The division of jointly acquired property brings many problems to the former spouses. Issues related to this topic are often resolved only in court. And far from always divorced citizens are satisfied with the result. What you should know about the division of property acquired during the marriage? How to share everything that exists between an ex-husband and wife in court? Is it possible to somehow protect myself in advance from disputes?
Miscellaneous property
The first step is to understand which property is to be divided. Not all things and objects acquired in marriage are subject to the procedure under study. It all depends on the type of property.
There is a so-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 the common property is all that was acquired during the marriage. Plus jewels. They, even donated to a specific person, are still considered common. The exception is donation. It does not matter to whom these or those objects are framed. The main thing is that they were 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 during the period of termination of relations, this question arises very sharply. How can it be solved?
In advance
You can suggest to worry about property disputes in advance. Now in Russia there is such a thing as a marriage contract. This is a document that allows you to establish to whom and what, and in what quantities will be laid out of the common property. Many consider this step to be the height of distrust. After all, initially they want to conclude a marriage once and for a lifetime.
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 jointly acquired property of the spouses will not cause any trouble. Everyone will receive as much as is prescribed in the terms of the agreement.
The main advantage of such a document is that the contract can be concluded at any time of marriage. And its action is able to apply both to existing things, and to all upcoming purchases.
Marriage contract tips
There are several tips that will help simplify the process of sharing the common property of a husband and wife. In order not to have to submit an application to the relevant authorities on the division of jointly acquired property, it is recommended to immediately draw up a marriage contract. It spell out all the principles of the division of 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 is based on the following principles:
- Everything that is drawn up for a particular spouse is considered his personal property, regardless of whose money the purchase was made. A good reception, but then still in a marriage, disputes are possible when registering property for a particular family member.
- All jointly acquired things are divided strictly 50/50.
- Separation by shares depending on the contribution of each spouse to a particular property.
The most profitable option is the second scenario. Although sometimes this technique leads to disagreement 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, it is possible to discuss the terms of sharing in advance, and then conclude a marriage contract. It is signed in the presence of a notary. And in order to arrange it, you need to bring the following list of documents with you:
- 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.
Further, the spouses should visit the notary's office. There, a notary public checks the agreement for compliance with the laws established in Russia, then the spouses sign the agreement, and the corresponding employee puts his assurance on the document. This is the end of the process. And in a divorce, it will be enough to present a marriage contract in court.
No problem!
Settlement agreement
The next scenario is the signing of the "world". Such an agreement on the division of jointly acquired property is significantly different from a prenuptial agreement. It is drawn up either in court or shortly before a divorce.
In a settlement, 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 objects and real estate are indicated in the text of the agreement.
If we are talking about an agreement reached by citizens before the trial, then you can contact a notary public. The design principle is similar to a prenuptial agreement. Only an agreement on the division of jointly acquired property in this situation will indicate what exactly and to whom it will belong after the termination of relations.
When is the lawsuit
But more often than not, a lawsuit about the division of jointly acquired property takes place. Many people wonder at what point you need to apply with the appropriate application. Here you can answer unambiguously - at the time of filing an application for divorce. More precisely, in parallel with this operation.
As practice shows, in the registry office in the presence of property disputes, as a rule, are not bred. Therefore, you must immediately go to court. And already in this instance will not only terminate the relationship, but also the separation of everything that was acquired during the marriage.
In general, according to the established laws, you can deal with the division of property at any time. Now they offer to share everything that is available:
- during the marriage;
- at the time of divorce;
- after the dissolution of an officially registered marriage for 3 years.
Most often, it is the second scenario that takes place. Indeed, often even the divorce itself has to be carried out in court. And immediately I want to resolve all the disputes, so as not to return to them.
Where to go
And where to file a claim for the division of jointly acquired property? A moot point. It all depends on the value of shared objects and objects. This should also be noted. After all, if citizens turn to the wrong authority, they will simply be refused.
