlawful actions. But if there were no violations of his property rights, he has no grounds for extending the expired 3-year limitation period.

Example:

The Antonovichs divorced, but continued to use the summer cottage together, bought during the marriage and registered in the name of her husband. Subject to the rules for sharing a summer cottage, there is no reason to divide it after 3 or more years. Another thing is if the husband decides to sell the dacha plot registered in his name without taking into account the interests of the ex-wife, who is a co-owner of marital property. At this point, you can and should file a lawsuit.

Claim procedure

So how do you get started with filing a claim? Appeal to the court with a statement on the division of property is necessary if the spouses could not agree and divide their assets by mutual agreement. Judiciary means:

  1. Filing an application for the division of property.
  2. Making claims.
  3. Presentation of evidence.
  4. Trial.
  5. Issuance of a judicial act with a detailed indication of to whom and what property is transferred.

Which Court Considers the Division of Property in a Divorce?

The case on the division of matrimonial property is considered either by the district (city) court or the magistrate's court.

The magistrate's court is considering a claim, the price of which does not exceed 50 thousand rubles. Claims with a price of more than 50 thousand rubles are considered by the district (city) court.

The case on the division of matrimonial property will be under the jurisdiction of the district (city) court even if the value of the claim is less than 50 thousand rubles, but the claim contains other claims that are subject to consideration in this court (on divorce, on determining the place of residence of the child for the recovery of alimony).

The price of the claim is the value of the joint matrimonial property, which the plaintiff claims when dividing in court. The price of the claim also includes the amounts of money to be recovered and specified in the statement of claim - alimony, forfeit (fine, penalty), debt.

As a general rule, a claim for the division of matrimonial property is filed at the place of residence of the defendant. You can file an application at your place of residence if, in addition to the requirement for the division of property, the claim contains requirements for the dissolution of the marriage or the recovery of alimony.

Submission of documents to court

The result of its consideration depends on how legally correct, complete and detailed the statement of claim is, how well-argued the arguments are and how convincing the evidence is.

How to file a claim correctly?

  1. The so-called "cap" consists of the name of the court, the data of the plaintiff and the defendant (full name, place of residence), as well as the price of the claim;
  2. Then follows the name of the document - "Statement of claim for the division of the joint property of the spouses";
  3. The main part of the claim includes information about ...
  • date and place of marriage and divorce;
  • minor children born in marriage;
  • whether there was a division of property before, whether a marriage contract or an agreement on the division of joint property was concluded;
  • a list of the property that is the subject of the dispute (name, location, technical characteristics, distinctive features, date and place of acquisition, ownership - personal or joint);
  1. Reference to the norms of the legislation on the procedure for the division of joint property (Article 39 of the Family Code of the Russian Federation);
  2. Claims for the division of joint property:
  • divide property in equal or unequal shares with justification of the reasons for the inequality of shares - living with minor children, disability;
  • a list of property that the plaintiff intends to receive in his ownership and property that he proposes to transfer to the ownership of the defendant;
  • the amount of compensation if the property cannot be divided equally in kind;
  1. The date the claim was filed;
  2. Plaintiff's signature.

In addition to the claim, you will need to submit:

  • the passport;
  • documents on the conclusion and dissolution of marriage;
  • documents on the birth of common children;
  • documents confirming the existence of common property: copies of technical passports for cars, extracts from the USRN for real estate, sales or contract agreements, checks and receipts;
  • documents confirming the exclusion of property from the general structure;
  • other documents;
  • receipt of payment of state duty. The calculation of the amount of the state fee is carried out on the basis of the value of the claim (the total value of the joint property).

State duty

When filing a claim for the division of matrimonial property, a state fee is paid. A document confirming its payment must be attached to the statement of claim. Due to the lack of such a supporting document, the claim will remain motionless, and if the check or receipt for payment of the state duty is not attached within the prescribed period, the court will return the claim.

The amount of the state fee is calculated based on the value of the claim - the value of the property and the amount of money to be recovered, which the plaintiff claims in the event of a divorce (usually half the total value of the property). The special formula by which the state duty is calculated is set out in Art. 333.19 of the Tax Code of the Russian Federation. It consists of a fixed amount and an interest rate.

You can read more about the calculation of the state duty in the article, and if you still have questions or need help, contact our lawyer for a free consultation.

Since the amount of the state duty can be quite impressive, it is possible to defer payment, installment plan or reduce the amount of the state duty.

Litigation and Judgment

During the consideration of the case, the court listens to the arguments of the parties, considers the evidence provided, and, if necessary, ensures the protection of property by seizing and prohibiting the alienation of property, appoints an independent assessment of the entire property of the spouses or a certain part of it.

