Everything you need to know about the division of property during divorce. Jurisdiction of the case and procedure for paperwork. How is property divided when spouses divorce? Should I file for division of property?

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Any divorce involves the division of property acquired by the spouses during the marriage. This process is simply inevitable. Another question is how divorcing spouses will approach the division of jointly acquired property after a divorce: they will divide everything equally, fairly, or leave it as is.

This is for me, this is for you

Before deciding the fate of common property, spouses need to try to agree and determine who will get what after the divorce. And to do this, you need to remember when in time, under what circumstances and by which specific spouse the property was acquired. Do they have any debts or credit obligations that arose after marriage?

Article 34 of the Family Code of the Russian Federation states that all property that spouses acquired during marriage will be considered their joint property. This includes income from work, cash deposits, securities, shares in business, as well as all material assets, from apartments and cars to plates and spoons. It does not matter in whose name they are issued, they will be considered common. Even if one of the spouses did not constantly work and did not have their own personal income.

Spouses also need to take into account what property is not subject to division during a divorce and, even if acquired during marriage, according to Article 36 of the Family Law, will remain the property of one of them:

received under a gift agreement,
left as an inheritance (read more about how Is the inheritance divided in case of divorce? read),
personal items (clothing, shoes, hygiene products..), excluding jewelry and luxury items,
the result of individual intellectual work.

Personal items acquired to meet the needs and necessities of minor children are given to the parent with whom the children will live.

Everything else (both property and debts) is divided by the spouses voluntarily or forcibly. With voluntary division, spouses themselves decide how to divide property during a divorce. In most cases, they conclude a contract in which they indicate which things will remain for which of them. Forced division occurs in the event of a property dispute being considered in court. It is the judge who will decide which property after the divorce will go to the wife and which property to the husband.

If the marriage ties of the spouses are no longer binding, then it is rarely necessary to talk about caring for each other; more often, each of them tries to act in their own interests and get a larger share after the division.

When dividing jointly acquired property after a divorce, spouses often resort to two tricks:

remove the disputed property from the “common property regime”, proving to the court that they do not have common things and never have had them, or they were sold, stolen, bought before marriage,
they try to reduce the share of the common property of one spouse, citing cohabitation with a child, common debts that only one pays, they underestimate the value of the common property and inflate the price of other things.

Property division agreement

Spouses who managed to agree before the divorce about who will get what from their jointly acquired property can enter into an agreement on the division of property. This document is similar to a marriage contract. Only the latter is drawn up by the spouses before marriage or during the period of their cohabitation, and the need to conclude an agreement arises when the spouses are about to get a divorce, are in the process of divorce, or have already dissolved the marriage.

In the agreement, the spouses must indicate what specific things, real estate and money, and which of them will get it. Sometimes one of the spouses renounces his share in favor of the other or agrees to a smaller part. We must not forget about debt obligations and indicate whether both spouses or one of them will pay off the debt. The agreement can take into account even such difficult moments as section of a mortgaged apartment in case of divorce - read about this in the article

The main feature of the agreement is that each spouse must agree with the procedure for dividing property during a divorce specified in it.

If a spouse took and disposed of property without obtaining the consent of the second spouse, then such a transaction can be declared invalid.

An agreement on the division of property is drawn up by the spouses in any form and signed by both.

When drawing up this document, it is advisable to use the services of competent lawyers; after all, the issue of division of property during a divorce is very complex and controversial.

The agreement will receive exclusive legal force only after it is certified by a notary.

The judge, having familiarized himself with such a document that came to him during the divorce process or when contested by one of the spouses, will necessarily take into account the interests of the parties and common children (if any), and, having discovered any violations, has the right to cancel it.

How property is divided during a divorce in court

Division of property through the court can be done after filing the appropriate statement of claim. You can submit it:

along with the application for divorce,
in the process of considering a divorce case,
after divorce.

When filing a claim for division of property after a divorce, you must take into account the statute of limitations. After registering a divorce, spouses have only three years within which they have the opportunity to file a claim for division of common property. Then the statute of limitations expires, and the court simply will not accept such a statement from them.

Disputes about the division of property are resolved by a magistrate if the value of the claim is no more than 50,000 rubles. In other cases, it will be considered by a court of general jurisdiction (city or district) at the place of residence of the defendant or location of the disputed property.

