Division of property located abroad: procedure, documents for court proceedings abroad

Features of owning real estate abroad?

The rights of spouses to own real estate purchased abroad are the same and almost completely identical to the rights to housing purchased in Russia.
Main difference:

The division of real estate abroad must be made in the country where it was acquired.

In other words, according to the provisions of Article 30 of the Civil Procedure Code of the Russian Federation, a claim for the division of rights to real estate must be filed in the country where it was acquired.

For example, after the divorce, the Ivanov couple decided to divide their property. In addition to real estate in Russia, they were the owners of a small house in Spain. According to the law, they can only divide ownership of this housing in Spain.

Second feature:

If housing was given to one of the spouses under a gift agreement (“deed of gift”), then it is not subject to division.

The main problem of the division of property is reflected in the first feature. Is it possible to divide foreign real estate while in Russia? Unfortunately, there are no such cases in judicial practice. And the division of real estate abroad requires an appeal to a foreign court.

Division of real estate abroad in the Russian court

Despite the categorical rules of the Civil Code of the Russian Federation, it is possible to divide property located outside of Russia in our country.

A similar right arises in cases where former spouses divide all jointly acquired property located on the territory of the Russian Federation. In this case, the claim can also include housing or a plot of land jointly owned by the spouses abroad.

As a rule, such issues cannot be resolved without the support of a family lawyer.

Initial consultation with a lawyer on the division of property abroad can be obtained on our website.

According to whose legislation is the division of property carried out?

Depending on the country where the division of property will be carried out, two answer options can be distinguished:

Foreign court

The division of property will be carried out according to foreign legislation;

Russian judicial authorities

The judge is obliged to focus primarily on international agreements and treaties on this issue with the state on whose territory the property is located. Secondly, the judge pays attention to Russian legislation.

A correctly and timely drafted marriage contract, which will detail the division of foreign real estate in the event of a divorce, will greatly facilitate the division of property.

Required documents

Regardless of which country’s court will conduct the division of property, the main list of documents will be approximately the same.

We will analyze the case when the division of real estate abroad takes place in Russia:

Passport of each party (if necessary - a foreign passport or a passport of a second citizenship);
Certificate of registration of ownership, incl. original document;
Certificate of marriage/divorce;
Agreement on the allocation of shares in the house, incl. for children;
Contract of sale;
Marriage contract of spouses;
Receipt for payment of state duty;
Other documents in accordance with the legislation of the country where the property is located.

All title documents must be submitted in triplicate: the original and a copy for each of the parties to the case.

Remember that the package of documents may be different for each specific country. In addition, according to the Civil Procedure Code of the Russian Federation (Articles 64, 65), the judge has the right to request from the parties documents or other evidence from organizations of a foreign state that perform the function of registering and recording ownership rights to real estate.

Divorce with a foreigner in the registry office

In the civil registry office (i.e., without going to court), you can dissolve a marriage with a foreigner in the following cases:

1) The presence of mutual consent of both spouses to dissolve the marriage, provided that they do not have common minor children;

2) At the request of one of the spouses, if the second spouse (foreigner):

- declared by the court to be missing or incompetent;
- sentenced for committing a crime to imprisonment for a term of over three years.

To dissolve a marriage in the civil registry office, the following documents should be prepared (and submitted to the civil registry office):

1) a joint application for divorce of spouses who do not have common minor children;

option: application for divorce of one of the spouses, if the second is recognized by the court as missing or incompetent, sentenced to imprisonment for a term of over three years for committing a crime;

2) citizen’s passport (passports of both spouses, if a joint application for divorce is submitted);

3) with a marriage certificate;

4) receipts for payment of the state duty (650 rubles for each spouse with their mutual consent and 350 rubles if the application for divorce is filed by one of the spouses);

5) a court decision that has entered into legal force recognizing the other spouse as missing or incompetent, or a court verdict by which the spouse is sentenced to a term of more than three years.

The above documents are submitted to the registry office at the place of residence of the spouses, one of the spouses, or at the place of state registration of the marriage.

Citizens living abroad who have the right to divorce a foreign citizen in the civil registry office can also apply to the consular office of the Russian Federation or the diplomatic mission of the Russian Federation in the country of residence.