There is an established judicial practice for considering claims for the division of matrimonial property, based on the norms of family law (articles 34, 37-39 of the Family Code of the Russian Federation). In the vast majority of cases, the court divides everything equally. And if the division is equally impossible, then the spouse who gets the largest part must pay monetary compensation to the second spouse who is left with the smaller part.

In exceptional cases, an unequal division is possible. One of the spouses can receive a large part in such cases as the sole upbringing and maintenance of common minor children, unscrupulous and misuse of family budget funds by the second spouse.

Determining what property will go to each of the spouses, the court takes into account such factors as occupation, living conditions, place of work, income level, health status, and so on.

Example:

Two years after the divorce, citizen Orlova filed a lawsuit to divide the car. The car was purchased on credit by her ex-husband, citizen Vasiliev, before marriage, but during their married life, the balance of the loan was paid at the expense of the family budget. In addition, after the accident, the restoration of the car was required, for which family funds were also spent. After the divorce, the couple agreed to share a car, but since a year later Vasiliev moved to another region, the agreement became impossible to fulfill. Later, Orlova learned about the unhindered sale of a car registered in the name of her ex-husband and went to court with a lawsuit on the division of property. Having considered the claim, having studied the documents submitted by the plaintiff (a loan agreement, bank statements and receipts, an administrative protocol, an expert assessment of car damage, receipts for the purchase of spare parts, an agreement on maintenance and repair of a car), the court decided to oblige Vasilyev to pay his ex-wife half of the proceeds from car sale sum of money.

settlement agreement

Even during the trial, the spouses have a chance to divide the joint property at their own discretion. They can conclude - until the moment the judge leaves the courtroom to make a final decision in the deliberation room.

If the court is convinced that the Settlement Agreement was concluded voluntarily, its terms do not infringe on the property rights of the husband or wife, he approves it by his decision.

Enforcement proceedings

If the division of property occurred simultaneously with the dissolution of the marriage, the spouses must register this act with the registry office and obtain a certificate of divorce.

Then they will have to enter into ownership of the awarded property and register the right to real estate. In case of obstruction of one of the spouses to the execution of the court decision, it is necessary to apply for the compulsory recovery of property.

Ask a question to an expert lawyer for FREE!

The division of jointly acquired property brings a lot of problems to the former spouses. Issues related to this topic are often resolved only in court. And not always divorced citizens are satisfied with the result. What should you know about the acquired during the marriage? How to divide everything available between the ex-husband and wife in court? Is there any way to protect yourself from disputes in advance?

Miscellaneous property

The first step is to understand what property is to be divided. Not all things and objects acquired in marriage are subject to the procedure being studied. It all depends on the type of property.

There is something called personal property. It includes personal items, as well as everything that belonged to a person before marriage, or transferred in the form of gifts or inheritance.

But common property is everything that was acquired during the marriage. Plus jewelry. They, even donated to a specific person, are still considered common. An exception is the transfer by donation. It does not matter to whom certain objects are designed. The main thing is that they be acquired during the period of officially registered relations.

In Russia, only the division of jointly acquired property is provided. In marriage, few people think about this process. But in the period of termination of relations, this issue becomes very acute. How can it be resolved?

In advance

You can offer to take care of property disputes in advance. Now in Russia there is such a thing as This is a document that allows you to establish to whom and what, as well as in what quantities will be laid out of the common property. Many consider such a step the height of mistrust. After all, initially they want to conclude a marriage once and for all life.

In fact, a prenuptial agreement is just a guarantee of a quick divorce if the relationship does not work out. Indeed, in this case, the division of the jointly acquired property of the spouses will not cause any trouble. Everyone will receive as much as it is written in the terms of the agreement.

The main advantage of such a document is that the contract can be concluded at any time during the marriage. And its effect can extend both to existing things and to all upcoming purchases.

There are several tips that will help simplify the process of dividing the common property of a husband and wife. In order not to have to file an application for the division of jointly acquired property with the relevant authorities, it is recommended to immediately draw up a marriage contract. It prescribes all the principles of dividing property in a divorce.

What is the best way to draw up a contract? Much depends on the level of trust in the family, but most often the conclusion occurs according to the following principles:

  1. Everything that is registered in the name of a particular spouse is considered his personal property, regardless of whose money the purchase was made. A good reception, but then, even in marriage, disputes are not ruled out when registering property for one or another family member.
  2. All jointly acquired things are divided strictly 50/50.
  3. Separation by shares depending on the contribution of each of the spouses to a particular property.

The most profitable option is the second alignment. Although sometimes this technique leads to discord in the family. Therefore, many try to limit themselves to the first scenario.

Documents for concluding a marriage contract

In order not to have to think about the division of jointly acquired property, as already mentioned, you can discuss the terms of the division in advance, and then conclude a marriage contract. It is signed in the presence of a notary. And in order to issue it, you need to bring with you the following list of documents:

  • an agreement indicating all the features governing property disputes;
  • passports of husband and wife;
  • Marriage certificate;
  • documents that confirm the fact of payment for notary services.

