Division of a land plot upon divorce of spouses, division of land

Definition of divorce

Divorce or dissolution of marriage is the termination, in the form prescribed by law, of all the rights and obligations that arise for spouses during the creation of a family, p.

The Family Code of the Russian Federation (hereinafter referred to as the RF IC) provides for two types of divorce - in the civil registry office (hereinafter referred to as the Civil Registry Office) and in court. The first option requires consent to divorce by spouses who do not have common minor children or claims against each other.

One month after submitting the application to the registry office, a certificate of divorce is issued. It must be obtained from the registry office even after a trial, since the court only makes a binding decision, but does not issue official documents.

What to do if the land plot is indivisible

As you know, if a land plot does not coincide with certain indicators of the area norm, then the court will not have the opportunity to divide it in kind between the divorcing parties, since the cadastral service will simply not register this plot.

Types of land division

How the land plot is divided during a divorce in 2021 will depend on the decision of the parties. The division of a plot that belonged to spouses on the basis of the right of common ownership can be carried out in two ways. One of them provides for a voluntary agreement of the parties, which establishes the order of division, the size of the shares of each spouse, and so on.

If the parties could not agree on the procedure for dividing the property, then they are forced to go to court.

Regardless of the procedure for dividing the site, new boundaries must be registered with the relevant government agency.

The division of a privatized land plot during a divorce depends on the time of privatization. That is, it is important to know whether one of the spouses owned this plot before marriage or whether ownership of the land was formalized during marriage.

Voluntary section

Voluntary division involves the conclusion of a written agreement in which the parties indicate all the conditions, and also determine further rights to the property, taking into account the shares of the land plot.

This method is the most peaceful and fastest compared to legal proceedings. It does not require the cost of assessing property and paying state fees when filing a lawsuit, and also eliminates the need to go to court and interact with the parties to the lawsuit. However, since in this case, in practice, it is possible to fulfill one’s obligations in bad faith and not respect the boundaries of the site, it is better to draw up such an agreement in writing and have it certified by a notary.

Find out how to enter into a settlement agreement during a divorce.

Judicial section

The division process, the allocation of shares, as well as the determination of monetary compensation take place through the court if the spouses could not agree on their own how to divide the land plot.

The judicial procedure begins with the preparation and submission of a statement of claim and other necessary documents, collection and presentation of evidence. Subsequently, it will be necessary to participate in court hearings, an integral part of which is the assessment of the land plot, conducting an examination, and the like.

The judicial process determines the size of the parties' shares, the procedure for using property, and the division of outbuildings. However, before a decision is made, the parties will have to face material costs. You should also be prepared for the fact that the division process may take several months.

Learn about the peculiarities of the division of real estate during a divorce through the court.

Statement of claim for division of land between spouses

When spouses cannot independently agree on the division of a plot, they should contact the courts. First, a statement of claim is drawn up, and it is better to entrust the drafting of the document to an experienced lawyer. This will help you avoid serious mistakes and also save a lot of your time.

After the application is accepted, a hearing is scheduled at which a decision is made on dividing the plot. The parties receive a writ of execution.

If the division occurred in kind, that is, the land plot is divisible and was divided between spouses, then each applies to Rosreestr and registers a new object.

In the case of an undivided plot, the land is transferred to one of the spouses, and an obligation to pay compensation to the second spouse is also imposed. The amount and procedure for payment are also determined by the court.

How to file a claim

Art. 38 of the RF IC provides for the division of joint marital property during marriage or after its dissolution. If a voluntary agreement is not reached, then the division is carried out in court.

Claim requirements

The statement of claim is a procedural document of the established form. Failure to comply with the form will result in the application being returned within the time limit set by the court.

