Division of jointly acquired property of spouses: a sample of a claim. Claim for division of matrimonial property. The agreement on section jointly acquired property

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2018-03-27 18:08:21

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Division of jointly acquired property the former spouse brings a lot of problems. Questions related to this issue, often solved only in a judicial order. And not always divorced citizens are happy with the result. What I should know about division of property acquired during the marriage? How to divide all available between the former husband and wife in court? Is there a way to protect themselves in advance from the dispute?

Miscellaneous assets

The First step is to understand which property is subject to division. Not all things and objects acquired in marriage shall be the studied procedure. It depends on the type of property.division of jointly acquired property

There are so-called personal property. It includes personal items, as well as all that belonged to a man before marriage, or transferred as gifts or inheritance.

But the common property is everything that was acquired during the marriage. Plus jewelry. They even donated to a specific person, it is still considered common. The exception is the transfer by donation. No matter who decorated certain objects. The main thing that they were acquired during the period officially registered relations.

In Russia only provides for division of jointly acquired property. Married about this process a few people think. But in the period of the dissolution of a relationship, this question becomes very acute. How can it be solved?

In Advance

You Can offer to worry about property disputes. Now in Russia there was such a thing as a marriage contract. It is a document that allows you to set who sees what, and in what quantities will be laid from the common property. Many believe such a step is the height of mistrust. Because initially the marriage want to make time for life.

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In fact, the marriage contract is only a quick divorce if the relationship did not work. Indeed, in this case division of joint property of spouses does not give any trouble. Each will receive as much as spelled out in the terms of the agreement.

The Main advantage of this paper is that a Treaty may be concluded at any moment of marriage. And its effect can spread on the already existing things, and on all future purchases.

Tips for drawing up a marriage contract

There are several tips that will help to simplify the process of sharing the common property of husband and wife. So you don't have to submit to relevant authorities a statement on the division of joint property, it is recommended to get a prenup. In it to register all the principles of division of property on divorce.suit for division of matrimonial property

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

  1. All that is issued to a specific spouse, it is considered to be personal property, regardless of whose money the purchase was made. Good reception, but then even marriage is not excluded disputes at registration of the property on one or another family member.
  2. All jointly acquired things are divided strictly 50/50.
  3. The Division of shares depending on the contribution of each spouse in the property or otherwise.

The best option is the second scenario. Although sometimes this technique leads to discord in the family. So many are trying to limit the first scenario.

Documents required for conclusion of the marriage contract

No need to think about the division of joint property, as has been said, you can pre-negotiate the terms of the carve-up, and then to conclude a marriage contract. He signed it in the presence of a notary. And in order to make it, you need to bring the following list of documents:

  • A contract specifying all the features governing property disputes;
  • Passports of husband and wife;
  • Marriage certificate;
  • Documents confirming the fact of payment of notary services.

Then the couple has to go to the notary office. There the notary checks the contract for compliance with Russian laws, then the couple sign an agreement, and the respective staff puts its certification on the document. This process is over. And divorce will be enough to produce in court the marriage contract.the agreement on section jointly acquired property No problem!

Settlement agreement

The Next scenario is the signing of "world". The agreement on section jointly acquired property differs significantly from the marriage contract. It is made either in court or shortly before the divorce.

In the settlement agreement, spouses usually just prescribe what property and who goes. You can call it an analogue of the marriage contract. Only in this case, all shared items and properties are indicated in the text of the agreement.

If we are talking about the agreement, which came to the citizens to court, you can go to the notary. The principle design is similar to a marriage contract. The agreement on section jointly acquired property in this situation is to specify exactly what and to whom it will belong after termination of the relationship.

When you submit a claim

But more often it is the action for partition of jointly acquired property. Many people wonder, at what pointyou want to file a complaint. The answer here is clear - the period of submission of the application for divorce. Or rather, in parallel with this operation.

As practice shows, in the registry office in the presence of property disputes, usually are not bred. So you need to apply directly to the court. And in this instance will not only termination of the relationship, but the separation of all that was acquired during the marriage.

Actually, according to the established laws, you can do division of property at any time. Now to divide all that you have offered:

  • During the marriage;
  • At the time of the divorce;
  • After the termination of official registered marriage within 3 years.

Most Often the second scenario takes place. Quite often even the divorce has to spend in court. And immediately want to solve all disputes, no more to return to them.statement on the division of joint marital property

Where to go

And where to file a claim for division of matrimonial property? A controversial issue. All depends on the cost of shared subjects and objects. This, too, should pay attention. After all, if citizens will not appeal to the authority, they simply refuse.