Next, the spouses should visit the notary's office. There, the notary checks the contract for compliance with the laws established in Russia, then the spouses sign the agreement, and the relevant employee puts his certification on the document. This completes the process. And in case of a divorce, it will be enough to present a marriage contract in court.

No problem!

settlement agreement

The next variant of the development of events is the signing of a "world" one. Such an agreement on the division of jointly acquired property differs significantly from a marriage contract. It is drawn up either in court or shortly before the divorce.

Spouses usually simply prescribe what property and who gets it. You can call it an analogue of a marriage contract. Only in this case, all common shared items and real estate are indicated in the text of the agreement.

If we are talking about an agreement that citizens came to before the trial, then you can contact a notary. The principle of registration is similar to the marriage contract. Only an agreement on the division of jointly acquired property in this situation will indicate what exactly and to whom will belong after the termination of the relationship.

When a claim is filed

But most often it is the claim for the division of jointly acquired property that takes place. Many are interested in when it is required to apply with the relevant application. The answer here can be unequivocally - during the period of filing for divorce. Or rather, in parallel with this operation.

As practice shows, in the registry office in the presence of property disputes, as a rule, they do not breed. Therefore, you need to immediately go to court. And already in this instance, not only the termination of relations will occur, but also the separation of everything that was acquired during the marriage.

In general, according to established laws, you can engage in the division of property at any time. Now they offer to share everything that is available:

  • during the period of marriage;
  • at the time of divorce;
  • after the dissolution of an officially registered marriage within 3 years.

Most often, it is the second scenario that takes place. After all, often even the very dissolution of marriage has to be carried out through the courts. And I immediately want to resolve all disputes so as not to return to them again.

Where to go

Where can I file a claim for the division of jointly acquired property? Controversial question. It all depends on the value of shared items and objects. Attention should also be paid to this. After all, if citizens turn to the wrong authority, they will simply be refused.

Disputes related to the division of common property and things of the spouses, the total value of which does not exceed 50,000 rubles, are resolved in the magistrate's court. It is here that you need to contact if, for example, a couple has practically nothing expensive.

Otherwise, where can you file a claim? The division of jointly acquired property can take place not only in magistrates' courts. If the dispute is on a larger scale, then they turn to the district judicial authorities for help. Accordingly, the application is submitted to one or another court. Everything depends on the situation.

The documents

What does it take to bring an idea to life? The division of jointly acquired property, as already mentioned, is carried out mainly in the district court at the place of residence of the plaintiff. And only occasionally in the world. Regardless of the type of judicial authority, it is necessary to collect a certain package of documents that will help solve the problem.

So, the plaintiff must bring the following package of papers with him to the chosen instance:

  • a statement of claim on the division of jointly acquired property for the period of the relationship;
  • identity card (passport);
  • its termination (depending on the situation);
  • ownership documents;
  • evidence of a contribution to common property (indicating the significance of investments);
  • birth certificates of all minor common children (if any);
  • information about the defendant (optional).

Then, within 30 days, the application will be considered, and the citizens will be assigned a court session. During it, most likely, the court will offer to conclude a "peace." If this is not possible, then there will be a division of property at the discretion of the judiciary. As a rule, everything is divided 50/50. And only in some cases it is possible not to subject any real estate to the section.

General recognition

It also happens that one of the spouses has significantly invested in the property of the husband / wife. And personal finance. Then you can recognize the property as common. And even if it was acquired before marriage, all the same, such property is subject to division. The main issue here is proof of embeddings. After all, a person should only pay for the improvement of his spouse's property from his personal finances. For example, there was a payment for a major overhaul or restoration. In this situation, the court will take this into account. And with sufficient evidence, the premarital apartment will be shared as a common one. An application for the division of the jointly acquired property of the spouses must necessarily confirm in this situation that all expenses were made for the person’s personal money.

  • income of all family members;
  • pensions;
  • allowances;
  • scholarships
  • interest on deposits and the deposits themselves;
  • income from real estate transactions.

In general, almost all the profit that is received by citizens in marriage can be recognized as common money. Regardless of which spouse brought it into the house. But the inheritance and funds received as gifts are not considered common. Absolutely, as well as the deposits / money that the husband and wife had before the official marriage.

So sometimes personal property through the court can be recognized as common, and then divided. This will require some evidence. Often all significant contributions can be proved. This should be remembered.

Agreement

Now it is clear how the division of jointly acquired property takes place. which will be presented next is just a template. Based on it, you can draw up an agreement on the division of everything acquired in marriage. The agreement will look something like this:

We, Ivanov Ivan Ivanovich (passport data) and Ivanova Maria Petrovna (passport), by this agreement establish the procedure for dividing our property in the event of a divorce.

