Statement of claim for division of property after divorce
Not all spouses are able to simultaneously withstand both divorce and division of jointly acquired property in 2021. Sometimes this procedure is postponed until a later date after the divorce. The legislation does not object to such actions.
Family law does not define limitation periods for this type of case. Therefore, it is worth focusing on the Civil Code of the Russian Federation. Art. 196 determines the general period for civil cases - 3 years. The countdown is not from the date of divorce, as some believe, but from the moment when the plaintiff learned of the violation of his property rights.
However, as experts advise, it is not worth significantly delaying the filing of a claim for the division of spouses’ property. Because over time, the property itself deteriorates, which means that if monetary compensation is due for it, then in a few years it will be several times less. Plus, evidence is lost. Therefore, the sooner the spouses begin dividing their jointly acquired property, the better.
Statement of claim for division of property between cohabitants
Currently, the situation has become widespread when a man and a woman live together, run a common household and even have children together, but do not register their relationship with the registry office. In this case, the conditions of family law do not apply to couples. Those. the property acquired by them during the period of cohabitation will not be considered joint property. This means that it will not be possible to divide it into equal shares.
Sample statement of claim for division of property between cohabitants.
But this does not mean that the property relations of such couples are not regulated in any way. It’s just that to resolve the issue, it is necessary to turn not to family law, but to civil law. A claim for division should be filed only if there is a good evidence base that can confirm that money from both parties was invested in the purchase of things. Plus, testimony is desirable that the couple ran a joint household.
As evidence, documents of title to the property, all kinds of payment documents, statements of the movement of funds in bank accounts, receipts for payment of housing and communal services (if the apartment is registered in the name of one person, and another paid for it) are accepted.
Sample statement of claim for division of property
A claim drawn up according to the rules must contain the following information:
- in the header of the document you should enter its name and information about the addressee (name of the court and its location);
- basic passport data of the plaintiff, defendant and applicant, if such is an authorized representative (full name, residential address, series and number of general civil passports);
- the cost of the claim for division (this is the sum of the values of all property objects that will be subject to division);
- the main essence of the complaints. Here, first of all, you should indicate information about the concluded and/or divorced marriage (date, place), as well as the fact of the presence of minor children. Then the plaintiff states what he sees as an infringement of his rights, and indicates in detail all the property that is supposed to be divided. If an apartment is divided, then its address, floor, number of rooms, cost. If the spouses’ common property has title documents, then information about them must also be provided. This section also sets out the plaintiff's basic claims. For their validity, it is necessary to provide references to legal acts;
- a list of all necessary documents that must be attached to the claim for division of property;
- date of compilation and signature of the applicant with transcript.
The hearing on the division of marital property and the procedure for dissolution of marriage with the establishment of guardianship of children can be carried out simultaneously.
Documents attached to the claim
No lawsuit is accepted by the court for consideration unless a certain package of documents is attached to it. The application for division is submitted together with the following documents (copies are required):
- civil passports of both parties to the process. If children are involved in the division of jointly acquired property, then depending on their age, either their passports or birth certificates are needed;
- certificate of registration (or divorce) of marriage between the plaintiff and the defendant;
- documents that certify ownership. This could be an agreement of gift, inheritance, purchase and sale, extract from the Unified State Register, etc.;
- documents confirming the legality of the plaintiff’s claims (sales and cash receipts, bank statements, etc.);
- when dividing real estate, its technical passports will be required;
- certificate from the passport office about family composition;
- payment document confirming payment of the state fee for filing a claim.
Depending on the situation, the plaintiff himself can decide what other documents are needed and attach them to the claim. This may be a conclusion from an appraiser from an SRO on the value of the property that is subject to division, a certificate of income, etc.
State duty
There is no single amount of state duty for an application to the court. The plaintiff must carry out its calculation independently, relying on Art. 333.19 Tax Code of the Russian Federation. The starting point for calculations is the claim price. The established minimum for the state duty cannot be less than 400 rubles, and the maximum is 60 thousand rubles.
Claim for recognition of property as common joint property of spouses
A civil marriage was concluded between the plaintiff and the defendant. There is a son from the marriage. The life together of the plaintiff and the defendant did not work out and their marriage broke up. There is a dispute between the spouses about the division of jointly acquired property, since during the marriage they acquired joint property. The plaintiff requests that the property acquired by the spouses during their cohabitation be recognized as joint property and that the residential building be divided.
