Section of jointly acquired property of spouses: sample of statement of claim. The claim for the sharing of jointly acquired property. Agreement on the sharing of jointly acquired property
The section of jointly acquired property bringsthe former spouses have a lot of problems. Issues related to this topic are often resolved only in the courts. And not always divorced citizens are satisfied with the result. What should be known about the division of property acquired during the marriage? How can you divide all that is available between a former husband and wife in a judicial order? Is it possible to somehow secure yourself in advance of disputes?
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 being studied. It all depends on the type of property.
There is a so-called personal property. It includes objects of personal use, as well as everything that belonged to a person before marriage, or transferred as gifts or inheritance.
But the common property is everything that waspurchased during the marriage. Plus jewels. They, even given to a specific person, are still considered common. An exception is a gift transfer. It does not matter who the objects are designed for. The main thing is that they were acquired during the period of officially registered relations.
In Russia, there is only a sectionjointly acquired property. In the marriage of this process, few people think. But in the period of the dissolution of relations, this issue is very acute. How can it be solved?
You can suggest in advance to worry aboutproperty disputes. Now in Russia there is such a thing as a marriage contract. This is a document that allows you to determine who and what, and in what quantities will be laid out of the common property. Many consider this step to be a mistrust. After all, initially they want to make a marriage once and for life.
In fact, the marriage contract is justguarantee a quick divorce, if the relationship did not work out. After all, in this case the division of the jointly acquired property of the spouses will not cause any trouble. Everyone will receive as much as is stipulated in the terms of the agreement.
The main advantage of such a document isthat the contract can be concluded at any time of marriage. And its action is able to spread both on existing things, and on all forthcoming purchases.
Tips for drafting a marriage contract
There are several tips that will helpsimplify the process of sharing the common property of husband and wife. In order not to file an application with the relevant authorities on the division of jointly acquired property, it is recommended that a marriage contract be drawn up immediately. In it, prescribe all the principles of dividing property in 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:
The most favorable option is the second alignment. Although sometimes this method leads to a disorder in the family. Therefore, many try to limit themselves to the first scenario.
Documents for the conclusion of the marriage contract
To avoid the need to think about sharingof the acquired property, as already mentioned, it is possible to discuss in advance the conditions for the division, and then conclude a marriage contract. He signs in the presence of a notary. And in order to arrange it, you need to bring the following list of documents with you:
- a contract specifying all the features that govern property disputes;
- passports of husband and wife;
- Marriage certificate;
- documents that confirm the fact of payment for notary services.
Then the spouses must pay a visit to the notaryoffice. 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 assurance on the document. This concludes the process. And when a divorce is enough to present a marriage contract in court.No problem!
The next variant of the development of events isthe signing of the "world". Such an agreement on the sharing of jointly acquired property is significantly different from the marriage contract. It is made either in court, or shortly before the divorce.
In the settlement agreement of the spouse it is usually simpleprescribe what property and who gets it. You can call it an analogue of the 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 the agreement that was reachedcitizens before the court, then you can apply to a notary. The principle of registration is similar to the marriage contract. Only an agreement on the sharing of jointly acquired property in this situation will indicate what exactly and to whom will belong after the dissolution of the relationship.
When an action is filed
But most often it is the claim for sharingthe acquired property takes place. Many are interested at what point it is required to handle the relevant application. Reply here can be unambiguous - during the application for a divorce. Or rather, in parallel with this operation.
As practice shows, in the registry office, if availableproperty disputes, as a rule, are not bred. Therefore, you need to apply immediately to the court. And already in this instance there will be not only the dissolution of relations, but also the division of everything that was acquired during the time of marriage.
In general, under the established laws, you can deal with the division of property at any time. Now we divide everything that exists, offer:
- during the marriage;
- at the time of divorce;
- After the termination of the official registered marriage within 3 years.
Most often, it is the second scenariooccurs. After all, often even the dissolution of marriage must be carried out through the court. And immediately I want to resolve all the disputes in order not to return to them any more.
Where to go
And where to file a statement of claim for divisionjointly acquired property? A controversial issue. It all depends on the cost of shared objects and objects. This, too, should pay attention. After all, if citizens turn to the wrong authorities, they will simply be refused.