  • 1-room apartment located at the address: Tula, st. Miroshnichenko, house 5, apt. 15, goes to Marina Petrovna;
  • garage in the village of Kulikovo, on the street. Kirov, 45, and the car "Nissan Qashqai" 2002 release - Ivanov Ivan Ivanovich;
  • kitchen set (corner sofa and folding table) - Ivanova Marina Petrovna;
  • TV "Samsung", diagonal 22 inches - to Ivan Ivanovich.

We are familiar with the terms of this agreement, we have no claims against each other. All other jointly acquired property is divided in half. Jewelry is recognized as the property of the person to whom they were presented.

lawsuit

What will a claim for the division of jointly acquired property look like? In fact, it is not much different from the agreement. But the difference is still visible. You can use the following template:

I, Ivanova Maria Petrovna (passport data), ask to make a division of the jointly acquired property during the period of marriage with Ivanov Ivan Ivanovich. During the period of officially registered relations, we acquired:

  • 1-room apartment, 31 square meters, purchase date 07/22/2012;
  • kitchen set purchased on May 15, 2013;
  • LCD TV "Toshiba" with a diagonal of 65 inches, 12/9/2013.

I also made investments in the repair of the premarital apartment of Ivan Ivan Ivanovich. I ask you to recognize this property as common and to make a division in accordance with established legislation. All documents and receipts are attached.

This is what a "lawsuit" about the division of jointly acquired property looks like. This is just a template. It helps to understand the general principle of drafting a document. In a similar way, all property that a husband and wife have in marriage is signed. And then the request to share it is published.

Every marriage is accompanied by everyday relationships, the family constantly makes purchases. Jointly acquired property is what is acquired during the marriage, from apartments and cars to spoons and plates. Living together, spouses do not think about who owns these or those things to a greater extent, and after a divorce, everyone tries to pull the blanket over to their side. To avoid unpleasant moments during the division, it is important to follow some rules, and sometimes know how to draw up a statement of claim.

When can I file a property division claim?

The limitation period for the division of property is 3 years. He starts counting:

  • since the divorce
  • from the moment when the rights of one of the spouses are violated.

If, after a divorce, both spouses use their acquired property, then a violation of the right to common property is:

  • alienation of common property against the will of the spouse (donation, sale, exchange);
  • impeding access to common property as a result of the actions of one of the spouses;
  • disputes over the use of common property;
  • separation and provision by one of the spouses.

If the spouses cannot agree on the rights to the jointly acquired property after the divorce, a lawsuit is filed

How to write a statement of claim for the division of jointly acquired property of the spouses

If the parties could not agree amicably and the amicable agreement has not been concluded, it becomes necessary to write a statement of claim to the court.

A claim for division of property is filed by:

  • being married;
  • after the dissolution of the marriage.

Sample statement of claim (including after a divorce) and writing requirements

Mandatory in the claim are:

  • grounds for filing a claim;
  • information confirming the veracity of the applicant's words;
  • a petition for divorce and the appointment of alimony (if, together with the division of property, the court considers the dissolution of the marriage);
  • request for the division of jointly acquired property.

It is important to indicate in the statement of claim what exactly you are applying for and on the basis of what documents you confirm your right to this property

When giving a list of property requiring division, it is advisable to indicate the property that was:

  • wasted;
  • sold;
  • destroyed.

This property must be taken into account, because the court can award compensation for it.

It is also mandatory to attach the following documents:

  1. marriage certificate (or copy);
  2. copies of birth certificates of children certified by a notary;
  3. a receipt confirming the fact of payment of the state fee;
  4. list of property to be divided;
  5. documents confirming the ownership of the divisible property;
  6. income statements of both spouses;
  7. copies of the statement of claim (in the amount required by the court);
  8. other documents and certificates (at the discretion of the plaintiff);
  9. other documents and certificates (required by the court).

Division of property under a marriage contract

Marriage contracts are drawn up, as a rule, in order to change or fix the status of property that was bought during marriage or it was already owned. For example, it may stipulate who will get the dacha if it is purchased.

If the marriage contract is drawn up correctly, with the consent of both spouses and without violating their rights, then the division of property takes place in the manner established in the marriage contract

Benefits of concluding a prenuptial agreement:

  • spouses indicate subjectively the property acquired during marriage (who and what will get in the event of a divorce);
  • definition of shared and separate property (for example, 2/3 of the house will go to the wife, 1/3 to the husband).

Thus, the division of property specified in the marriage contract will take place in the manner prescribed by the contract itself. All other property is divided on a common basis. In order for the court to consider the case on the division of your property, you must draw up a claim. In the list that you declare, you need to indicate only property that is not stipulated in the marriage contract. Otherwise, such a claim is drawn up according to the general rules.

