Application for division of property

The need to divide property arises when spouses divorce. Another basis for holding an event is often inheritance by law. It is not always possible for the interested parties to reach an agreement on their own by concluding a settlement agreement. In such a situation, you have to resort to the assistance of the judiciary and, as a result, provide documents to the court for the division of property. In both cases, competent preparation of documentation is key, ensuring effective defense of the interests of each party.

Legal basis and types of property for division

The procedure for dividing property through the court or by agreement of the parties is regulated by two basic legislative acts - the Family and Civil (Part 1) Codes of the Russian Federation. They determine what documents are necessary for the successful implementation of the event.

Equally important to the issue at hand is the type of property owned by the spouses. It is important to understand that the common property of husband and wife acquired during marriage is divided. Not subject to division:

property acquired before marriage;
property received as a gift or as an inheritance by one of the spouses;
personal belongings and items of no particular value;
patents and copyrights, as well as other types of intellectual rights;
property acquired after the official divorce;
children's property and funds placed in accounts opened in their names. In any case, such property is transferred to the spouse with whom the children remain.

Important
. Do not forget that not only property is subject to division, but also the debts of the spouses created during the marriage. They are also distributed equally between the ex-husband and wife. The exception is loans taken without the knowledge of the spouse or to meet personal needs.

All other property that is common to the spouses is subject to distribution between them. The answer to the question of what documents are needed for the division of property depends on the chosen option for carrying out this difficult event.

Property division there are no documents for the apartment

Lawyer: Vladimir Krasnikov

Two options for dividing property

The law allows two ways to divide common property between spouses. The first involves drawing up a settlement agreement on the division of property, and the second involves the husband and/or wife going to court. The procedure and list of required documents for each option have their own characteristics.

Settlement agreement

The absence of conflicts in the division of property that accompanies the divorce of spouses is very rare. Therefore, it is much easier and more competent to draw up an agreement on paper, not limiting ourselves to verbal agreements. An agreement on the rules for the use of common property and the rights of each party can be concluded at any stage of the relationship - before or during marriage. After or during the divorce process, it is advisable to draw up a settlement agreement on the mechanism for distribution of property. Any such documents on the division of property must be certified by a notary.

An even more correct way to protect the parties from possible unpleasant consequences of divorce is to conclude a full-fledged marriage contract. Typically, such a document is prepared by a lawyer either before marriage or during the marital relationship. There are two main requirements for it: the absence of pressure from one of the parties during the conclusion and notarization. Failure to fulfill any of the conditions may become grounds for invalidating the marriage contract.

Division of property through court

A much more troublesome and lengthy procedure for dividing property will be required if you fail to reach an agreement on your own. In such a situation, all that remains is to seek help from the court, which acts as a kind of mediator between the interested parties.

The basis for starting a trial is a statement of claim filed by one of the spouses. It is supported by documents for a claim for division of property, the purpose of which is to substantiate the applicant’s position and provide comprehensive documentation of the common property owned by the spouses.

When making a decision, the judge is guided by the provisions of the current legal framework. The key principle is equal distribution of common property between spouses.

Important
. Deviation from the standard division scheme - 50%/50% - occurs mainly when the interests of children are taken into account. The largest share of the property is usually awarded to the spouse with dependents.

Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:

Claims for division of property are filed at the location of the property itself. Today it is possible to file claims through the Electronic Justice portal, which will significantly facilitate the process at the initial stage.

Marriage, divorce and your real estate

Division of property in divorce: complex cases

Where is documentation for division of property provided?

The answer to the question in the title depends on the option chosen by the spouses to solve the problem. If a settlement agreement on the division of property is drawn up, it must be certified by a notary.

When filing documents for litigation, the amount of the claim becomes of great importance. If we are talking about common property within 50 thousand rubles, the case is considered by a magistrate. If the specified amount is exceeded, the city or district judicial authority at the place of official registration of the applicant will handle the proceedings.

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.

Mandatory set of documents

As noted above, the list of documents for the division of property depends on which method of implementation of the event is chosen by the spouses. In any case, documentation is divided into two types - mandatory, which is always provided, and additional, necessary in specific situations.

By agreement of the parties

The basic principle that should be followed in such a situation is the mandatory notarization of any executed documents. This approach to solving the problem significantly increases the chances of successfully protecting one’s own interests in the event of any controversial situation.

Registration of a settlement agreement involves the provision of several mandatory documents for the notary:

copies of passports of each party;
title documents for the property that appears in the agreement, for example, a certificate of ownership or an extract from the Unified State Register of Real Estate;
receipt of payment of the state fee for performing notarial acts.

Important
. The more supporting documents that allow the identification of property and its real value to be provided to the notary, the better. A similar principle for divorce and division of property also applies when applying to the judicial authorities.

The result of the settlement agreement is the registration of ownership rights to the new owner. If we are talking about real estate or vehicles, mandatory state registration of such transactions is required. For its successful and trouble-free implementation, it is necessary to provide the following list of documents to the regional division of Rosreestr or MFC:

passports of current and future owners;
settlement agreement certified by a notary;
title documentation for the property;
documents confirming the absence of encumbrances or restrictions on the use of property;
documents confirming the absence of property tax debts.

