Dividing property in a marriage is usually a complex procedure. Often the parties cannot come to a consensus regarding the division of property. Current legislation defines two options for dividing property :
- Agreement on the division of property (the parties independently indicate the state that remains with them).
- Judicially.
The division of property is regulated by family law . Common property can be divided by mutual agreement of the parties. This article will mainly discuss how to correctly legally consolidate the positions of the parties: by means of a receipt and renunciation of their part, or by drawing up a division agreement.
Only wealth acquired jointly during marriage . Direct types of joint property are provided for in Art. 34 IC (Family Code) of the Russian Federation:
- The first type is savings acquired during marriage (any movable and immovable property, for example, an apartment, a car, and so on).
- Securities and bank deposits are also recognized as common property.
- The next type is the income of individuals, also income as an entrepreneur, income from copyright, intellectual activity (for example, disability benefits, unemployment benefits, etc.)
Features of property division
After the spouses have divorced, all property acquired by them while living together must be divided accordingly. It is worth noting that the procedure does not require judicial intervention if the parties can independently and without disputes divide all acquired movable real estate.
When dividing the property of spouses, emphasis is placed on the property of the first, second and third order. These include the following types of property:
- Securities, shares, cash deposits in different currencies.
- Real estate - houses, apartments, commercial buildings, garage, land.
- Transport – land, water, air.
- Luxury art items.
When drawing up a marriage contract, the value of all the types of property listed above is indicated in kind. This is necessary if one party during a divorce wants to buy the entire property. In this case, the spouse must pay part of the share of the property specified in the agreement.
It is worth noting that the completed marriage contract must be registered with a notary. In the case of a receipt or agreement, if all points of the document are observed, notarization is not required. Recognition of rights to property under an agreement is carried out after its signing. If it is necessary to re-register the right to 1 person, the agreement will confirm the transfer of this property to one of the divorced spouses.
After the divorce, the agreement takes on its legal force. The motivating condition of the agreement is precisely the fact of divorce. Until this moment, while the spouses are not divorced, they can challenge the transfer of ownership under the receipt. A document in accordance with the established procedure of a settlement agreement allows, without the involvement of judicial authorities, to carry out the redistribution of property that was received during the marriage.
What is better: a receipt or an agreement?
Property in the form of conscientiously acquired property can be included in a receipt, agreement or contract. The title of the document makes no difference. Each of them contains a single meaning and principle that reflect the family and civil codes.
Sample agreement
If there are minor children during the division, then shares or part of the property by agreement can be transferred to them. To do this, the birth certificate must be indicated on the paper. According to the concluded agreements, there are no differences either in the receipt or in the agreement.
If the stated conditions in the document are violated, the applicant can file two claims at once for compensation for material damage and invalidation of the agreement.
To avoid such incidents, you should have the receipt certified by a notary. In this case, when submitting documents to a lawyer, he will check them for proper completion and help correct the document.
Sample agreement 2
Child support can also be made by agreement. In this case, they are not appointed by the court. Based on the cost of living and the allowance for the child, the spouses enter into an agreement and have it notarized.
Attached documents
A certain package of documents must be attached to the statement of claim; in each specific case, different papers will be required, but there are those that are required to be presented in any case, these are:
- A copy of the registration record from the registry office stating that the marriage between the plaintiff and the defendant was concluded, when and where it happened. As you know, upon divorce, the certificate of registration is withdrawn, so the plaintiff will be able to confirm that the marriage previously took place only with this document.
- Copies of identification documents of the parties to the process.
- Certificate of divorce.
- All title documents for joint ownership.
- If necessary, an independent expert report on property valuation.
- Receipt for payment of state duty.
In addition to the above, the court may request an additional package of documents, namely:
- Birth certificates of all minor children or adult incapacitated family members.
- Certificate of family composition.
- Additional technical, cadastral, permitting or other documents for property.
Photocopies of all required documents are attached to the statement of claim, and in as many copies as there are parties involved in the court, at least three copies: for the court, the plaintiff and the defendant in the case. But in court, already during the proceedings, the plaintiff must have with him the originals of all documents attached to the claim.
Important. Unlike other attached documents, the receipt for payment of the state duty must be attached in the original, otherwise the court will not accept the application for consideration.
Rules for issuing a receipt
When drawing up a receipt for the division of jointly acquired property, you should take into account many nuances when filling out the paper. These include the following rules:
- The receipt is made only in writing.
- Only property can be described in paper.
- If there are minor offspring, shares are also assigned to them.
- The amounts of compensation for the complete transfer of ownership of objects are written down in numbers and in words.