According to the judicial practice that has developed over the years, the division of property during a divorce occurs in equal shares between the spouses. Rarely will a judge go into detail about the spouses' financial difficulties or needs; in most cases, according to the law, he will divide the jointly acquired property in half. If this is not possible, then the spouse who received the larger share will have to pay compensation to the second.

Do you know that

The right to joint property is not determined by the person in whose name the property is registered and acquired. If the spouse, for good reasons (housekeeping, child care, etc.), did not have income, then he can also claim joint property.

All property specified by the plaintiff and defendant will be divided, with the exception of what is personal property of the spouses that is not subject to division.

The spouses evaluate the property independently, based on the market value of each item at the time of filing the claim. If this is difficult to do, you can contact the competent authorities for an independent assessment.

The duration of the court process for the division of property depends entirely on the agreement of the spouses: the sooner they agree with the division proposed by the judge, or are able to agree on their own, the sooner the litigation will end. Question, We tell you how to quickly file a divorce and whether it is possible to speed up this process.

There are times when it drags on for many months, and sometimes it lasts for more than one year. This is not always in the interests of the spouses. Although for some of them it’s beneficial. During the protracted process, property can be sold, lost, or destroyed. And when there is no subject of division, then there is nothing to divide.

That is why it is advisable to hurry up with the division of jointly acquired property after a divorce or resolve in court the issue of seizing it, so that an unscrupulous spouse will not be able to turn it to his advantage before a court ruling.

Documents for the division of property after divorce

When considering the issue of division of property, you will need to provide the court with the following documents:

statement of claim indicating the date of divorce, a list of common property and its value,
plaintiff's passport,
certificate of divorce (conclusion) of marriage,
metrics of common children,
documents for the property that is subject to division (certificate of registration of ownership - for real estate, vehicle passport - for a car, copies of a passbook, account statements - for cash savings, etc.),
property valuation act for division (if carried out),
other documents at the discretion of the plaintiff or the request of the judge.

How property is divided during a divorce after a court decision

Spouses who agree with the court decision on the division of property can themselves begin to turn it into their favor and to draw up documents for it, if necessary.

Some facts

A bad peace is much better than a good quarrel. If “peaceful negotiations” are not possible, then only go to court, since legal costs are slightly higher than the notary fee. may be a few percent of the value of the entire property.

If one of the spouses is not satisfied with the procedure for dividing property established by the court, and he does not comply with its decision, then the intervention of bailiffs will be necessary. They will be able to take actions to alienate the awarded property from the dissenting spouse or to seize this property, and will also be able to seize and sell his other property for a similar amount, sell it and turn the proceeds in favor of the plaintiff.

Let it be as it is

The law does not provide for the mandatory division of jointly acquired property after the divorce of spouses. They may not divide or re-register anything. But sooner or later the question about this will still arise. After all, most divorced spouses begin new relationships and remarry, and therefore they have new property rights and obligations. But the statute of limitations had already expired by that time, and the court would no longer accept the application for division of property.

Therefore, it is necessary to resolve the issue of division of property in a timely manner and dot all the i’s in order to avoid problems in the future.

If you still have questions about how to divide property during a divorce, then ask them in the comments

Filing a claim for division of property in court is the only way out for spouses who were unable to peacefully agree on who and what of the jointly acquired property will get after the divorce. The reason for this inability to agree may be that one spouse wants to receive more than half, and is completely sure that he has the right to this. Or something from the common property is so dear to both spouses that they are ready to fight in court for the right to possess it after a divorce.

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

What is shared and what is not

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

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

acquired under a gift agreement (this is a question that worries many people),
left as a legacy
personal items (clothes, shoes, hygiene products..), with the exception of jewelry and luxury items,
the result of individual intellectual work.

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

When to file a claim for division of property

There is no need to delay the division of property! Time is money, and the more time passes from the moment of divorce, the more elusive the chances of successfully suing for property become.

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

after a divorce, when the dissolution of the marriage has already been registered, but the property is still shared,

during the divorce process, when issues of divorce and division of property are simultaneously resolved in court hearings,

at any time during the marriage.

When filing an application, spouses who have already divorced must take into account the statute of limitations for dividing property during a divorce. It lasts for three years and does not prohibit filing a claim in court regarding the division of property even after its completion, but does not guarantee its acceptance by the judge for proceedings.