Why was it difficult

Previously, divorcing people could divide real estate, watercraft, cars, and everything else located in other states with the help of its legislative norms. That is, it was necessary to contact the relevant authorities abroad, which caused difficulties and led to considerable expenses. The reason was the reluctance of domestic courts to consider claims containing requests for the division of non-Russian property. The refusal was explained by the fact that it was under the jurisdiction of another country. This was done in all courts.

How the changes happened

The unhappy situation that had developed for owners of foreign property changed thanks to the Armed Forces. Establishing a new practice based on the old legislative framework. And we should thank the unknown citizen and her lawyer. After the refusal to share the housing purchased in Singapore, announced by the district court and an unsuccessful appeal, they showed enviable persistence and decided to use their last chance by appealing to the Supreme Court. And to the surprise of many experts, decades of practice was completely destroyed in one day, which made life easier for many people.

What was decided in the Supreme Court

After studying the materials of the case of the woman mentioned above, the judges of the Supreme Court recognized the refusal to consider her claim as a mistake. They voiced this by referring to a number of provisions set out in the legislation. Which include:

Art. 47 of the Russian Constitution, which states that no one has the power to deprive citizens of the right to consider a case if jurisdiction has been established, which was done;
Art. 34 of the Family Code, which lists things subject to division. There is also a rule stated that shares are allocated from all jointly acquired property;
Art. 161 of the Family Code, indicating that division can be carried out in another state only when the married couple had a place of residence there. That is, the court has the right to refuse Russians to satisfy their demands if they have permanently resided or are living abroad. But this had nothing to do with the described situation with the plaintiff citizen, since she and her husband traveled abroad exclusively on vacation.

It is also stated that the judges did not take into account the fact that the claim contained a demand not to change the rights to real estate, but to change the management regime. As a conclusion, it is indicated: in the future, courts are obliged, and always, to consider such appeals. The exception is cases when this contradicts international treaties.

Division of jointly acquired property abroad of the Russian Federation

23.11.2018

Head of the Department “Registration of Real Estate”, Head of the Department “Law Bureau”. Podyablonsky G.V.

Divorce proceedings are a very lengthy and sometimes unpleasant procedure, which, unfortunately, citizens are increasingly faced with. After people get divorced, they have three years to divide their marital property.

According to Art. 34 of the Family Code of the Russian Federation (FC RF), jointly acquired property means all property acquired during the marriage. This applies not only to real estate, but also to movable property, shares, deposits, securities, income from employment and much more, which is clearly regulated by the relevant article of the RF IC.

When all the property is located on the territory of the Russian Federation, there are no questions about jurisdiction and place of filing a claim in court, but what to do if the property is located abroad of the Russian Federation and is considered jointly acquired. A citizen of the Russian Federation faced this question when she filed a lawsuit in a Russian court for the division of jointly acquired property abroad. In the court of first and second instance, she was denied and the claim was returned, since the district court decided that all claims relating to property on the territory of other countries should be resolved in the territory of the countries where this property is located, and the regional court, in turn, supported this decision.

Having disagreed with this decision, the citizen was forced to appeal to the Supreme Court of the Russian Federation, which, in turn, considered the plaintiff’s demands to be legal and requiring attention.

The Supreme Court of the Russian Federation explained this situation in accordance with Art. 47 of the Constitution of the Russian Federation, which states that “No one can be deprived of the right to have his case considered in the court and by the judge to whose jurisdiction it is assigned by law.” And also based on the norms of the Family Code, in particular Art. 161 of the RF IC, which states that “the personal property and non-property rights and obligations of spouses are determined by the state in whose territory they have a joint place of residence, and in the absence of such a joint place of residence - by the legislation of the state in whose territory they had their last joint place of residence” . And it doesn’t matter in this case that the property is located outside the Russian Federation.

According to the plaintiff’s arguments, it became clear that she and her ex-husband lived on the territory of the Russian Federation; accordingly, the issue of division of property is within the jurisdiction of the Russian court.

Having overturned the decisions of previous instances, the Supreme Court of the Russian Federation came to the conclusion that it was necessary to send this case for a new trial.

division of property divorce family disputes

How to get your share

Due to changed practices, spouses wishing to divide something located outside the Russian Federation will have to follow standard steps. Their order:

Pre-trial section. This method is not only legal, but also recommended. Reason: it is not expensive, fast, only a voluntary agreement has to be drawn up;
Judicial section.