The statement of claim for the division of a land plot must contain the following information:

name and address of the judicial authority to which the claim is sent;
personal data of the spouses, information about their marital status;
data about third parties;
document title;
information about the land plot regarding which the dispute is ongoing;
information about the violation of rights and the cause of the dispute, the reasons for the impossibility of a contractual resolution of the issue, other circumstances that may affect the court’s decision;
substantiation of the plaintiff’s claims for part of the land plot, size, monetary compensation to the other party;
data on newly formed areas;
links to the legislative framework and judicial practice;
statement of claims;
date and signature.

The application is accepted both in handwritten and printed form, and must be drawn up in an official business style.

Package of documents

The number of statements of claim that are sent to the court depends on the number of parties involved in the case. The minimum number of copies is three: for the plaintiff, defendant and judge.

Each application must be accompanied by the necessary documents, namely copies of:

passports of the parties;
certificates of marriage and/or divorce;
title documents for the land plot;
technical, cadastral passport for the land;
appraisal documents;
receipts for payment of state duty. Its size depends on the price of the claim, which is calculated depending on the value of the share for which the plaintiff makes a claim. In accordance with Art. 39 of the RF IC, shares before the division of property are recognized as equal.

Main points of the claim

In order for an application to be accepted for consideration, the document must meet certain requirements. In particular, the claim must include the following points:

full name and details of the court where the application is being submitted;
Applicant's full name and contact details;
Full name and contact details of the second party;
description of the problem (for what reasons the situation arose, what caused the claim);
plaintiff's claims;
information about what steps have been taken to resolve the problem peacefully;
description of the existing site, as well as the buildings located on it;
a list of legal provisions relied upon by the plaintiff;
a list of all documents attached to the application;
date of registration and signature.

Impossibility of dividing the plot

Allocation of a natural share in a land plot is not always possible. In this case, the plots are recognized as indivisible and cannot be divided either by agreement or by court decision.

Civil and land legislation stipulate that the main condition for divisibility is the criterion of the possibility of separating from one plot several others, which will have the same regime of use as before the division.

Another criterion is compliance with the size of the minimum provision rate. Each site has its own standards according to its intended purpose. In addition, additional rules may include the presence of a separate entrance, access of both spouses to common lands, and the absence of real estate that cannot be divided.

The criteria for dividing a plot depend on the legal (right to the plot and the number of owners) and technical components (construction, environmental and sanitation standards).

Before making a judicial division of a plot, a land survey should be carried out, which establishes the possibility or impossibility of division, as well as the best option for the technical division of the plot.

If, based on the results of the examination, the plot is recognized as indivisible, then the spouses are offered alternative ways to divide it:

one of the spouses - a plot of land, and the other - property that is equivalent to its value, or monetary compensation.
leave the site in common ownership with subsequent determination of the rules for its use.
sale with subsequent division of funds equally or, by agreement, in unequal parts.

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Division of land with buildings

It becomes quite difficult to divide a plot of land and a house during a divorce if there are residential or non-residential buildings on the territory. In such a situation, completely different section rules apply.

When an agreement is reached, the house and other buildings are divided proportionally between the spouses, separate entrances are allocated, territories are determined, and so on. However, practice shows that the possibility of such a division is minimal

The court determines the procedure for using the land plot, taking into account the share of each spouse and the division of the buildings located on the plot.

If there are unfinished structures, the court divides the site based on the following criteria:

stage of construction and readiness of construction;
technical condition;
Possibility of completion after partition.

Taking into account these circumstances, the court makes a decision on the division of an unfinished house or a building for another purpose in proportion to the land shares of the spouses or equally. Common ownership ceases, and instead a shared right to part of the building arises.

Find out more about how a house is divided during a divorce.

Norms for dividing a land plot

The norms of divisibility used in practice are individual for each region of the Russian Federation. For example, in the capital and the Moscow region. apply Law No. 63/2003-OZ (adopted 06/17/2003).

This regulatory act approves the minimum land areas for plots, taking into account their purpose:

for farm (peasant) farms - the approved minimum indicator is 2 hectares, thus, the initial plot should not be less than 4 hectares in area,
for dacha (garden) plots - the minimum area is 0.06 hectares, therefore, the minimum area of the divided plot should be twice as large - 0.12,
for use for gardening purposes - the minimum for such lands is 0.04 hectares, that is, the area to be divided must be from 0.08 hectares.