However, if the contract says that in the event of a divorce, everything goes to one, then the second spouse (if desired) may demand that such an agreement be declared invalid (according to clause 1, article 44 of the RF IC) or demand its termination on legal grounds.

Video: division of jointly acquired property

State duty

If you decide to divide the common property through the court, then the amount of the state fee depends on the value of the claim as a percentage. The plaintiff himself calculates the cost based on the list and valuation of the property. It is necessary to pay the state duty before filing a claim, so that by the time of filing a receipt for payment was on hand. The amount of the fee varies from 400 to 60,000 rubles.

  • if the amount of the claim is not higher than 20,000, then the fee is 4% of the value of the claim, but not more than 400 rubles;
  • if the amount of the claim is over 20,000 to 100,000 rubles, then the fee is 800 rubles + 3% of the amount exceeding 20,000 rubles;
  • if the amount of the claim is over 100,001 to 200,000 rubles, then the fee is 3,200 rubles + 2% of the amount exceeding 100,000 rubles;
  • if the amount of the claim is over 200,001 to 1,000,000 rubles, then the fee is 5,200 rubles + 1% of the amount exceeding 200,000 rubles;
  • if the amount of the claim is more than 1,000,000 rubles, then the fee is 13,200 rubles + 0.5% of the amount exceeding 1,000,000, but not more than 60,000 rubles.

Jurisdiction, where to apply

Jurisdiction is determined by two criteria:

  • the cost of a claim for the division of property (if up to 50,000 rubles, then in the world court, if more than this amount, then in the district court);
  • territorial location.

If the plaintiff claims to divide the house or apartment, then the statement of claim can be filed with the district court at the location of this property

Usually, the application is filed with the court at the address of the defendant. But there are some exceptions:

  • if the defendant lives in another city or region, and his exact address is unknown, you can file a claim at his last known address (for example: the place where he lived in marriage) or at the address of his (or common) property;
  • if the subject of the division is real estate, you can file a claim at the location of this real estate;
  • if there are common minor children from the marriage who, after the divorce (and division), will remain to live with the plaintiff, you can apply at the place of residence of the plaintiff;
  • if the health of the plaintiff does not allow him to go to court at the place of residence of the defendant, the plaintiff may file a claim at his place of residence;
  • if, along with a statement of claim for divorce and division of property, an application is filed for the recovery of alimony (for himself or a child), the plaintiff can also apply to the court at his place of residence.

Change of shares in the division of common property

When dividing jointly acquired property, they are guided by the “rule of equality of shares”.

Each spouse is entitled to half of the common property.

Clause 1, Article 39 of the Family Code

The courts are repelled by this. Even if one of the spouses did not work at the time of acquiring any property, did not have an independent income, but, for example, looked after a small child. Exceptions are cases when the spouses entered into a marriage contract. But sometimes the court may deviate from the principle of equality of shares.

Grounds for reducing or increasing shares

If there are property disputes, the court will not take into account the relationship between the child and the parent. That is, regardless of intra-family relations, the court prioritizes the interests of the child.

If a dispute arose about property rights in a family with minor children, the court changes the quality of the shares in favor of the interests of the children. For example, if the subject of the dispute is an apartment in which the plaintiff lives with a child, then the size of the share increases in favor of the interest of the child. And also if the child remains after the divorce with the defendant, the court takes into account his interests. However, some believe that part of the shares goes to the child, this is a wrong opinion. Since the lawsuit is between the plaintiff and the defendant, the shares increase in favor of one of them.

In property disputes between spouses who have a common minor child, the interests of the child are priority

Situations that may give rise to a change in shares

The court may derogate from the rule of equality of shares if there are:

  1. Minor child. To the share of the spouse with whom he will live, are added the things the child needs. For example, his furniture, musical instruments, clothing, etc. They are not subject to division, and compensation for them to the other party is not provided.
  2. A serious illness or disability that prevents the ex-spouse from securing the same existence as it was before marriage. This requires documents from doctors.
  3. Waste or irrational use of the family budget. For example, when a rash expensive purchase caused a debt.
  4. Alcoholism, drug addiction or passion for gambling, they allow parasitism and irrational spending of common funds.

If the initiator of the deviation from the equality of shares is one of the spouses, then he must submit strong arguments and arguments to the court. For example, at the time the car was purchased by a working spouse, the second one was parasitic, there are no children in common, and now the car will be divided. The spouse, who did not participate in the purchase of the car, demands either the car or compensation for it, since the vehicle was purchased during marriage. The court can change the shares in favor of the working spouse if he submits supporting documents and solid, undeniable evidence.