The last option is considered the main one and to get the expected result you should:

Collect documents allowing you to apply for a share;
Draw up a claim stating your wishes;
Submit the completed act. In most cases, people protect their interests in district courts. But, if the price of the issue is small, and the proceedings, presumably, will not be difficult, then the plaintiff spouse has the opportunity to apply to the amicable court, which will speed up the process. All collected evidence and a document confirming payment of the state duty are attached to the statement of claim. It can be a receipt, a check.

If everything is done correctly, and the defendant spouse does not have motivated claims, then the expected verdict is adopted at the first meeting. But this doesn't always happen.

What to do next

In fact, the conclusion of a domestic court on the territory of another country does not carry any legal consequences; therefore, it does not provide the right to own property. But there are international agreements that make it possible to bring what has been started to a successful completion. To do this you will have to:

Get a solution;
Confirm its legality with an apostille, which can be done at the Ministry of Justice;
Translate a legalized document into the official language of another country. What will a sworn translator do?
Arrive in the country where the property is located;
Have the brought deed certified by a foreign notary.

After completing the above points, the decision of our authority can be submitted to the appropriate authority of another jurisdiction to carry out the necessary operation. If you don’t have money for all of the above, then you don’t have to rush. Reason: after the termination of family relations, no one will deprive the former spouse of the right to the existing property. The division of things located on someone else's territory is carried out according to the rule of equality of shares.

Settlement agreement

In such a document, the interests of both parties are taken into account; the spouses themselves agree on what property remains with each of them. The contract can also specify various additional conditions: for example, residence of one of the spouses in an apartment left to the second spouse for a certain period of time, given for the selection of suitable housing;
Unlike court proceedings, a settlement agreement is drawn up very quickly (an experienced lawyer, taking into account the wishes of the spouses, will draw up the text of the agreement in a couple of days). In court, the division process sometimes drags on for many months;
If desired, you can add a clause to the settlement agreement regarding the possible termination of the contract if one or both spouses violate its terms.

Through the court

In property disputes, the court will be guided by the Family Code, which means:

each spouse will receive ½ of the total property;
division can be made not only upon divorce, but also while married;
the court can deviate from the “1/2 share” rule and divide everything between the spouses at its own discretion, which will not always suit both parties.

Methods for dividing foreign property of spouses during divorce

Initially, you should figure out what exactly belongs to the common property of the two spouses.
The Family Code defines it as all property that was acquired by spouses during marriage, and its division upon divorce can be carried out both by mutual agreement and in court if this agreement could not be reached peacefully.

Unfortunately, the Russian court does not have jurisdiction in the area of division of foreign property. Thus, it is possible to get a divorce in a Russian court, but property located outside of Russia will have to be divided in a foreign court.

To save time, you can file both claims, for divorce and for division of joint property, in a foreign court at the same time.

Settlement agreement

In such a document, the interests of both parties are taken into account; the spouses themselves agree on what property remains with each of them. The contract can also specify various additional conditions: for example, residence of one of the spouses in an apartment left to the second spouse for a certain period of time, given for the selection of suitable housing;
Unlike court proceedings, a settlement agreement is drawn up very quickly (an experienced lawyer, taking into account the wishes of the spouses, will draw up the text of the agreement in a couple of days). In court, the division process sometimes drags on for many months;
If desired, you can add a clause to the settlement agreement regarding the possible termination of the contract if one or both spouses violate its terms.

Through the court

In property disputes, the court will be guided by the Family Code, which means:

each spouse will receive ½ of the total property;
division can be made not only upon divorce, but also while married;
the court can deviate from the “1/2 share” rule and divide everything between the spouses at its own discretion, which will not always suit both parties.

How to divide property abroad upon divorce?

Foreign real estate can be divided through a court only in the country where it is located.

That is why, if filing a claim in a foreign court is impossible, it is better to try to resolve the issue peacefully.

In Russia, a marriage contract is not very popular, and even if it is available in court, cases are resolved primarily in accordance with the Family and Civil Codes.

However, if the property is located in a country in which the marriage contract has legal force, it is better to indicate in the document at the time of marriage which of the spouses will receive this or that property.

The best option would be to enter into a settlement agreement, since other options are much more complex and take longer.