Limitation period for division of property after divorce: from when

As a general rule, it is customary to count it from the moment of registration of divorce. That is, after three years have passed from the date of receipt of the divorce document, it is too late to file a claim for division of property in court.
It is worth considering: the statute of limitations begins to count when access to property is obstructed. Only from now on!

In paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 “On the application of legislation by courts when considering cases of divorce” dated November 5, 1998, the moment when the statute of limitations begins to run is recognized as the time when one of the spouses learned or could have learned that his the right to own joint property has been violated. And in practice, when calculating the limitation period for a claim, courts refer specifically to this Plenum.

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

Where to file a claim

The statement of claim for the division of property is sent by territoriality to the judicial body in the area in which the defendant lives. If real estate is planned to be divided in court, then the application is written at the location of this property.

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

All claims for division of property worth up to 50,000 rubles are accepted and considered by magistrates. More “expensive” claims are dealt with in courts of general jurisdiction of a district, city or constituent entity of the Russian Federation.

How to write a claim correctly

In form, the sample application for division of property during a divorce resembles a divorce claim, but it is very important to draw it up correctly and reflect the necessary information. Therefore, spouses often turn to the help of experienced lawyers on this issue. After all, one wrong word or phrase in a claim can distort the plaintiff’s demands and deprive him of the opportunity to get what he wants.

In the upper right part the name of the court, last name, first name, patronymic, residential address of the plaintiff and defendant, the price of the claim (the total value of all property that is supposed to be divided) are indicated.

The text of the application contains the following information:

date of marriage,

the date when the marriage was dissolved (or when the claim for its dissolution was filed, at what stage the divorce process is at),

the division of property has not been made previously, no agreement has been concluded, the spouses cannot independently agree on the division of property,

a list of property acquired during the marriage that is subject to division: name, distinctive features, links to acquisition documents, cost of each item, total value of all property,

reference to Article 39 of the RF IC stating that property must be divided in equal shares, or a requirement for division in other shares with justification (living with common children, disability, etc.),

a list of property that the plaintiff wants to receive into his ownership, name, total cost, giving reasons indicating that he needs it more and is interested in receiving it,

list, names, total value of the property that should go to the defendant, an indication of the reasons why it should go into his ownership,

reference to compensation in the event that the value of the share of property of one spouse exceeds the value received by the second,

in the operative part – the plaintiff’s demands set out in the text of the application, a list of documents attached to the claim, signature and date.

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

The claim is accompanied by a mandatory package of documents:

marriage certificate (or a copy of the marriage record, if it has already been terminated),

certificate of divorce (if already received), or

court decision on divorce,

documents for the property subject to division, specified in the claim (registration certificates, PTS, sales contracts, coupons, checks, etc.),

report on an independent assessment of property (if carried out),

receipt of payment of state duty,

other documents at the discretion of the plaintiff or at the request of the judge.

What does the court consider when considering a claim?

The courts have a long-established practice of considering cases of division of property, enshrined in law in Article 39 of the Family Code of the Russian Federation - all of it is divided in equal shares by each of the spouses. And if it is not possible to divide exactly in half, then compensation in a similar amount is collected from the one who receives the larger share in favor of the deprived.
There are cases when it is possible to convince the judge that one spouse has rights to more than half of the property. But such cases are rare and even unique. This is associated with raising common minor children or misuse of common funds during marriage (Article 39 of the RF IC).

When determining which spouse will receive what from their common property, the judge must hear both sides regarding which of them needs what more. The following will be taken into account:

income of each spouse,

accommodations,

occupation,

with whom the children remained to live after the divorce,

health status,

participation of each spouse in the costs of acquiring common property, etc.

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

The ideal way to resolve a claim for division of property after a divorce is through a settlement agreement.

It can be concluded at any stage of the judicial consideration of the claim before the court retires to the deliberation room. A settlement agreement is concluded when the spouses, during the course of litigation, come to a common decision regarding the division of property, to an option that suits both parties. In this case, it is not at all necessary to divide the joint property strictly in half; it will be divided in a way that suits both spouses.