Disputes related to the separation of common propertyand things of spouses, the total cost of which does not exceed 50,000 rubles, are settled in the world court. It is necessary to address here, if, for example, a couple has almost nothing costly.
And in another situation where to file a lawsuit? The section of jointly acquired property can occur not only in the world courts. If the dispute is conducted on a larger scale, then they apply for help to the district courts. Accordingly, the application is submitted to a court. It all depends on the situation.
And what is needed to realize the idea? The section of jointly acquired property, as already mentioned, is held 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 to solve the task.
So, the plaintiff must bring with him to the selected instance the following package of papers:
- statement of claim on the sharing of jointly acquired property during the period of relations;
- Identity card (passport);
- certificate of marriage / on its dissolution (depending on the situation);
- documents on property rights;
- evidence of contribution to common property (indicating the importance of investments);
- certificates of birth of all minor children in common (if any);
- data on the defendant (optional).
Further within 30 days the application will beconsidered, as well as citizens will be appointed a court session. In the course of it, most likely, the court will offer to conclude a "world" one. If this is not possible, then the division of property will occur 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 any real estate to the section.
Recognition as a general
It also happens that one of the spouses significantlyHas invested in the property of the husband / wife. And personal finances. Then you can recognize the property as common. And even if it was acquired before marriage, still such a property is subject to division. The main problem here is the proof of investments. After all, a person must pay for the improvement of his spouse's property only from 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 general. The application for the sharing of the jointly acquired property of the spouses, in a compulsory manner in this situation, must confirm that all expenses were committed for the person's personal money.
That there were no problems, it is recommended to understand what is called common finance. They include:
- earnings for all family members;
- interest on deposits and deposits themselves;
- income from real estate transactions.
In general, almost all the profits that are obtainedcitizens in a marriage, can be recognized as common money. Regardless of which of the spouses brought her into the house. But the inheritance and funds received by donors are not considered common. The same as the deposits / money that were available to the husband and wife before the official marriage.
So sometimes personal property through court can berecognize the common, and then divide it. For this, certain evidence will be required. Often, all the significant contributions can be proved. This should be remembered.
Now it is clear how the section is going togetherof acquired property. The example of the settlement agreement, which will be presented later, is just a template. Relying on him, you can make an agreement on the division of everything acquired in marriage. The agreement will look like this:
We, Ivanov Ivan Ivanovich, (passport data) and Ivanova Maria Petrovna (passport), by this agreement establish the procedure for the division of the property we have with the dissolution of marriage.
- 1-to the apartment, located at: Tula, ul. Miroshnichenko, Building 5, Apt. 15, goes to Marina Petrovna;
- garage in the village of Kulikovo, on the street. Kirov, 45, and the car "Nissan Kashkay" in 2002 - Ivanov Ivan Ivanovich;
- kitchen set (corner sofa and folding table) - Ivanova Marina Petrovna;
- TV "Samsung", a diagonal of 22 inches - Ivan Ivanovich.
With the terms of this contract are acquainted,claims to each other do not have. All the rest of the co-owned property is divided in half. Jewels are recognized as the property of the person to whom they were given.
And how will the claim for the sharing of jointly acquired property look like? In fact, he is not much different from the agreement. But the difference is still visible. You can use the following template:
I, Ivanova Maria Petrovna (passport details),I ask you to make a section of jointly acquired property during the marriage with Ivanov Ivan Ivanovich. During the period of officially registered relations we acquired:
- 1-to the apartment, 31 square meters, the date of purchase 22.07.2012;
- kitchen set bought on May 15, 2013;
- LCD TV "Toshiba" with a diagonal of 65 inches, 9/12/2013.
I also made investments in repairspremarital apartment Ivanov Ivan Ivanovich. I ask to recognize this real estate in general and make a section in accordance with the established legislation. All documents and checks are enclosed.
This is how the "claim" section looks likeof acquired property. This is just a template. It helps to understand the general principle of drawing up a document. In the same way, all the property that the husband and wife has in marriage is signed. And then publish a request to share it.