However, the court has the right not to take into account your request for a change in shares and act on the principle of equality, deviating from it only in the interests of children or other important situations. Therefore, it would be logical to contact an experienced lawyer, he will delve into all the nuances of your case and help you correctly fill out an application in which it will be difficult to ignore a request to change the share.

Statement of claim for an increase in the share in the division of property

The statement of claim is drawn up in the same form as the usual statement on the division of property. It lists the property to be divided and indicates the basis on which the share must be changed.

To change shares during the division of property, a clause stipulating the conditions for changing shares, reasons and arguments is mandatory.

Deadline for consideration of a claim

The time it takes to process a claim depends on many factors. So, due to frequent postponements of the hearing, the process can be delayed for up to 2 months (in the case of consideration by the Magistrate's Court - 1 month). It is often impossible to submit an application the first time, correctly collect all the necessary papers and reach an understanding with the other party at the first hearing. Consideration of the case also has to be suspended if it is impossible for one of the parties to participate, for example, due to illness.

After the court has made a final decision, it is drawn up and a week later (in theory - 5 days) is issued to both the plaintiff and the defendant. If one of the parties does not agree with the decision of the court, an appeal can be filed. This is given a period of 1 month. After the expiration of the appeal period, if the complaint has not been filed, the court decision comes into force.

How to split a car

The car is also considered jointly acquired property, and it does not matter to whom the documents are issued. Usually, in order to share a car, it is sold legally and the proceeds are divided in half. Another option for separation is that one of the parties takes the car, but pays compensation to the other party. But only the court decides who gets the car, and who gets compensation.

Usually the vehicle goes to the one who used it more often while married. But the court has the right to consider who needs transport more. For example, a car was purchased and registered for the spouse who earned money for the purchase. The second spouse at that time did not work, but looked after a disabled child. The court has the right to leave the car to the person with whom the child remains, if it is in the interests of the child.

With a high degree of probability, the car after the divorce will remain with the one who uses it more often

In order to start a lawsuit, you need to prepare the following documents:

  • a claim with a mandatory request for the division of a motor vehicle;
  • a receipt confirming the fact of payment of the state fee (calculated based on the value of the claim);
  • marriage registration certificate;
  • documents for the car (purchase agreement, certificate, insurance, etc.).

In order for the division of the car to be fair, it is advisable to hire a professional appraiser even before filing a claim. Sometimes disputes are resolved at this stage. Having learned about the real market value of the car, the spouses agree on the division themselves. If the case still goes to court, the expert assessment will cause more confidence both in the court and in the second party. In cases where the family purchased 2 cars, the party that got the more expensive one pays the difference to the other party.

Claim for car division

If the car is more expensive than 50,000 rubles, then the application is submitted to the city court (district). The application must indicate the following:

  • the name of the court, the name of the judge, the address of the location;
  • information about the plaintiff (full name, date of birth, residential address);
  • information about the defendant (full name, date of birth, residential address);
  • the price of the claim;
  • description of the problem at the section;
  • actual request.

The application itself is typical (on the division of property).

Video: section of an apartment after a divorce

Counterclaim for division of property

It is clear that the initiator of the divorce (and the division of property) will try to act in their own interests. But the law provides for measures that can be taken by the other party that has retaliatory claims. The most effective way to defend your rights is to file a counterclaim for the division of property.

A counterclaim can be filed:

  • before the commencement of the case;
  • directly during the process.

Such a claim should be directed to the same judge who hears the first division claim. It is important that the counterclaim be accepted before the decision on the first claim is made. The form of a counterclaim is similar to the form of a statement of claim for the division of property. But there are some exceptions:

  • you need to indicate the exact time of being married;
  • in the list of joint property, the exact time of acquisition and cost must be indicated;
  • it is necessary to clarify where the subject of the dispute is located at the moment, by whom it is operated and who bears the costs of maintaining it;
  • an obligatory item is an indication that this claim is a counterclaim.

A counterclaim for the division of property can be filed at any time before the decision is made, for example, after the court has sent the documents on the first claim

There are some tricks in drawing up claims of this kind:

  • at the time of filing a counterclaim, it is necessary to draw up a peace agreement on the division and send it to the other party (during the consideration of the case, this will be taken into account by the court in a positive direction);
  • the property that is disputed in both claims must be described in detail (for example, an Italian sofa, brown, manufacturer “Alisa”, a scratch in the form of a triangle on the back), this will help in case of an attempted substitution by the other party;
  • filing a counterclaim has the right to apply for the arrest of the disputed property (if a conflict broke out between the parties, you can attach testimonies and other evidence).

Objection to a claim for division of property

An objection is a document based on disagreement with the arguments of the other side. In order for the court not to reject the objection, it is necessary to study the case materials sent by the court well, to isolate the points that cause disagreement. And having secured more weighty arguments and evidence, make an objection.

