In almost every family, after a happy idyll, quarrels begin. Sometimes spouses do not stand the test of time. There comes a time when the moments of the candy-flower period are erased from memory, moral aspects subside. Many in such situations begin to think about where to start a divorce with the division of property. Some are looking for a competent lawyer. In addition to personal items bought during the life together, expensive property, the couple makes debts, which also need to be shared equally, and for this you need knowledge of the laws from the Family Code.
Which way to choose
The initiator will be the first to find out what a divorce is with the division of property. Where to start the procedure? You need to decide which way is best to resolve the material issue, choose one of 2 options:
- Negotiated. In this case, the husband and wife sit side by side, take a pen with a sheet of paper and make an inventory of the acquired good in marriage. Then they go to a notary's office, draw up an official voluntary agreement, include a detailed section on each subject, sign it and date. After that, do not change the usual way of life or go away with things, adhering to the order assumed by the agreement.
- Law. This method is used when spouses cannot come to a consensus on any of the common issues. If litigation is the only way, then file a lawsuit. The initiator is the party that is more interested in sharing property in a divorce.
The divorce process and the section need not be combined so as not to delay the procedure. Citizens themselves choose what is convenient for them. You can first get a divorce, and then start sharing the belongings.
Rational and prudent citizens count events ahead of time. To do this, at the very beginning of their life together they conclude a marriage contract. They register in it all the cases that may occur in a marriage, as well as the fact that of the acquired good will belong to everyone if the family breaks up. Such couples do not have to decide where to start a divorce with the division of property.
Rights of spouses
Husband and wife have equal rights in a breakup. Regardless of who owns the property, who bought an apartment, furniture or equipment, all this is divided in half. Mutual agreement avoids many divorce issues. The agreement during the division of property determines the transfer of things in the order in which the parties themselves choose. The court prioritizes the equality of spouses.
In this case, you can get a significant amount for each participant in the divorce proceedings, if a legal fact is proved:
- Investing personal money earned before marriage.
- Gifts to one of the spouses by relatives of a large amount of funds.
- The inheritance of capital.
In legal practice, exceptional cases have been recorded when household equipment or real estate was awarded in unequal proportions. In this case, take into account:
- Children's interests (there are situations when a certain part of the property necessary for raising and maintaining a child is not included in the list of items to be divided between spouses, regardless of who bought these things).
- Evidence that one of the spouses never worked, did not buy anything at his own expense.
On acquired good (except for personal and children's things) is established:
- Shared ownership.
- Section of items by their value.
- Allowing compensation payments in return for a household appliance or item.
The court decides the issue of transfer, taking into account the order of use, ownership or the need to own a particular item. It makes no difference where to start a divorce with the division of property. First, you can divide the money, then buildings, then vehicles. However, an important rule must be observed, which says that at their discretion, none of the spouses can appropriate for themselves what he wants, for example, to pick up a car or something else.
What is included in the section
All purchases made in a marriage are subject to a section. They share property registered in the name of one of the spouses, even if at that time he worked alone, as well as money in bank accounts that were saved up for purchase:
- Real estate.
- Vehicle.
- Valuable papers.
- Commercial enterprises.
- Furniture, appliances, any household items.
Also subject to section:
- Films created jointly, published books, albums, any results of intellectual work.
- General contributions.
The law provides that a lawsuit on the division of property can be filed after a divorce, but the distribution must be strict and equal. For example, cars are left to the one to whom they belong, if such spouses are registered for each spouse. If the family has one vehicle, then they agree to whom to compensate half the cost of the car. The court may depart from the principle of equal distribution in the presence of evidence.
What provisions do legislative acts indicate?
In the Family Code, Art. 38, paragraph 2, the legislator claims that things acquired together in a marriage are divided by mutual agreement, but personal clothes or shoes are recognized for those to whom they belong. Clause 7 of the same article states that if a divorce has occurred, the statute of limitations is 3 years for the division of property.
You should take into account the fact from the Civil Code (articles 256, paragraph 2) that all acquired goods are considered common if they were bought in a marriage. Cohabitation without registration is cohabitation.
The Family Code in article 36 explains in detail what property may belong to each of the spouses, in paragraphs 1, 2, 3 regarding:
- Donated property - to whom it is presented, he will take it.
- Individual things - those who wear the thing will keep for themselves.
- Copyright - the creator remains the owner.
Article 37 of the RF IC shows in what order recognition of marital property occurs. A reference is made to Federal Law No. 457, which states that things, real estate can be recognized by a court decision if there is evidence that the other party spent its savings on their restoration, repair, reconstruction. Moreover, divorce often does not affect the division of property and the statute of limitations. You can divide after 3 years and 10 years, and a court order establishes the legal fact of the breakup of the family. More on this later.
Indivisible objects
From the legislative provisions in articles 36, 37 of the Family Code of the Russian Federation, we can conclude that they regulate the division of property during divorce and the timing of actions
When there are no claims to each other, the former married couple can agree without trial on the accumulated belongings for the years lived together.