When going to court

Litigation involves the preparation of a much more voluminous set of documentation. Its composition is determined individually for each specific case. All necessary documents, with some degree of convention, can be divided into three categories:

confirming the status of each party to the case - marital status, presence of children, grounds for recognition as heir, etc.;
determining the type and nature of the property to be divided, for example, real estate, valuable items, funds in accounts, deposits or cards;
explaining the circumstances of the acquisition or receipt of property, which is a fundamental point in determining the common or personal property of the spouses.

The set of mandatory documents for the court includes:

copies of spouses' passports;
certificates of marriage and divorce (if available);
documentation about the absence of a marriage contract or its recognition as invalid.

How can spouses file for division of property?

If it is impossible to divide the property voluntarily, the spouses go to court. The court office accepts for consideration only applications that meet the requirements.

Interested parties should take into account the following nuances of the division procedure:

To determine the price of the claim, in accordance with, an assessment of the property is carried out during division. This procedure establishes the market value of joint property at the time of going to court. The expert's opinion relates to evidence, according to.
In addition to the appraiser's conclusions, the claim is accompanied by certificates of marriage registration, divorce, title documents for property, calculation of the cost of the claim and a receipt for payment of state duty. determines what documents are needed for the division of property.
The form and content of the statement of claim are established. It is necessary to indicate the details of the court, the plaintiff, the defendant, the price of the claim and the justification for the claims.
The statement of claim is filed in accordance with the rules of jurisdiction and jurisdiction of civil cases. According to , disputes in the amount of up to 50,000 rubles are considered by a magistrate. In other situations, the case is sent to the district court. Geographically, the application is submitted at the location of the real estate or at the place of residence of the defendant when dividing movable property.
The case of division of property is subject to consideration within 2 months (). At the preliminary hearing, the court determines the circumstances relevant to the consideration of the case and the sufficiency of evidence. The hearing takes place in a court session with notification of the place and time of the plaintiff and defendant.
Ch. 39 of the Code of Civil Procedure of the Russian Federation provides for an appeal against a decision if it does not satisfy the plaintiff or defendant before the document enters into legal force. establishes a one-month period from the date of the decision. An appeal against the division of joint property is filed in the following cases:

violation of substantive and procedural law;
incorrect definition of circumstances;
lack of proof of the circumstances established by the court of first instance;
discrepancy between the court's conclusions and the circumstances of the case.

contains other circumstances in which the decision of the court of first instance is subject to cancellation by the court of appeal.

When filing a statement of claim or appeal, a state fee is paid in the amount established by s.

Additional documents for special cases

When deciding to prepare documents for the court, it is necessary to take into account the specific circumstances of the case. First of all, we are talking about several key factors, the most common of which should be considered separately.

Property type

When dividing real estate (apartments, private cottages, estates and houses, rooms and other residential premises, plots of land, commercial and outbuildings, garages, etc.), the following additional documents are provided:

an extract from the Unified State Register of Real Estate on the ownership of the object, other title documents;
technical or cadastral passport and other similar documentation;
payment documents confirming payment for the acquisition of property;
independent assessment of the market value of a real estate property;
for housing - an extract from the house register about registered residents and the presence/absence of debt on utility bills.

When dividing a vehicle, the technical passport, documents on the purchase and registration of the car, expert opinions on the cost of the car and other similar documentation are considered as additional documents. If other types of property need to be divided, the title documents for the property become key.

When spouses live separately

Often spouses separate before the marriage is officially dissolved. This must be taken into account by the court when making a decision. The fact is that property acquired during separation is personal and is not taken into account when dividing property. The only condition is mandatory confirmation of the fact of separation of the spouses, documentary or witness.

If you have children

Property registered in the name of children is not subject to division upon divorce. There are simply no exceptions to this fundamental rule. Moreover, it does not matter whether we are talking about real estate, movable property or funds - cash or placed on accounts opened in the name of the child. Personal property of children includes any gifts addressed to them. It is also necessary to remember that the spouse with whom the children remain has the right to claim more favorable conditions when dividing property.

Married or after divorce

As noted above, the law allows for the division of property at any stage of marriage. Before its conclusion or after official registration, a marriage contract is drawn up, and after a divorce, a settlement agreement is drawn up. The list of required documents for all of the above situations differs slightly (the presence of a certificate of marriage or divorce). The main requirement is notarization of the marriage contract or settlement agreement.

Redevelopment of non-residential premises: what documents are needed?

What documents are needed for the legality of redevelopment depends on when it is developed - at the project stage or at the stage of approval of existing changes. In the first case, when the project is ready, but the redevelopment has not been done, it is subject to mandatory approval from the competent authorities.

The agreed documentation is a set of documents and mechanisms for legitimizing unauthorized redevelopment. The interested party has the right to submit these documents to the court if the authorized body creates obstacles to the approval of redevelopment that does not violate construction and technical standards.

Let's consider what documents are needed at the first stage to coordinate the redevelopment of non-residential premises.