If the plot complies with the above standards, there will be no problems with the division of land during the divorce process and division of property. Each spouse will be able to freely use their part of the plot as soon as it is registered in the cadastre.

For your information! During a divorce, land will be divided according to the same principle as the rest of the spouses' common property - each spouse will receive his own part corresponding to his share of ownership.

The compensation that one party will pay to the other for leaving the second share in its property will be calculated based on the size of the remaining land.

But, despite the rule of accounting for shares in the right of ownership, spouses during a divorce have the right to come to an agreement and divide the property at their own discretion. That is, they will be able to divide it as they want, if, of course, there is appropriate consent from the other side.

Watch the video. Is a privatized land plot subject to division between spouses:

Let's sum it up

According to the RF IC, divorce is possible in two ways - in the registry office and in court. When dividing the common property of the spouses, which includes a land plot, it is necessary to either agree on the procedure for using the designated and allocated shares and enter into an agreement, or go to court to obtain a competent decision.

Some plots of land cannot be divided. In this case, the legislation provides several options for their division. If there are buildings on the site (house, outbuildings), then the division rules will differ from the usual procedure.

Many people wonder how to avoid the division of a land plot during a divorce. To do this, it is enough to just agree with the other party on its use peacefully, by concluding and notarizing the appropriate agreement.

Court decisions

How to reduce the amount of alimony and divide property during a divorce
Divorce: how to divide property so that everyone is happy

Divorce proceedings: How to bring ex-spouses to a settlement agreement

When dividing property, the court left the wife an apartment purchased during marriage

How to return an illegally sold apartment

Divorce and all the ensuing consequences: what difficulties may arise during the divorce process?

Division of land during divorce by agreement: action plan

Currently, citizens of the Russian Federation have only two options to divide property during a divorce, including houses outside the city and land:

sign an agreement among themselves, defining the terms of the property division, but first an agreement is needed,
through the judicial authorities, if the spouses cannot reach a common opinion regarding the division of their common property.

Important! If a compromise is reached between the spouses and they agree on how to divide property (including land) among themselves during a divorce, then everything should be documented - a separate agreement is concluded and certified by a notary.

Download the settlement agreement on the division of property of spouses after divorce for free in word format

This option is much faster than a trial, because trials sometimes last a very long time.

When making an agreement, you should adhere to the rule - you cannot infringe on the interests of one of the parties or the children. It is for this reason that the drafting of such an important document as an agreement should be entrusted to a qualified specialist: a lawyer or lawyer.

Under these circumstances, the following sequence of actions should be performed:

find out whether the plot is classified as divisible,
agree in advance with the second spouse how the property will be divided during the divorce,
decide what kind of agreement will be drawn up: a settlement agreement (MS) on the division of property during a divorce, an MS on the allocation of shares in the common property of the spouses,
find a good lawyer who specializes in drafting the necessary agreement,
contact a notary: pay for notary services, collect the necessary package of documentation (identity, as well as land ownership, marriage registration certificate), provide the prepared agreement to the notary for verification.
sign the agreement drawn up and have it certified by a notary office.

Now all that remains is to register the acquired rights to part of the land plot or to a specific plot in the cadastral structure and the registration chamber.

Spouses also have the opportunity to decide what to do with the plot in the future if they have children: sell the land plot, transfer it under a gift agreement to their children, continue the general use of the property with the approval of separate rules for each co-owner.

Consultation with a lawyer on the division of property is free.

If the divisible plot cannot be divided

Sometimes situations arise in which the memory fully complies with the established minimum area for the possibility of its division, but still cannot be divided.

Usually they find out about such a moment when they find out under what circumstances the land was registered as the family’s property, and whether the plot is in the common possession of the spouses.

Some plots cannot be divided between divorcing parties because they are primarily personal property.