Legal help wouldn't hurt

Court cases on property disputes, including cases on the division of property of spouses, are the most complex category of cases. Judicial proceedings on them can drag on for many months. And often the reason for this is insufficient knowledge of the laws, the inability to see the nuances, and simply a lack of practice.

Therefore, it would be a good idea to seek help from experienced lawyers when filing a claim for division of property. Or you can even issue a power of attorney for the right to represent your interests in court in a case.

There is a lot that needs to be taken into account: so that the divisible property does not end up being sold, lost, or destroyed by an unscrupulous spouse before a court decision is made; so that the value of the second spouse’s share of property is not artificially underestimated or his share is overestimated due to cohabitation with common children, etc.

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

If you still have questions about how to correctly file a claim for division of property during a divorce, then ask them in the comments

Division of property in marriage Division of property during divorce Help from qualified lawyers in Voronezh in various cases cases of property division

In this article, dear visitors of the official website of the Voronezh Legal Center “Zakon”, we will talk to you about such a very common procedure such as division of property.

If we turn to the rules of law contained in the Family Code of the Russian Federation, the following will become clear:

the division of the common property of the spouses can be made during the marriage;
the division of the common property of the spouses can be made after the dissolution of the marriage at the request of any of the spouses;
division of the common property of the spouses can be made if the creditor makes such a claim in order to foreclose on the share of one of the spouses.

When dividing property, it is not at all necessary to bring the matter to trial - the common property of the spouses can be divided between the spouses by agreement. Please remember that this Agreement on the division of common property must be notarized.

Division of joint (common) property

But in the event of a lack of mutual understanding between the spouses, which, unfortunately, happens very, very often, the division of the spouses’ common property, as well as the determination of the spouses’ shares in this property, is carried out in court.

In this case, when dividing the common property of the spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses.

If one of the spouses is transferred property, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.

Also, it is important to know that the court can recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them. Those. A stamp in a passport confirming marriage registration does not guarantee the emergence of a mandatory right to common property. It will be necessary to prove in court that the spouses were running a joint household or, conversely, provide evidence to the contrary, depending on whose interests our lawyer represents.

Also, it should be remembered that things purchased solely to meet the needs of minor children (clothing, shoes, school and sports supplies, musical instruments, children's library and others) are not subject to division and are transferred without compensation to the spouse with whom the children live.And also, contributions made by spouses at the expense of the spouses’ common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the spouses’ common property.

Remember that in the case of division of the common property of the spouses during the marriage, that part of the common property of the spouses that was not divided, as well as the property acquired by the spouses during the marriage in the future, constitute their joint property.

And one more thing: a three-year statute of limitations applies to the claims of spouses for the division of common property of spouses whose marriage is dissolved. Of course, in our practice there have been numerous cases when we were able to restore the statute of limitations even after ten years, but it is better to do everything on time within the time allotted by law.

What is shared?

What else would I pay attention to? Let's define the very concept of joint ownership - i.e. This is all property acquired by spouses after the official registration of marriage in the absence of a concluded marriage contract. Joint ownership includes the following types of property:

cars and other movable things;
real estate;
securities (stocks, bonds, etc.);
income from the sale of movable and immovable property;
business and labor income;
intellectual income;
luxuries;
jewelry;
deposits in banks.

It is important to know that when dividing joint property in the event of a divorce, it does not matter in whose name this or that property is registered - in any case, the rights of the spouses to it are recognized as equal.

In our practice, we often encounter the fact that during the period of cohabitation, the properties and technical characteristics, for example, of real estate that belonged to one of the spouses before marriage, were significantly improved (for example, a residential building underwent major renovations) - in such very complex cases , with our competent legal position, such real estate is also recognized by the court as joint property.

I also note that there are cases when there are legal grounds to deviate from the principle of equality when dividing property, namely:

if it is proven that one of the spouses did not contribute money to the family budget due to unjustifiable reasons (these do not include housekeeping and child care);
if it is proven that family funds were wasted by one of the spouses to the detriment of the rest of its members.

What is not shared?

And yet, it is useful to remind once again what does not belong to the category of jointly acquired property, and, accordingly, is not subject to division:

personal belongings of each spouse with the exception of jewelry;
items purchased for use by a minor child;
cash deposits opened in the name of a minor child.

Property and court...