How is property divided during a divorce if the husband is a foreigner?

You haven’t fully studied the legislation...

Family Code of the Russian Federation:

Article 160. Divorce

1. Divorce of marriage between citizens of the Russian Federation and foreign citizens or stateless persons, as well as marriage between foreign citizens on the territory of the Russian Federation, is carried out in accordance with the legislation of the Russian Federation.

2. A citizen of the Russian Federation living outside the territory of the Russian Federation has the right to divorce a spouse living outside the territory of the Russian Federation, regardless of his citizenship, in a court of the Russian Federation. If, in accordance with the legislation of the Russian Federation, divorce is allowed in the civil registry office, the marriage can be dissolved in diplomatic missions or consular offices of the Russian Federation.

3. Divorce of marriage between citizens of the Russian Federation or dissolution of marriage between citizens of the Russian Federation and foreign citizens or stateless persons, committed outside the territory of the Russian Federation in compliance with the legislation of the relevant foreign state on the competence of the bodies that made decisions on divorce, and to be applied upon dissolution marriage legislation is recognized as valid in the Russian Federation.

(Clause 3 as amended by Federal Law dated November 15, 1997 N 140-FZ)

(see text in the previous edition)

4. Divorce between foreign citizens, completed outside the territory of the Russian Federation in compliance with the legislation of the relevant foreign state on the competence of the bodies that made decisions on divorce, and the legislation to be applied upon divorce, is recognized as valid in the Russian Federation.

Article 161. Personal non-property and property rights and obligations of spouses

1. Personal non-property and property rights and obligations of spouses are determined by the legislation of the state in whose territory they have a joint place of residence, and in the absence of a joint place of residence by the legislation of the state in whose territory they had their last joint place of residence. Personal non-property and property rights and obligations of spouses who do not have a common place of residence are determined on the territory of the Russian Federation by the legislation of the Russian Federation.

2. When concluding a marriage contract or an agreement on the payment of alimony to each other, spouses who do not have a common citizenship or common place of residence may choose the legislation to be applied to determine their rights and obligations under the marriage contract or under the agreement on the payment of alimony. If the spouses have not chosen the legislation to be applied, the provisions of paragraph 1 of this article shall apply to the marriage contract or to their agreement on the payment of alimony.

And also - Code of Civil Procedure of the Russian Federation: Article 402. Application of the rules of jurisdiction

1. Unless otherwise established by the rules of this chapter, the jurisdiction of courts in the Russian Federation in cases involving foreign persons is determined according to the rules of Chapter 3 of this Code.

2. Courts in the Russian Federation consider cases involving foreign persons if the defendant organization is located on the territory of the Russian Federation or the defendant citizen has a place of residence in the Russian Federation.

.3 Courts in the Russian Federation also have the right to consider cases involving foreign persons if:

1) the management body, branch or representative office of a foreign entity is located on the territory of the Russian Federation;

2) the defendant has property located on the territory of the Russian Federation;

3) in the case of collecting alimony and establishing paternity, the plaintiff has a place of residence in the Russian Federation;

4) in a case of compensation for damage caused by injury, other damage to health or death of the breadwinner, the damage was caused on the territory of the Russian Federation or the plaintiff has a place of residence in the Russian Federation;

5) in a case of compensation for damage caused to property, the action or other circumstance that served as the basis for filing a claim for compensation for damage took place on the territory of the Russian Federation;

6) the claim arises from an agreement under which full or partial performance must take place or took place on the territory of the Russian Federation;

7) the claim arises from unjust enrichment that took place on the territory of the Russian Federation;

in a divorce case, the plaintiff has a place of residence in the Russian Federation or at least one of the spouses is a Russian citizen;

9) in the case of protection of honor, dignity and business reputation, the plaintiff has a place of residence in the Russian Federation;

10) in the case of protecting the rights of the subject of personal data, including compensation for losses and (or) compensation for moral damage, the plaintiff has a place of residence in the Russian Federation.

Division of property located abroad

First of all, it is important to note that the division of property must be carried out in the country where it is located. Thus, if, for example, the object of division is real estate located in Turkey, then a corresponding claim must be filed with the judicial authority of that country.