Disputes related to the separation of common real estate and spouses' things, the total value of which does not exceed 50,000 rubles, are resolved in a magistrate's court. It is here that you need to contact if, for example, a couple has practically nothing expensive.
And in a different situation, where to file a lawsuit? The division of jointly acquired property may occur not only in magistrates' courts. If the dispute is conducted on a larger scale, then they turn to the regional judicial authorities for help. Accordingly, the application is submitted to a particular court. It all depends on the situation.
Documents
And what is needed to translate ideas into reality? The division of jointly acquired property, as has already been said, is carried out mainly in the district court at the plaintiff's place of residence. 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 task.
So, the plaintiff must bring the following package of papers with him to the selected authority:
- statement of claim on the division of jointly acquired property for the period of the relationship;
- identity card (passport);
- marriage certificate / divorce (as applicable);
- documents of ownership;
- evidence of contribution to the common property (indicating the importance 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, as well as the citizens will be assigned a hearing. In the course of it, most likely, the court will offer to conclude a "world". If this is not possible, then division of property will occur at the discretion of the judiciary. As a rule, everything is divided 50/50. And only in some cases, you can not expose any property to the section.
General recognition
It also happens that one of the spouses significantly invested in the property of the husband / wife. Moreover, personal finances. Then you can recognize the property as common. And even if it was purchased before marriage, all the same, such property is subject to division. The main problem here is proof of investment. After all, a person should only pay for the improvement of the spouse’s property from personal finances. For example, a major repair or restoration payment has been made. In this situation, the court will take this into account. And with sufficient evidence, the premarital apartment will be shared as a common. An application for the division of jointly acquired property of spouses without fail in this situation should confirm that all expenses were committed for the personal money of a person.
To avoid problems, it is recommended to understand what is called general finance. These include:
- earnings of all family members;
- pensions;
- allowances;
- scholarships;
- interest on deposits and deposits themselves;
- income from real estate transactions.
In general, almost all the profit that citizens receive in marriage can be recognized as total money. No matter which spouse brought her to the house. But the inheritance and funds received by donation are not considered common. In the full account, 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 divide it. This will require some evidence. Often, all significant contributions can be proved. This should be remembered.
Agreement
Now it’s clear how the division of jointly acquired property takes place. The model amicable settlement that will be presented later is just a template. Based on it, you can draw up an agreement on the division of all acquired in marriage. The agreement will look something like this:
We, Ivanov Ivan Ivanovich (passport details) and Ivanova Maria Petrovna (passport), by this agreement, establish the procedure for dividing our property upon divorce.
- 1-apartment, located at: Tula, st. Miroshnichenko, house 5, apt. 15, goes to Marina Petrovna;
- garage in the village of Kulikovo, on the street. Kirov, 45, and the Nissan Qashqai car of 2002 of release - to Ivanov Ivan Ivanovich;
- kitchen (corner sofa and folding table) - to Ivanova Marina Petrovna;
- Samsung TV, diagonal of 22 inches - to Ivan Ivanovich.
We are familiar with the terms of this agreement, we have no complaints against each other. All the rest of the jointly acquired property is divided in half. Jewelry is recognized as the property of the person to whom it was presented.
Lawsuit
And what will the lawsuit about 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, Maria Petrovna Ivanova (passport data), please produce a section of the jointly acquired property during the marriage with Ivan Ivanov. During the period of officially registered relations, we acquired:
- 1-room apartment, 31 square meters, purchase date 07/22/2012;
- kitchen unit purchased on May 15, 2013;
- Toshiba LCD TV with a diagonal of 65 inches, 12/9/2013.
Also, I made investments in the repair of the premarital apartment of Ivanov Ivan Ivanovich. Please acknowledge this property as common and make a division in accordance with the law. All documents and checks are attached.
This is what the “lawsuit” about the division of jointly acquired property looks like. This is just a template. It helps to understand the general principle of compiling a document. In a similar way, all the property that a husband and wife have in marriage is signed. And then published a request to split it.