Dear readers, if you are faced with a situation where you are faced with the division of property, and if you could not resolve this issue amicably through a notarized agreement, then you will face a very difficult procedure for dividing property in court.In this case, you either independently or with the help of a professional lawyer specializing in property disputes, draw up and submit a corresponding statement of claim according to the jurisdiction.The following documents must be attached to the statement of claim for division of property:

documents confirming the existence of joint property, i.e. certificates of ownership of real estate, vehicle passport, copies of checks and receipts confirming the fact of acquisition of things, etc.);
information on the value of each unit of property subject to division;
receipt of payment of the state duty (the amount of the state duty is calculated based on the price of the claim).

Regulatory framework

Let me note once again that the legal basis for these property disputes, including the division of property, is the Family Code of the Russian Federation, including the following articles of the RF IC:

Article 33 of the RF IC "The concept of the legal regime of property of spouses"

1. The legal regime for the property of spouses is the regime for their joint ownership. The legal regime for the property of the spouses applies unless otherwise provided by the marriage contract.
2. The rights of spouses to own, use and dispose of property that is the joint property of members of a peasant (farm) household are determined by Articles 257* and 258** of the Civil Code of the Russian Federation.

*Article 257 of the Civil Code of the Russian Federation "Property of a peasant (farm) enterprise"

1. The property of a peasant (farm) enterprise belongs to its members on the right of joint ownership, unless otherwise established by law or an agreement between them.

2. The joint ownership of members of a peasant (farm) enterprise includes the land plot granted to this farm or acquired, outbuildings and other buildings, reclamation and other structures, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, inventory and other property acquired for the farm using the common funds of its members.

3. Fruits, products and income received as a result of the activities of a peasant (farm) enterprise are the common property of the members of the peasant (farm) enterprise and are used by agreement between them.

**Article 258 of the Civil Code of the Russian Federation "Division of property of a peasant (farm) enterprise"

1. When a peasant (farm) enterprise is terminated due to the withdrawal of all its members or for other reasons, the common property is subject to division according to the rules provided for in Articles 252 and 254 of this Code.

In such cases, the land plot is divided according to the rules established by this Code and land legislation.

2. A plot of land and means of production belonging to a peasant (farm) enterprise are not subject to division when one of its members leaves the enterprise. Those who leave the farm have the right to receive monetary compensation commensurate with their share in the common ownership of this property.

3. In the cases provided for by this article, the shares of members of a peasant (farm) enterprise in the right of joint ownership of the property of the enterprise are recognized as equal, unless otherwise established by agreement between them.

Article 34 of the RF IC "Joint property of spouses"

1. Property acquired by spouses during marriage is their joint property.

2. Property acquired by spouses during marriage (common property of spouses) includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other monetary payments that do not have a special purpose ( amounts of financial assistance, amounts paid in compensation for damage in connection with loss of ability to work due to injury or other damage to health, and others). The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds.

3. The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income.

Article 35 of the RF IC "Ownership, use and disposal of common property of spouses"

1. Possession, use and disposal of the common property of spouses is carried out by mutual consent of the spouses.

2. When one of the spouses makes a transaction to dispose of the spouses’ common property, it is assumed that he is acting with the consent of the other spouse. A transaction made by one of the spouses to dispose of the common property of the spouses may be declared invalid by the court on the grounds of lack of consent of the other spouse only at his request and only in cases where it is proven that the other party to the transaction knew or should have known about the disagreement of the other spouse to complete this transaction.

3. In order for one of the spouses to enter into a transaction for the disposal of property, the rights to which are subject to state registration, a transaction for which a mandatory notarial form is established by law, or a transaction subject to mandatory state registration, it is necessary to obtain the notarized consent of the other spouse. The spouse, whose notarized consent to carry out the said transaction was not received, has the right to demand that the transaction be declared invalid in court within a year from the day when he learned or should have learned about the completion of this transaction.

Article 36 of the RF IC "Property of each spouse"

1. Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (property of each spouse), is his property.

2. Items for individual use (clothes, shoes and others), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them.

3. The exclusive right to the result of intellectual activity created by one of the spouses belongs to the author of such result.

Article 37 of the RF IC "Recognition of the property of each of the spouses as their joint property"

The property of each of the spouses may be recognized by the court as their joint property if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses that significantly increased the value of this property (major repairs, reconstruction, re-equipment and others).