The legislation of foreign countries differs from Russian, and therefore, if it is necessary to carry out the division of real estate abroad, it is recommended to contact foreign lawyers who thoroughly know the norms of the legislation of their country. It is important to take into account that the process can be quite costly, depending on the country, and therefore it is recommended to clarify this issue in advance.

In considering this issue, it should be noted that if we turn to domestic judicial practice, we can find cases where the Russian judicial authority divided foreign property, but only when the claim also contained claims relating to objects located on the territory of the Russian Federation. However, such situations are rather the exception to the rule and there is a high probability that the plaintiff will face a refusal. If citizens nevertheless decide to appeal to the judicial body of the Russian Federation, then the procedure will be standard - first of all, you need to draw up a claim, which requires the following information:

The name of the judicial authority to which the appeal is made.
Information about the parties – the plaintiff and the defendant (full name, residential addresses, contact phone numbers).
Cost of claim.
Title of the document (“Statement of Claim for Division of Property”).
Data that citizens are (were previously) in a marital union, but have dissolved it.
A list of jointly acquired property with its detailed description.
Request for division of property.
List of attached documentation.
Date of filing the claim and signature.

Download the statement of claim for the division of marital property (sample)

The list of attached documentation includes:

A copy of the plaintiff's passport.
Documents for property subject to division.
Original receipt for payment of state duty.
Certificate of registration/severance of the marital union.

The completed claim must be submitted to the judicial authority, whose employees will consider it in the manner prescribed by law. It is also possible to try to resolve the issue of division of property simultaneously with the divorce - by filing a general claim.

If the above options are not suitable for citizens for one reason or another, you can use alternative methods:

Draw up an agreement on the division of property.
Conclude a marriage contract.

Divorce with a foreigner in court

It is possible to dissolve a marriage with a foreign citizen only in court in the following cases (see Articles 21 - 23 of the RF IC):

if the spouses have a minor child (children);
if the foreigner does not agree to divorce;
if a foreigner evades divorce at the registry office, including refusing to submit an application.

Let us recall that if both spouses have a place of residence in the Russian Federation, then the case of divorce on the basis of clause 3, part 1 of Article 403 of the Code of Civil Procedure of the Russian Federation must be considered by the Russian court, just as in the case of both spouses living outside the Russian Federation, the marriage may be possible be terminated in the same Russian court on the basis of paragraph 2 of Art. 160 RF IC).

State duty to court

On payment of the state duty, depending on the requirements associated with the request for divorce, we recommend the following publications:

State duty for divorce (divorce of spouses);

State duty when filing a claim for alimony;

State duty to court for a claim for division of property of spouses

Statement of claim to the court for divorce from a foreign citizen

The statement of claim is drawn up according to the general rules; there are no exceptions here.

For example, a statement of claim for divorce with attachments is submitted to the magistrate, provided that there is no dispute between the spouses about children, i.e. spouses do not argue about with whom the child will live after the divorce.

If the foreign citizen with whom the marriage is being dissolved lives on the territory of the Russian Federation, then the statement of claim is submitted to the magistrate at the place of residence of the defendant spouse.

If a foreign citizen does not live in Russia, then the statement of claim can be filed with the magistrate at the plaintiff’s place of residence on the basis of Part 4 of Art. 29 of the Code of Civil Procedure of the Russian Federation (remember that the place of residence is determined by the place of registration of the defendant).

Sample statement of claim for divorce from a foreign citizen:

Statement of claim for divorce from a foreign citizen and division of common property of the spouses

Registration of the agreement

The division of property can be carried out by drawing up an appropriate agreement, but only if the parties managed to reach an agreement. The agreement can be drawn up on the territory of the country where the property to be divided is located, or on the territory of the Russian Federation. If citizens are inclined towards the 2nd option, then before drawing up the document it is important to make sure that it will have legal force in the territory of the country where the property is located. At the same time, before executing the agreement, foreign property will not need to be registered in Rosreestr, since only information about objects that are located on the territory of the Russian Federation must be entered.

The agreement should contain information such as:

Data about the parties - spouses (full name, place of residence, passport information).
Marital status of citizens - they are in a marital union or the marriage has been dissolved.
Purpose of the agreement.
List of property that is the subject of the agreement. It is extremely important to describe the objects in detail - for example, if we are talking about an apartment, then its full address, if we are talking about a vehicle, its detailed characteristics, etc.
Information about what property will go to which spouse. It is necessary to take into account that property can be divided into shares or transferred in full to one of the parties.
Date of document execution and place.
The effective date of the agreement (it may differ from the date of execution).
Signatures of the parties.