This happens when:

the spouse received the land plot under a gift agreement;
one or the other party inherited the plot;
the land was purchased, donated, registered as an inheritance, or privatized by the party before the marriage was registered.

If the land plots obtained in this way have not been modified by improving them at the common expense of the spouses, and their market price has not changed significantly during the period the parties were married, then they are not subject to division. The second spouse has no legal opportunity to claim a share in such property.

Remember! If the spouse has evidence confirming the facts of improvement of the land plot at his expense, payment for the repair work carried out, he will have the right to receive part of the property in proportion to the funds he spent on improving the plot, based on its value on the market at the time of division.

Features of dividing a plot with buildings

Dividing a plot equally with buildings is much more difficult. Therefore, this process is divided into two stages: first, a house, bathhouse or any other building is subject to division. Such real estate is divided depending on the share of each spouse or in half. For ease of sharing, two separate entrances can be constructed in the building for each owner.

When dividing buildings, in addition to physical division, other options are also possible, for example, payment of monetary compensation from one spouse to the other in exchange for renunciation of a share, sale of buildings along with land and division of the received amount of money, voluntary renunciation of a share, renunciation of a share in one of the buildings in exchange for full rights to another building, shared use without reconstruction.

Judicial division

If the spouses are unable to come to an agreement regarding the division of property between them or do not want to go to a notary, then during the consideration of the divorce case, they can also submit an application to the court for the division of the property.

Divorcing spouses have the opportunity to divide land in kind if isolated territories that meet the requirements of land legislation can be identified.

Isolated areas can be areas in which separate entrances to the territory can be provided, or there is the possibility of dividing the object in another way - by installing a fence, wall, etc.

Can all land plots be divided during a divorce?

Initially, the division of the land into equal parts is determined for each of the former spouses, but the parties can enter into a settlement agreement with their own conditions, according to which the division is made in unequal proportions.

When it is not possible to reach an agreement, either spouse has the right to involve the court so that the plaintiff’s requests are satisfied by the decision of the authority. At the same time, it is quite natural that the allotment is not subject to natural division into any parts.

If after the division there are independent plots:

cannot be used in the mode in which they were used before separation;
are divided into parts that do not comply with the minimum adopted by regional legislation;
have controversial objects;
do not have their own approach or entrance;

they are recognized as indivisible, and no court will be able to satisfy the demands of divorcing spouses. Therefore, before starting a division in a divorce, it is worth consulting with a lawyer and collecting all the documentation on the property. Any little thing that actually is not important can be important:

ownership of property;
number of documented owners;
satisfaction of urban and rural construction regulations;
compliance with environmental and sanitary standards;
rules of technical operation.

Sometimes, in order to carry out the correct distribution of plots, a special examination will be required to confirm the possibility of division, as well as to check the plot for compliance with all norms and requirements. If the results of the examination recognize the property as indivisible, then the court offers an alternative option.

Firstly, ownership is not subject to division, but goes to one of the spouses, while the second has the right to claim property equal in importance to the allocated land plot, or to monetary compensation.

Secondly, you can formalize joint ownership with rules for use by each party. In the end, the subject of the dispute can be sold, the proceeds divided between the spouses in equal proportions, after which mutual claims are eliminated.

It is always easier for the court to divide land on which there are no buildings. However, it is difficult to imagine a plot on which not a single building was built during our life together. How does the division occur in this case?

Division of a privatized land plot and, if there are buildings on it

When there are any buildings on the territory that serve various needs, the division of such property may be accompanied by significant difficulties. Ideally, two spouses receive equal territories and parts of buildings, which they can use at their discretion - half of the house, a greenhouse and their own “three hundred square meters”. In fact, it turns out that the court has to determine the share of each party, as well as distribute rights to ownership in various ways.

It is not uncommon to find a building that is not finished. In this case, the court considers the possibility of resolving the situation using the following features:

is it possible to divide the building from a technical point of view;
whether the parties will have the opportunity to complete the building on their own after the division;
at what stage is the construction process - foundation, external work, lack of roof, communications.