In the objection to the statement of claim for the division of property, you must clearly state your position, referring to the laws and providing evidence to support your position.

Consideration of the objection takes place in the general manner, simultaneously with the consideration of the statement of claim. If necessary, the court may appoint expert examinations or require the submission of additional documents. In cases where the objector cannot independently obtain all the necessary papers that serve as evidence, a petition can be filed for the recovery of documents.

What is the deadline for filing an objection? It should be filed immediately after receiving the statement of claim and the court ruling (the ruling specifies the deadlines for filing objections).

Appeal

Unlike an objection declaring disagreement with the arguments of the statement of claim, an appeal is a challenge to a court decision. So, an appeal can be filed if you are familiar with the claim, agree with all of its points, but do not agree with the court's decision on the case. Or in cases where the court decision has already been made and you did not have time to file an objection.

In an appeal, it is important to confidently use knowledge in the field of legislation, otherwise it is advisable to contact a lawyer

You can file an appeal more than once and at different levels. It is important to respect the deadlines set for the possibility of an appeal. You can file a complaint against a court decision within a month from the date of the decision on the division of property.

If it was not possible to agree peacefully and it came to litigation, you need to think about whether things are worth such an effort. If the desire to retain the right to use property outweighs the cup of good relationships, it's time to think about contacting a law office. Experienced lawyers are familiar with the intricacies of local legislation and jurisprudence, and the cost of services is unlikely to exceed the cost of a claim.

How to prepare and file an application for the division of property in court? What does such a claim look like and what conditions does it contain? Is it possible to apply jointly for the termination of marriage and to divide the property acquired jointly? What can the defendant claim, and how does he claim his rights? You will learn about all the important points in the division of property between spouses from this article.

How to apply for division of property

A claim to the court for the division of property is filed (Article 38 of the RF IC):

  • at the time of marriage;
  • simultaneously with the application for the dissolution of the marriage union;
  • when considering a case on termination in the form of additions.

Any capable spouse is eligible to apply.

It should be noted that the requirements under the section relate to property, therefore, in order to present them, it is necessary to pay a state fee. Its size is determined on the basis of paragraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. When opening a case at the same time on an application for divorce, a fee is also charged for filing a non-property claim on the basis of subparagraph 3, paragraph 1, article 333.19 of the Tax Code of the Russian Federation. Thus, the state duty will be combined.

Calculation example:

A lawsuit was filed with the court to terminate the marriage, demanding the division of jointly acquired property.
The amount of the state duty will be:

  1. For a non-property dispute on the dissolution of a marriage union - 300 rubles.
  2. For the division of property acquired by the family, estimated at 500 thousand rubles - 1% of the amount of more than 200 thousand rubles. plus 5200 rubles, total 3200 rubles.

Total state duty on the claim: 3,500 rubles. (300 + 3,200 rubles)

When the requirements are divided, a statement of claim for the division of jointly acquired property can be filed within 3 years from the moment the record of divorce is entered in the book of acts of the registry office (clause 3 of article 38 of the RF IC).

If the application for partition is filed outside the deadline, the court may refuse to consider the dispute and close the case.

In case of dissolution of marriage by court, the period is determined from the date of entry into force of the judicial act.

The division of property can be carried out both while being in an official marriage, and simultaneously or after its dissolution in the registry office or in court.


How to apply for divorce and division of property

A sample claim for the division of property can be found on information boards in court or on the Internet. The following details must be indicated in the application (Article 131 of the Code of Civil Procedure of the Russian Federation):

  1. The name of the court. When evaluating a claim up to 50 thousand rubles. should apply to the world court, more - the district court.
  2. Personal data of the plaintiff and defendant: full name, registration addresses, telephone numbers.
  3. List of property for division. The assessment can be determined independently by the plaintiff, by agreement of the parties, or reflected in an expert opinion.
  4. Grounds for in the specified proportions. Written justification: receipts, receipts, agreements with a creditor, etc.
  5. Evidence that the claim was sent to the defendant or a copy of the application. Copies of documents supporting the claim. The originals are provided for verification at the hearing.
  6. The date of filing of the claim and the signature of the claimant. When submitting an application by a representative, it is necessary to attach the original power of attorney to conduct business in court.

A receipt confirming the payment of the state duty is attached to the claim. Without this document, the court will leave the application without consideration.

Mandatory attachments to the application in copies:

  • Marriage certificate;
  • a document on the dissolution of the family union - a court decision or a certificate of the registry office;
  • birth certificates of children;
  • list of property to be divided;
  • if available, an agreement on the distribution of shares or property in joint ownership;
  • a marriage contract, if the document was signed by the parties before going to court;
  • contracts of sale, certificates of inheritance, certificates from bank accounts to justify the personal ownership of each spouse for individual items.