Download the agreement on the division of jointly acquired property of spouses (sample)

The agreement determines the procedure for dividing property - in this case, the spouses have the right to independently regulate what property, in what volume, and which of them will get it.

The completed agreement must be certified by a notary office - otherwise it will not be valid.

In accordance with Article 30 of the Civil Procedure Code of the Russian Federation, claims for rights to real estate are brought to the court at the location of the property.

The question arises: what should spouses (former spouses) do in this case if their jointly acquired marital property includes a real estate object (objects) located outside the Russian Federation.

According to judicial practice, if the spouses have jointly owned property that is subject to division , located on the territory of the Russian Federation, then the claim can be filed at the location of such property , also including in the claims requirements for the division of real estate located abroad . In this case, it is necessary to present to the court all title documents for real estate, or in accordance with Articles 64, 65 of the Civil Procedure Code of the Russian Federation, ask the court to request evidence by requesting it from those bodies (organizations) of a foreign state that are responsible for registration and accounting of real estate (movable) property .

The situation is more complicated if estate located outside the Russian Federation division in court In such a situation, it is necessary to file a claim in the court of a foreign state on whose territory the disputed acquired property .

In accordance with the norms of international law, the court in this case must apply the law in accordance with international treaties and agreements in force at the time of consideration of the dispute and concluded between the Russian Federation and the state whose court is considering this case.

In accordance with Article 409 of the Civil Procedure Code of the Russian Federation, decisions of foreign courts are recognized and executed in the Russian Federation if this is provided for by an international treaty of the Russian Federation.

A decision of a foreign court can be brought for forced execution within three years from the date the decision of a foreign court enters into legal force (clause 3 of Article 409 of the Civil Procedure Code of the Russian Federation).

Decisions of foreign courts that do not require forced execution are recognized on the territory of the Russian Federation without any further proceedings, unless the interested party raises any objections to this (clause 1 of Article 413 of the Civil Procedure Code of the Russian Federation).

The division of marital abroad is a complex, multi-stage procedure that is best left to a specialist. The lawyers of the Legal Center for Support of Muscovites have significant experience in handling cases regarding the division jointly acquired property ; we will help carry out the division of property , both in court and through the conclusion of an agreement on the division of property or through a series of alternative transactions.

In the process of conducting a case on the division of property abroad, the lawyers of the Legal Center for Support of Muscovites carry out the entire list of actions necessary for the successful completion of the case - they collect the necessary certificates and documents, prepare and submit a statement of claim to the court, participate in all court hearings related to the consideration of the case , if necessary, prepare additional procedural documents: petitions, statements, complaints, if a peaceful resolution of the dispute over the division of property , they will draw up a draft settlement agreement.

How to divide foreign real estate?

In order to divide foreign real estate, you should apply to a court of general jurisdiction (Moscow district court, Moscow region city court, etc.) with a statement of claim for the division of jointly acquired property. If objects located on the territory of the Russian Federation are also subject to division, there should be no difficulties in determining jurisdiction; the statement of claim is filed at the location of one of the real estate objects in Russia.

If all the objects are located on the territory of foreign states, the claim should be filed at the place of residence of the defendant. In this case, you need to be prepared for the fact that difficulties may arise with the acceptance of the claim and it may be necessary, just like E., to assert your rights in higher courts.

A peculiarity of the consideration of such cases is the assessment of the market value of foreign objects. If on the territory of Russia it is not difficult for appraisers to inspect the property with their own eyes, then with foreign apartments, houses and villas it is more difficult. Russian appraisers make a conclusion about the market value based only on the official characteristics of the object. And if what is indicated on paper does not coincide with reality, it will be more difficult and expensive to prove it.

It is also worth considering that foreign title documents for real estate must be properly executed, depending on the state where they were issued. A notarized translation of the document, all its stamps and seals into Russian must be prepared.

The second way to divide jointly acquired property is to reach an agreement with your spouse without going to court. If the marriage has not yet been dissolved, you can enter into a prenuptial agreement or an agreement on the division of property. Please note that after a divorce, only an agreement can be concluded. All documents are subject to mandatory notarization.