Disputes connected with division of shared property and belongings of the spouses, the total value of which does not exceed 50 000, are resolved in the world court. Here you need to contact if, for example, the couple have practically nothing expensive.

In A situation where to sue? Division of jointly acquired property can occur not only in magistrates ' courts. If the dispute is in the larger sizes, are turning for help to the district courts. Accordingly, the application is filed in a different court. All depends on the situation.

Documents

What you need for an idea embodiment in life? Division of jointly acquired property, as has been said, is mainly in the regional court at the place of residence of the plaintiff. And only occasionally in the world. Regardless of the type of judicial authority, should collect a package of documents that will help you to solve the problem.

So, the plaintiff must bring in the selected instance the following set of papers:

  • The statement of claim for division of matrimonial property during the period of the relationship;
  • ID (passport);
  • Marriage certificate/divorce (depends on situation);
  • Documents on the rights of ownership;
  • Evidence of contribution to common property (which indicates the significance of investments);
  • Birth certificates of all minor children (if any);
  • Data about the Respondent (optional).

During the Next 30 days the application will be considered, as well as citizens will appoint the hearing. It is likely the court will offer to enter into the "world". If this is not possible, there will be a section 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 expose some of the real estate section.the claim division of joint property

General Confession

It sometimes Happens that one spouse has significantly invested in property husband/wife. And personal finances. Then it is possible to recognize property in common. And even if it was acquired before marriage, still such a property exposed section. The main problem here is proof of the attachments. After all, people should only from personal Finance to pay for improvement of the property of the spouse. For example, there was a payment overhaul or restoration. In this situation, the court will take into account. And if sufficient evidence of premarital apartment will be shared as public. A statement on the division of joint property of spouses is mandatory in this situation should also confirm that all expenses were made for the personal money of a person.

To avoid problems, it is recommended to understand what is called total Finance. These include:

  • Earnings of all family members;
  • Retirement;
  • Benefits;
  • Scholarships
  • Interest on deposits and deposits;
  • Income from real estate transactions.

In General, almost all profits, which it turns out citizens in marriage, may be accepted as a common money. Regardless of which spouse brought it into the house. But the inheritance and the funds received for endowment are not considered to be common. Absolutely, as deposits/money were the husband and wife before the official marriage.statement of claim for division of matrimonial property

So sometimes personal property through the courts can be considered common, and then to share it. This will require some evidence. Often significant contributions can prove. Keep this in mind.

Agreement

Now it is clear, as are the division of jointly acquired property. Sample settlement agreement, which will be presented next, is just a template. Based on it, you can make an agreement on the division of all assets acquired during the marriage. Look, the agreement will be approximately as follows:

We, Ivanov Ivan Ivanovich, (passport data) and Ivanova Maria Petrovna (passport), this agreement established the division of existing assets upon dissolution of the marriage.

  • 1-room apartment, located at the address: Tula, Miroshnichenko str., house 5, apt 15, goes to the Marina Petrovna;
  • The garage in the villageKulikovo, Kirov street, 45, the car "Nissan Qashqai" 2002 edition - Ivanov Ivan Ivanovich;
  • Kitchen furniture (corner sofa and a folding table) - Ivanova Marina Petrovna;
  • TV Samsung, 22-inch - Ivan Ivanovich.

With the terms of this agreement aware of, claims to each other have not. Everything else is marital property is divided in half. Jewelry are recognized as the property of the person to whom they were donated.division of jointly acquired property sample

Lawsuit

And how will the claim for division of matrimonial property? In fact, it differs little from the agreement. But the difference is still visible. You may use the following template:

I, Ivanova Maria Petrovna (personal data), please make division of jointly acquired property during the period of marriage with Ivanov Ivan Ivanovich. In the period of officially registered partnership, we purchased:

  • 1-room apartment, 31 square meter, purchase date 22.07.2012;
  • Kitchen, purchased may 15, 2013;
  • LCD TV "Toshiba" diagonal 65 inch, 9.12.2013.

Also I have made investments in the repair of premarital apartments Ivan Ivanov. Please accept this property and make an total section in accordance with the established legislation. All documents and receipts are attached.

Here is the "claim" on the division of jointly acquired property. This is only a template. It helps to understand the General principle of writing. In a similar way signs all the property that is available to the husband and wife in marriage. And then published the request to divide it.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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