The form of the document can be used as the basis for drawing up a claim for the division of property.


How to apply for division of property

The claim is filed with the district court of general jurisdiction at the location of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation). In exceptional cases:

  1. If the defendant is constantly abroad or his address is not known, - at his former address or the location of property, including real estate (clause 1, article 29 of the Code of Civil Procedure of the Russian Federation).
  2. When a minor child lives with the plaintiff or travel to another region is difficult for the initiator of the process, - at the place of residence of the applicant (clause 4, article 29 of the Code of Civil Procedure of the Russian Federation).
  3. If the main property to be divided is real estate, then the claim is filed at its location (Article 30 of the CPC PF).

The application is printed in triplicate. One for the defendant, the second for the court, the third remains with the plaintiff.

A copy of the document for the defendant or a receipt for postage is attached to the claim. An application is submitted to the court:

  • personally to the office, in this case a mark with the date of acceptance is placed on the plaintiff's copy;
  • through the branches of the Russian Post by a valuable letter with an inventory and notification.

When accepting the application, the court issues a ruling indicating the date of the preliminary hearing. If the requirements of the law are not met when drawing up the claim, then the application may remain:

  1. Without movement (Article 136 of the Code of Civil Procedure of the Russian Federation) - the procedure for filing a claim was not followed, there are no documents substantiating the position.
  2. Without consideration (Article 135 of the Code of Civil Procedure of the Russian Federation) in cases where the claim is filed:
  • disabled citizen;
  • by an unauthorized person - a representative in the absence of a power of attorney;
  • to a court that does not consider cases of this category, for example, a district instance instead of a magistrate's court;
  • the case is already pending in another proceeding.

If the trial is suspended, 10 days are given to eliminate the shortcomings when filing a claim. The term is calculated from the moment the applicant receives the court ruling. The date is established by an entry in the court about the receipt of the document in hand or by a stamp of the Russian Post on the envelope with the definition or on the notification of delivery.

If the plaintiff does not eliminate the shortcomings indicated in the judicial act, the application is returned together with all the materials, the case is terminated (clause 2, article 136 of the Code of Civil Procedure of the Russian Federation).

Judicial acts may be appealed to the appellate instance (clause 3 of article 136 of the Code of Civil Procedure of the Russian Federation).
For disputes considered in district courts, a period of 2 months is provided (clause 1, article 154 of the Code of Civil Procedure of the Russian Federation). To make a decision by the world court at a price below 50 thousand rubles. month is allocated.


Consideration of an application in court for the division of property

After accepting the claim, the court sets a date for the preliminary hearing. The parties are summoned by subpoena.
During the conversation, the requirements of the party, the arguments of the defendant are clarified. Copies of documents attached to the application are verified with the originals. They are marked by the secretary of the court about their identity, then they are filed with the case materials.

The court checks the valuation of the property. The judge asks questions to the parties, analyzes the documents for the fact of identifying common objects purchased in marriage. Finds out whether personal property is included in the list of property subject to division.

The judge of the first instance considers the claim on the merits. This means that all the circumstances of the section and the evidence are evaluated in the aggregate. Even if the claims are based on the award of certain types of property or part of it to one of the parties, the court has the right to make a division at its own discretion, based on the situation.

At the request of the parties or in case of their failure to appear, the court may postpone the date of the court session. In the absence of the parties twice when considering the case without warning and good reason, the court has the right to leave the claim without consideration. The case will then be terminated, and the applicant will be deprived of the opportunity to file a similar claim a second time on the same grounds.

The operative part of the decision shall be announced at the court session. The full text of the judicial act with the motivation component is made within 5 days. You can pick up the document from the secretary of the judge, in the office or receive it by mail.

The decision explains the procedure for filing an appeal and a cassation complaint in case of disagreement with the conclusions of the court. The expiration of the period for filing an appeal, equal to 30 days, means the entry into force of the decision (clause 2 of article 321 of the Code of Civil Procedure of the Russian Federation). The parties may file a complaint against the existing judicial acts with a higher court in the procedure of cassation proceedings.

Counter claim for the division of property: filing rules

A statement of claim with counterclaims is submitted at any time before the final decision on the case is made (Article 138 of the Code of Civil Procedure of the Russian Federation). The document is sent through the office of the court, by mail or provided at the court session when considering the main claim.

The form of the counterclaim is the same as that of a regular application. It is distinguished by a note about new requirements and a reference to the case in court on the same subject of the dispute. Copies of documents, a receipt for payment of the state duty and proof of sending a copy of the application to the other party are also attached to it. The counterclaim may contain a new list, as well as the same items as in the main requirements.

Until the resolution of the case, the parties have the right at any time to come to a mutual decision and conclude an amicable agreement.