If an agreement or contract is concluded on the territory of Russia, in order to give the document legal force on the territory of another country, you need to find out whether it is a party to the 1961 Hague Convention Abolishing the Requirement for Legalization of Foreign Official Documents. For participating countries, it will be enough to put an apostille on the document.

An apostille is a stamp confirming the legality of a document issued in the territory of one country in the territory of all countries that have joined the Hague Convention.

A state may not be a party to the Hague Convention, but have an international treaty with Russia, such as China. In this case, you should be guided by its norms.

In all other cases, consular legalization will be required.

Depending on the country where the foreign real estate is located, it may be less expensive to enter into such an agreement directly there, at the location of the property. Then there will be no need to further deal with the recognition of Russian treaties and agreements.

Read about all the nuances of out-of-court settlement of property relations between spouses in our articles:
Prenuptial agreement or property division agreement?
What does a property division agreement provide and how to formalize it?

Where will foreign property be divided?

The issue was highly controversial in the past, but now, thanks to the persistence of the plaintiff’s representatives, the Supreme Court has clearly determined that foreign real estate of Russian citizens can be divided in Russian courts. The case of spouses E. and V. became a precedent.

In the interests of E., a lawsuit was filed against her ex-husband for the division of jointly acquired property located both in Russia, Singapore, and France.

The composition of the disputed property of the spouses declared for division is diverse and unusual for Russia: two apartments and a parking space in Moscow, an apartment in Moscow City, a land plot with a residential building in the Odintsovo district of the Moscow region, an apartment and a villa in France, an Azimut Yachts yacht and Bentley car located and registered in Singapore.

The Odintsovo City Court of the Moscow Region returned the statement of claim to the plaintiff regarding the division of foreign real estate due to the lack of jurisdiction of such claims by the Russian court. The appellate instance (Moscow Regional Court) took the same position. And if the plaintiff had not allowed her to file a cassation appeal, she would have had to sue in Singapore and France (and this is a completely different story, both legally and financially) or look for ways to somehow come to an agreement with her ex-husband.

The case was successfully considered by the Supreme Court of the Russian Federation, which indicated that the return of the statement of claim by the Odintsovo City Court regarding the division of foreign property, due to lack of jurisdiction, was unlawful, and determined to send the case again to the Odintsovo Court of the Moscow Region for acceptance of the claim for proceedings.

Determination of the Supreme Court of the Russian Federation

In accordance with Article 47 of the Constitution of the Russian Federation, no one can be deprived of the right to have his case considered in the court and by the judge whose jurisdiction it is assigned by law.

Article 2 of the Family Code of the Russian Federation directly states that family law regulates personal non-property and property relations between spouses. Further, Article 34 of the RF IC specifies that property acquired by spouses during marriage is their joint property. The common property of the spouses includes the income of each from labor activity, entrepreneurial activity and the results of intellectual activity, pensions received by them, benefits, as well as other monetary payments that do not have a special purpose. The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds.

Article 161 of the Family Code of the Russian Federation establishes that the personal non-property and property rights and obligations of spouses are determined by the legislation of the state in whose territory they have a joint place of residence, and in the absence of a joint place of residence, by the legislation of the state in whose territory they had their last joint place of residence. Personal non-property and property rights and obligations of spouses who do not have a common place of residence are determined on the territory of the Russian Federation by the legislation of the Russian Federation.

Thus, the lower courts did not take into account the fact that E.’s demands are not a claim for rights to real estate, but are aimed at changing the regime of joint property of the spouses. The conclusion that the division of foreign property of spouses is solely within the competence of the judicial authorities of foreign states is erroneous.

Russian procedural legislation does not place claims for the division of jointly acquired property of spouses (who are Russian citizens) located on the territory of other countries within the exclusive competence of their judicial authorities.

Requests for the division of jointly acquired foreign property by Russian citizens are subject to consideration by courts of general jurisdiction of the Russian Federation, in accordance with the general rules of jurisdiction, unless otherwise provided by international treaties.

This case was even included in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 3 dated November 28, 2021.