- The passport details of each party must be entered.
- At the end of the document, signatures and transcripts of the initials of the spouses are placed.
If you have a child, the registration must be pushed through. A child cannot be deprived of a share in real estate or a place of residence. When transferring an apartment, these points must be taken into account.
Sample receipt for division of property
When it comes to collecting a debt under a receipt, it is necessary to take into account such nuances as obligations when transferring words. If a person has undertaken to transfer the due amounts to another person by receipt, and as a result delays payments or hides, the plaintiff can contact the bailiffs to collect the debt.
If you have debts, a receipt allows you to legally not only claim them, but also collect them. It is worth noting that this form of document does not require notarization.
Legal validity of the receipt
Ownership of a real estate type of object must be documented. In this case, it is necessary to take into account the details of the person transferring the object for use and possession. When transferring ownership of an object, it is important to indicate its technical data, registration, as well as the region and republic where the property is located.
During the trial, this will help prove that the type of property being transferred was exactly what was described in the receipt. These aspects are considered important since the division requires accurate data for each object. If there were errors in the information, the receipt may be invalidated.
The family budget may also be divided. To do this, you need to note all the savings that were opened in the accounts during the marriage. An important fact when dividing money is that the receipt has legal force.
Here, the law establishes that when spouses leave a receipt, it does not require notarization. This means that the paper immediately after its signing becomes legally significant. As a result, users may not have it notarized when drafting it.
As for paternity, communication is carried out according to an agreement concluded through a notary. When concluding a peace agreement on alimony payments, the parties agree when the father will visit the children, and for what period and what amounts will be credited to their accounts as fulfillment of alimony obligations. They are prescribed in family law.
This agreement governs the relationship between the spouses. If the father violates the terms and does not pay child support, the mother can apply with a written receipt to the court to order forced collection of arrears on child support obligations.
Does the document need to be certified?
A notary can not only register the will of the parties to the agreement, but will also help to formalize everything correctly. A legally competent specialist will not sign a receipt stating that there are no claims.
Their absence does not oblige the parties to anything and does not give them rights. The receipt may be invalidated in court.
They may find fault with the title of the document or the absence of some information. Each legally significant document has its own details and form.
Most likely, the notary will recommend drawing up an agreement where one of the parties writes a waiver of the common property. Such a document will allow the second participant to freely dispose of the property at his own discretion.
Legal advice
After concluding this type of agreement, rights and obligations arise for each of the parties. It should be noted that objects of movable and immovable property subject to registration must be specified in detail upon transfer in the receipt.
They should indicate cadastral and registration numbers. If a dispute arises in the magistrate's court, this will make it possible to prove involvement in this object as property that was acquired or acquired during the marriage.
Do not forget about the statute of limitations for filing a claim. It leaves only three years for civil cases. When redistributing property, it is necessary to complete all operations within the specified period. It begins from the moment the receipt is signed. Within 3 years, each of the parties can appeal any of the points in the paper in the magistrate's court.
Video on the topic:
Sample receipt for division of jointly acquired property
There is no approved form for the receipt; it can be written in any form. The main requirement is that the information must be as complete as possible and meet the basic requirements for legal documents.
Example:
Receipt for division of property
Moscow
03/15/2018
Citizens Ezhikov I.I. and Ezhikova S.S., marriage registered on June 1, 2011 in the registry office of the Central District, decided to divide the common property in accordance with Art. 38 SK under the following conditions:
- Common property is:
- 3-room apartment at st. Lenina, 12 Certificate of Rosreestr No. 00000000 dated 06/06/2014
- A dacha plot of 0.8 hectares in the Zvezda residential complex. Cadastral number 123456789. Rosreestr Certificate No. 000000 dated 08/18/2012.
- The car is a Lada 2013 model. Technical passport 000000.
- Deposit in Tinkoff Bank account No. 000000 in the name of S.S. Ivanova. in the amount of 1,300,050 rubles.
- Jewelry: gold necklace weighing 10 g with a 5 carat diamond.
- The parties agreed to the division of property as follows:
- The apartment is transferred to I.I. Ezhikov.
- Transport, jewelry, summer cottage, deposits remain the property of S.S. Ezhikova.
- The property is transferred to the parties in accordance with the established procedure.
- Registration of rights to movable and immovable property must occur within 90 days after the conclusion of the contract.
- The parties guarantee that the property is not pledged to the bank, is not under arrest, is not donated or sold to third parties.
Ezhikov I.I. _________(signature)
Ezhikova S.S. _________(signature)
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