Having dealt with all the characteristics, the court can make a decision in favor of division, while the land plot and the building located on it are transferred to the use of the new owners on the rights determined by the authority. Each party disposes of the portion at its own discretion.

If a piece of land is privatized, several factors are taken into account. In what year was the privatization of the plot completed, was the process carried out during the marriage or before it? Buildings and direct ownership rights to them will play an important role.

If, for example, one of the spouses owned a plot of land before entering into an official relationship, but privatization was carried out after marriage, everything depends on the result of privatization:

the second spouse cannot claim division of this property if he is not allocated a share;
in the event of privatization and the spouse is determined to be a co-owner, he can put forward his claims to the division;
buildings completed using common family funds can be divided; those located on the site before marriage remain with the original owner.

When all processes have been carried out during family life - obtaining land, buildings, all property is subject to equal division, subject to the necessary conditions. In this case, the documentary component of all ongoing processes is taken into account.

As for land plots that are in full ownership of spouses, everything is quite clear. What to do if the land is leased?

Land plot: divided - not divided

Article 11.1 of the Land Code of the Russian Federation defines the concept of a land plot as part of the surface of the earth, the boundaries of which are established in accordance with the legislation of the Russian Federation.

The boundaries of land plots in the area are established by the land management process. Land plots are described and individualized in accordance with the procedure of maintaining the Land Cadastre, and each of them is assigned a personal cadastral number as a result.

Land plots, depending on the possibility of their division, are:

divisible,
indivisible.

The first are those whose size corresponds to the minimum standards for the provision of plots of a certain purpose for a specific region of Russia. Indivisible – land plots that do not comply with such standards and therefore cannot be registered in the cadastral register.

The division of a land plot during a divorce will be possible only on the condition that it is divisible. Article 1182 of the Civil Code of the Russian Federation clearly defines the sign of divisibility of a land plot - when dividing it, each part must fit within the framework of the minimum standards for the provision of plots for the corresponding intended purpose.

Some facts

When dividing plots of land, courts must take into account the size of the parties' shares, which are provided for in the right of common ownership. Only as an exception is it permissible to deviate from this. And then, in this case, the disproportionality of the division is compensated by a monetary payment.

These standards are determined differently in each region of the Russian Federation. The minimum sizes of plots of land provided for ownership by residents of the Moscow region are determined by article one of the Law of the Moscow Region No. 63/2003-OZ of June 17, 2003. According to it, the smallest land plot size for peasant or farm households must be at least 2 hectares, for gardens and summer cottages - at least 0.06 hectares, for vegetable gardens - at least 0.04 hectares.

If the land plot that the spouses want to divide during a divorce meets the established standards, then no problems should arise regarding its division. If the plot of land is indivisible, then the court will not divide it, and the cadastral office will not register it. But the spouses have three options:

sell this plot of land entirely and divide the money in half,
one spouse to refuse to allocate a share in this plot of land free of charge or to demand compensation from the second spouse equal to the value of their part,
leave the plot in joint ownership and establish a regime for its use by each spouse.

How to divide buildings on a plot of land

Do you know that

An important condition for the divisibility of a land plot is regulated by Art. 1182 of the Civil Code of the Russian Federation. Where it is said that when dividing a plot of land, each part of it must comply with certain standards for the provision of designated plots; division less than these standards is not permissible.

Article 1 of the Land Code of the Russian Federation speaks of the unity of the land plot and the buildings located on it. Therefore, any difficulties when dividing a house built on a plot of land rarely arise. The main condition is that this plot be divisible. Then the house can be divided. According to family law, each spouse has rights to half of it.

Even if the house is not completely built and is not registered as a residential property, it will still be classified as real estate as an unfinished construction project. The only condition is that this is not a foundation and half a wall, but at least a building with a finished floor, walls and roof. Between the spouses, it, like the land plot, will be divided in equal shares.