What is a peace agreement
An extrajudicial agreement is drawn up by citizens who do not like someone else's interference in the details of their life together. When a family breaks up, this does not mean that you need to part with your enemies. The recorded consent will help to eliminate conflicts in the future. The contract is concluded on a part of the property in those points where there are no contradictions. The remaining objects are divided by the court. Suppose there is money in the bank in an amount equal to the value of the house. The spouse can take a house, and the husband - a contribution, which is included in the written agreement.
The agreement takes into account and indicates every little thing:
- They describe all divisible objects, indicate the color, brand, model.
- Set the market price or at the time of purchase.
- Sign up.
- Notarized.
If disagreements arise, you can file a lawsuit about the division of property after the divorce or before it.
Litigation
In family law there is no such condition that obliges spouses to begin the division. This is only civil law. Both husbands and wives voluntarily make a choice, apply to the court for a fair section or leave everything unchanged. Divorce proceedings are the most negative measures for the nervous system and morality.
In this case, the following situations may occur:
- The husband leaves with one suitcase, leaving everything to his wife and children.
- The husband drives the mother of her children out of the house without giving her anything.
- The couple begins to share the spoons, forks, socks and buttons in the box.
- Spouses file an application for divorce with a division of property, because they cannot come to a consensus on apartments, cottages, cars.
In judicial practice, the last paragraph is most common. The judicial authority may be needed not only in the absence of consensus, but also in the event that living together becomes real torture.
Then the legal authority calls for help the party that is oppressed. You can file a lawsuit as follows:
- In a procedural manner with a claim.
- With the provision of evidence.
A lawsuit filed in court becomes the basis for the start of a divorce proceedings. It lists joint ownership with an assessment of each property.
Jurisdiction feature
You can share real estate, appliances or household appliances at any time convenient for the spouses (before or after the formal termination of the existence of the family). At the same time, do not forget that the statute of limitations for the division of property after a divorce is 3 years.
You need to know the jurisdiction:
- When the lawsuit indicates the price of up to 50,000 rubles. - the application is considered by the magistrates' court. Property greater than this value is subject to the jurisdiction of the city or district agency.
- The application is filed in the respondent's area of residence.
- If the property is shared, they declare it to the authority at its location.
To carry out the division of property after a divorce and a sample application to issue in accordance with all the rules, submit the following documents:
- A copy of the marriage certificate.
- Title papers confirming the time of purchase of each item.
- Receipt of payment of duty.
A correctly completed lawsuit is the key to a successful trial.
Filing a lawsuit
The application with the request and claims is submitted by the spouses. Each person fills it separately, together, they resort to the help of lawyers, are independently compiled due to their own literacy.
If there was a division of property after the divorce, a sample of this document is transferred to the judicial office. Forms of such documentation are not a secret; they can always be downloaded on the portal of the legal website.
The statement indicates:
- Judicial authority.
- The names of the plaintiff and defendant.
- At what stage is the divorce.
- The presence or absence of peace agreements.
- Indicate controversial points, list the cost of objects.
- Reflect the requirements for the section - equal shares or not.
- Denote compensation and its size.
- Fill in the application column with a list of all evidence papers.
- Sign and put the date of the claim.
If you file a divorce and a division of property, you can consider a sample of the statement of claim in the photo posted below. It must be filled carefully, correctly indicating all dates, amounts and personal data.
The limitation period for the division of property after a divorce
Concerning the calculation of such a time parameter, many confusing stories occur even in the courts, which hear applications for division at meetings. If the marriage is officially dissolved, this does not mean that the couple ceases to live in a common house, to use things, household technical devices. Spouses can choose different division procedures that are convenient for them: through the court or by agreement. The law says that the statute of limitations after the breakup of the family is 3 years. But from what period to count for the partition? It begins not from the moment a certificate of termination of official relations is received, but when violations of property rights are revealed. Therefore, after a divorce, 3 or 10 years may pass. If the fact of unlawful acts is noticed, then within 3 years you can file a lawsuit. Such cases are often found when conflicts arise between spouses.
The grounds for disputes are the following actions of one of the spouses:
- Obstruction of the use of common appliances, household items.
- Implementation of transactions for the sale, gift, exchange.
- When separated, the former husband does not allow his wife to use the washing machine, drive a car.
A citizen can determine violations of his rights both immediately after the divorce proceedings, and after a long period.
Legal advice
In legal practice, there were revisions of cases, appeals in relation to complex and conflict situations.
Similar cases occurred due to the fact that former husbands and wives were in no hurry to share the good. This is fraught with trouble:
- If after the completion of the divorce proceedings 3 years have passed, for the division of property it is necessary to prove for a long time the reasons for the misuse of equipment, apartments.
- When a lot of time passes after the divorce, there are more opportunities to make any deal with housing among the participants in the divorce proceedings. A wife or husband may dispose of the property at his discretion, deciding that the former spouse does not need part of it.
- Household appliances wear out, become obsolete, their value is lost. When you postpone a section, money is lost.
The reasons mentioned above clearly show that even unpleasant things must be done on time. Violations of property rights do not have clear definitions; they belong to value concepts. The plaintiff will have to come to the court with reasonable evidence and provide the date from which the countdown began, indicate the day when it became known about the violations. No one needs complexity. The judge needs to unravel the tangle of family problems, and timely treatment will simplify the procedure and reduce property losses.