Article 38 of the RF IC "Division of common property of spouses"

1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a creditor making a claim to divide the common property of the spouses in order to foreclose on the share of one of the spouses in the common property of the spouses.

2. The common property of the spouses may be divided between the spouses by agreement. An agreement on the division of common property acquired by spouses during marriage must be notarized.

3. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court. When dividing the common property of spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If one of the spouses is transferred property, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.

4. The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them.

5. Items purchased solely to meet the needs of minor children (clothing, shoes, school and sports supplies, musical instruments, children's library and others) are not subject to division and are transferred without compensation to the spouse with whom the children live.
Contributions made by spouses at the expense of the spouses' common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the spouses' common property.

6. In the case of division of the common property of the spouses during the marriage, that part of the common property of the spouses that was not divided, as well as the property acquired by the spouses during the subsequent marriage, constitute their joint property.

7. A three-year statute of limitations applies to the claims of spouses for the division of common property of spouses whose marriage is dissolved.

Article 39. Determination of shares when dividing the common property of spouses

1. When dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

2. The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family.

3. When dividing the common property of the spouses, the common debts of the spouses are distributed between the spouses in proportion to the shares awarded to them.

Dear readers! If you still have questions regarding the division of property, then you can always sign up for a free consultation with the specialists of the Voronezh Legal Center “Zakon” and here they will definitely help you defend your legal rights.

Material prepared by Oleg Rukavitsyn

Division of marital property. All possible options for dividing jointly acquired property.

When we get married, the last thing we think about is its material side. It seems that the division of property is not about us, everything will be different for us, not like everyone else. However, according to statistics, in the first 9 years of marriage, 2/3 of married couples get divorced, and with this, problems arise in the division of jointly acquired property. In this situation, it is important to do everything legally correctly.

How to properly divide joint property during a marriage, during a divorce or after a marriage is dissolved; how to do this most advantageously, resolving a controversial situation with the least losses.

Joint property

The joint property of the spouses includes the property acquired during the official marriage. From the first day of marriage registration, common property appears in the registry office - these are wedding gifts, salaries and other income. Everything acquired during the marriage with the common money of the husband and wife is considered their joint property. Joint property also includes money and bank deposits. It does not matter in whose name the property is recorded according to the documents.

The regime of joint ownership of property means that each spouse can equally use and dispose of this property. The consent of the second spouse for transactions with property is not required, with the exception of transactions with real estate or those requiring registration or notarization. In these cases, it is necessary to obtain a notarized consent of the second spouse to complete the transaction.

The second spouse has the right to challenge the transaction by filing a lawsuit in court to declare the transaction invalid on the grounds of lack of his consent.

Personal property of spouses

The joint ownership regime does not apply to the personal property of spouses. This property belongs to each spouse individually, only he can dispose of it. The other spouse may use such property only with his consent.

Personal property includes property acquired before marriage or received during marriage as a gift, by inheritance, or in a gratuitous transaction (for example, privatization of an apartment). The property of each spouse also includes his personal belongings (clothing, accessories), with the exception of jewelry and luxury items.

Personal property can be divided if it is recognized as joint property of the spouses. Such cases arise when, during the marriage, personal property was subjected to serious improvements, significantly increasing its value at the expense of the common funds of the spouses.

Marriage contract

A prenuptial agreement is an agreement that defines the property rights and obligations of the spouses during the marriage and upon its dissolution. In the marriage contract, you can indicate which of the spouses will own specific property, both existing and planned for acquisition in the future.

The marriage contract is drawn up by a notary. It can be concluded before the marriage is registered (in this case it will still come into force after the marriage is registered at the registry office) or at any time during the marriage.

When dividing property in the presence of a marriage contract, the regime of joint property of the spouses is determined precisely by this agreement. A marriage contract can be challenged, it can be changed or terminated by mutual consent of the spouses or in court: .

Division of property during marriage

Spouses can divide joint property at any time after marriage. You can start the division the very next day after the registry office, the main thing is that there is something to divide. The division of property during marriage can be secured by a written agreement of the spouses or the dispute can be resolved in court.

When dividing property during marriage, only the property that is available is divided. Regarding the fate of property that will be acquired in the future, a prenuptial agreement must be concluded. Property acquired by spouses after division will again be considered their joint property.