In __________ federal court in ___________
Plaintiff: __________________________ resident, __________________________ _________________
Defendant: ________________________ resident, ________________________ _________________
STATEMENT OF CLAIM for recognition of property as common joint property of spouses
In _____, a civil (Sharia) marriage was concluded between me and the defendant. From that time on, we began to live together and ran a joint household. From marriage we have a son - _______________________ ___________ born. On ______________, our marriage was officially registered, for which a certificate of marriage registration was issued, dated __________, No. ____. Due to the incompatibility of our characters, life together with the defendant did not work out and our marriage broke up. In fact, the marriage relationship between us has been terminated since ________ _____. Reconciliation between us, further life together and preservation of the family is impossible. There is no dispute between us about the child’s place of residence. There is a dispute between us about the division of jointly acquired property, since during the marriage we acquired joint property. In _____, we bought a house located on a plot of land sq. ____ sq.m., at ________________________. By our mutual agreement, the purchase and sale agreement for the above-mentioned home ownership was drawn up on behalf of my ex-husband ___________ All documents for the house were also issued in the name of the defendant. The house was built in ___ years and consisted of ___ rooms, a corridor, a kitchen and a bathroom. The total area was _____ sq.m., including living area _____ sq.m. We did not have and do not have any other housing and therefore, during the marriage, we jointly invested money in home improvement according to _______________ We carried out a complete overhaul of the house during the actual marriage relationship - we completely removed the crumbling plaster, made a new one, plastered the walls, updated the ceilings, windows and the doors were widened and changed, the equipment was changed, new walls were erected, a corridor was added, the electrical wiring was changed, a new floor was also laid in the hall, and extensions were erected. In addition, a major new building was built in place of the garage and kitchen, and a building consisting of 2 rooms, an entrance hall, and a storage room was erected in the garden. Half of the yard from above was covered with a concrete ceiling, and the yard was arranged. As a result of a major renovation of the house, its value increased significantly. The family's funds were invested in major repairs, meaning that the property in question is joint and subject to division. The fact of actual joint residence in a marital relationship is confirmed by the birth of a common child, born _________, registered at the clinic at the place of residence. According to Art. 254 of the Civil Code of the Russian Federation, the division of common property between participants in joint ownership, as well as the allocation of the share of one of them, can be carried out after a preliminary determination of the share of each of the participants in the right to common property. In accordance with Art. 34 of the RF IC, paragraph 2, joint property of spouses is property acquired during marriage, regardless of which spouse it was acquired for or in the name of which or which of the spouses contributed funds. According to Part 2 of Art. 39 of the RF IC, the court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustifiable reasons or spent common property of the spouses to the detriment of the interests of the family. After the breakup of the family, my son lives with me, he studies and is dependent on me, and when dividing property, it is necessary to take into account his interests. At this time, I have reason to fear that the defendant ______________. intends to sell, including donate and transfer for use to other persons, the disputed home ownership. I believe that the presence of the specified home ownership is necessary evidence in the case in the event of a dispute between the parties about its value. According to Art. 139 of the Code of Civil Procedure of the Russian Federation, upon the application of persons participating in the case, a judge or court may take measures to secure the claim. Securing a claim is allowed in any situation in the case if failure to take measures to secure the claim may complicate or make it impossible to enforce the court decision. In accordance with Part 2, Clause 2, Art. 333. 36 of the Tax Code, I am exempt from paying state fees when going to court. Based on the above and Art. 34,38,39 RF IC, Art. 139-141 Code of Civil Procedure of the Russian Federation I ASK: 1. Recognize the property acquired by us during our cohabitation as joint property and make a division of the residential building located at ______________________, and consisting of __ living rooms (___ sq.m., ___ sq.m. m., ___ sq.m., ___ sq.m.), corridor, kitchen and bathroom, as well as 2 extensions (___ sq.m. and ___ sq.m.), garage. Carry out a division of the property located at the address ________________, taking into account the interests of the child, allocating to me my part of the property in the amount of ___ part of a residential building, and non-residential buildings and ___ part of the land plot. Allocate to the defendant ___ part of the residential building and non-residential buildings and ___ part of the land plot.
Appendix: 1. Copy of the statement of claim. 2. A copy of the marriage certificate. 3. A copy of the child’s birth certificate 4. A copy of the purchase and sale agreement dated ____________ 5. A copy of the technical passport. 6. A copy of the disability certificate.
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