Grounds and procedure for dividing property located abroad in a Russian court

As already mentioned, the court of the Russian Federation cannot divide foreign real estate between spouses who decide to divorce.
You can use a little trick, but for this you need at least one small object of divisible real estate to be located on the territory of the Russian Federation. In this case, the claim for division is filed in the local court, and among the property, along with that located in Russia, foreign property is also included.

However, in this case, the court may refuse to consider the claim or divide only what is located in Russia. In any case, court decisions are subject to appeal.

If the property was gifted to one of the spouses (a deed of gift was concluded and registered), it cannot be divided during a divorce.

Requirements for a claim

When drawing up an application, you will need to indicate at the top right of the sheet the name of the court to which the claim will be sent, the name of the judge (if known), below - the name of the spouses (plaintiff and defendant).

The application will need to list absolutely all property to be divided. You need to approach this matter very carefully so that you don’t forget anything and so that in the future you don’t need to file a new claim, which will have to include a “forgotten” car or dacha.

Each object must be given a brief description and cost. After the complete list of divisible property, a date and a signature with a transcript are placed.

Required documents

The list of documents that the court will ask from divorcing spouses is not very long:

passports;
marriage contract (if available);
marriage certificate and divorce certificate;
a receipt that can confirm payment of the state duty;
original and copies of the certificate of ownership;
if shares in the home are allocated for each of the spouses or for children, then an agreement on the allocation of these shares will be required.

Each case is considered individually, and the court may require other documents not included in this list. All copies must be three in number - for each side.

Divorce in Russia from a foreigner living abroad

Article on the topic: Divorce

If divorce proceedings are planned with a foreign spouse, but he himself is abroad and does not intend to come to Russia, it is not necessary to immediately rush to look for him or start studying foreign legislation.
In many cases, such a marriage can be dissolved on the territory and according to the law of the Russian Federation. Next, let's look at the details, but for now let's note the main idea: this will only be impossible to do in cases directly provided for by law (for example, if jurisdiction is determined by the location of the foreign spouse). The family legislation of the Russian Federation provides for two methods of divorce: in the civil registry office (ZAGS) and in court. The first method is both faster and more economical, which means that if possible you should resort to it. It is allowed only with the mutual consent of the spouses and in the absence of joint minor children. If both conditions are met, you must receive a notarized statement from the foreign spouse outlining your will. Next is the usual divorce procedure without any “foreign” features.

The real difficulties begin when it is impossible to get a divorce at the registry office. To file a claim in a Russian court there must be grounds, cleverly called the determination of jurisdiction at the choice of the plaintiff. A claim for divorce can be filed at the place of residence of the plaintiff spouse if he has minor children (whether common or his own), or it is difficult to travel to the defendant’s place of residence due to health conditions. And if the defendant’s place of residence is unknown or there is simply no such place in Russia, the claim can be filed at his last known place of residence in the Russian Federation or at the location of the property here. In other cases, the case will not be accepted for proceedings, because jurisdiction by default is determined by the place of residence of the defendant.

When starting divorce proceedings involving a foreigner living abroad, you need to be patient: the trial will not be quick. Consideration of a case in the absence of one party delays the proceedings with domestic participants, and even more so with foreign ones. A lot of time will be spent on translations, affixing an apostille, certifying documents, sending and receiving correspondence. An experienced family law attorney knows how to save time, so it is better to seek his help. The long wait usually makes it easier to know that divorce proceedings once started do not end in divorce in very rare cases.

After the divorce, you need to think about legalizing this fact. The decision of the Russian competent authority (registry office or court) is not always recognized as having legal force in other states. Unfortunately, it is impossible to give universal advice on exactly how to do this; everything depends on the internal legislation of such a state, its participation in international agreements, and its relationship with Russia.

And one more important point. When contemplating a divorce from a foreigner, sometimes it is better to spend extra time and money on trips to a foreign court. This can provide significant advantages when dividing property, resolving alimony issues, and determining the place of residence of children, who in international marriages often do not have Russian citizenship. The legislation of some countries guarantees serious social assistance to divorced women, and if the spouse is at fault for the divorce, they may oblige him to pay significant compensation for moral damage. On the other hand, the absence of the need to prove anything to justify the need for divorce is a rare advantage of domestic family law. So, there is no need to rush, you need to weigh all the pros and cons in advance. True, here you may need advice not only from a Russian family dispute lawyer, but also from a foreign specialist.