An exception is the case when the spouses, without officially dissolving the marriage, have actually ended their family relationship. However, if there is a dispute, this circumstance will need to be specifically proven in court.

Division of property during divorce and after dissolution of marriage

After the divorce, all property acquired by the spouses becomes their personal property. Spouses must decide the fate of their joint property. In this case, it is possible to conclude a written agreement between the spouses or division of property through the court. You can write.

The law stipulates that the statute of limitations for dividing marital property is 3 years. Please note that this period begins to run not from the moment of divorce, but from the moment when the second spouse learned or should have learned about the violation of his right. Thus, if during the divorce the question of the fate of some thing was not resolved, then the second spouse can make claims on it even after a considerable time. Perhaps if you miss it for good reasons.

The procedure for dividing property

To divide property, it is necessary to determine the composition of the property, its value, the share of each spouse, and establish which spouse will receive specific property.

The composition of jointly acquired property is determined by the transfer of this property. Property must exist in kind, there must be a real possibility of dividing this property.

The value of the property is determined at the time of its division. It doesn’t matter at what price these things were purchased, what their market value is. Spouses have the right, by mutual agreement, to determine absolutely any value of the property they own. If it is difficult to agree on the value of property, you can use the services of an independent appraiser or the market value of these things.

As a general rule, it is assumed that the shares of spouses in jointly acquired property are equal, ½ share for each. The size of the shares does not depend on which spouse earned how much. The spouse who was involved in the household has the same rights to property as the spouse who brings income to the family. This rule can be waived by agreement of the spouses. An obvious condition for changing this rule would be a situation where one of the spouses spent the common property not in the interests of the family (drank, spent on drugs, lost in gambling), or did not receive income for unjustified reasons.

Division of property by agreement of spouses

The simplest and most obvious option for spouses is to divide property by agreeing among themselves peacefully. In this case, a written document is drawn up - an agreement on the division of property, which is signed by the spouses. Such an agreement can be certified by a notary.

In the case of real estate, it will be necessary to obtain state registration of the transfer of ownership. In the case of vehicles, it is necessary to resolve the issue of deregistration and registration during re-registration.

Division of property in court

If there is no agreement on the division of property peacefully, disputes are resolved in court. Before going to court, it is also necessary to determine the composition of the property to be divided, evaluate it, determine the shares of the spouses, as well as to whom what property will be transferred. In the event of a legal dispute, the plaintiff independently determines all of the listed positions, while it should be taken into account that the defendant may not agree with the claim, file or write.

When considering the case, the court will take into account the need for the property and the interest in its use of each of the spouses, who primarily used the specific property and was the initiator of its acquisition. For example, the car will go to the spouse who has the right to drive. When dividing expensive things that cannot be divided in kind, for example, real estate (apartments, houses), the court will most likely determine the regime of shared ownership of these things.

Division of common debts of spouses

When dividing property, the common debts of the spouses are also subject to division. The size of the debts will correspond to the size of the spouses’ shares when dividing joint property. If the shares of the spouses are recognized as equal, then all debts are divided in equal parts.

It should be borne in mind that only real, already incurred debts of the spouses are subject to division. If there are joint obligations (credit agreement or loan agreement), they can be divided between spouses only with the consent of the lender (bank or borrower). If there is no such consent, then the obligation must be fulfilled by the spouse indicated in the contract. After repaying the debt, he has the right to recover his share from the second spouse.

Division of property in a civil marriage

We examined in detail the issues of dividing the property of spouses who officially registered the marriage with the registry office. But what about those citizens who simply live together without signing, the so-called cohabitation or civil marriage? In this case, the regime of joint ownership does not apply. The Family Code of the Russian Federation does not apply to such relationships.

In this case, legal relations arise that are regulated by the provisions of the Civil Code of the Russian Federation on shared or individual property of several persons. The property becomes the property of the person in whose name and at whose expense it was acquired.

If one of the cohabitants saved money throughout their marriage, living on the support of the second “spouse,” and then purchased an expensive item (for example, a car or an apartment) in his own name, he will be the sole owner of this item.
To avoid negative consequences, cohabiting citizens can be advised to document all their relationships. The purchase of all things with joint money should be registered as shared ownership in order to avoid problems later.