Agreement on the Division of Property of Spouses Sample 2021 After Divorce

How to draw up an apartment division agreement correctly

During a divorce, spouses are obliged to divide jointly acquired property in one way or another. In theory, this can be done by simple agreement, without formalization, however, this approach opens up the possibility of later demanding more from the former other half through the court, which not everyone is ready to do. At the same time, if the relationship, even during the divorce, remains smooth enough to be able to negotiate, the best option would be to draw up an agreement. It should be taken into account that this concerns the division of property worth more than 10 thousand rubles, which is not relevant in our situation, since the apartment will obviously cost more.

The agreement, according to clause 2 of Article 38 of the RF IC, must be notarized. Otherwise, it has no force and can easily be challenged. This document must be provided to the notary in three copies, one for each member of the former family (husband and wife) and one more to the notary.

Many notaries refuse to accept pre-written agreements and provide their own forms to fill out.

In any case, the very first stage will not be drawing up, but negotiations with the ex-spouse regarding the division of the apartment and other property. It is recommended to discuss all possible nuances in advance and only when neither party has any questions left to begin drawing up the document.

When concluding an agreement on the division of an apartment, in order not to contact the notary twice, you can include in the same document information about other objects that will be subject to division.

How to conclude an apartment rental agreement

Agreement for the purchase and sale of an apartment in the joint ownership of spouses sample Last update: The term “acquired” is interpreted as purchased, earned, acquired with the joint funds of both spouses. That is, if the apartment was purchased during marriage, then it is in common ownership of the spouses, regardless of to whom the property is registered or to whom the Title Certificate of Ownership was issued. And property received free of charge by one of the spouses, gift, inheritance, privatization is not considered “acquired”, and therefore does NOT belong to the common property of the spouses.

Conclusion What is an agreement on the division of property According to Art.

Instructions for filling

Now let’s take a closer look at how exactly this document needs to be filled out, what needs to be indicated and in what form.

A cap

It is also the preamble. Located at the top of the agreement. It indicates the date and place of drawing up the document, as well as the data of the spouses drawing up this document.

Example : Voronezh, 01/31/2018 Petrov Petr Petrovich, born November 11, 1991, passport, series 2021 No. 8888889, issued by the Petrovsky Ministry of Internal Affairs of the Petrovsky district of Voronezh on November 11, 2017, registered at the address: Voronezh, Petrovskaya St., 11, apt. 11, hereinafter referred to as “Spouse 1” and Petrova Natalya Petrovna, born December 22, 1992, passport, series 2021 No. 9999998, issued by the Petrovsky Ministry of Internal Affairs of the Petrovsky district of Voronezh on December 22, 2017, registered at the address: Voronezh, st. .Petrovskaya, 11, apt. 11, hereinafter referred to as “Spouse 2”, and collectively referred to as the “Spouses”, have entered into this Agreement as follows:

Subject of the agreement

The further text of the document should contain information about the current status of the spouses (married or divorced, as well as information about the property that is planned to be divided. In this case, the apartment should be described.

Example : On December 21, 2016, a marriage was concluded between the Spouses, about which entry No. 564231 was made in the Petrovsky Civil Registry Office No. 789987. As of the date of conclusion of this Agreement, the marriage between the Spouses has not been dissolved. During the marriage, the Spouses acquired an apartment, which is their common property. The owner is Petrov P.A. based on the certificate of ownership No. 654321 dated December 10, 2017.

Principles and procedure for dividing apartments and other property

It is being clarified exactly how the division of the apartment will be carried out. Spouses have the right to independently choose the option that suits them, the main thing is that both parties agree with it.

Example : The parties, using this agreement, divide the apartment as follows: Each of the Spouses receives 50% of the apartment.

Conditions for transferring an apartment

This is an optional item that can be omitted. In any case, it should indicate the order in which the property is divided between the spouses.

Example : In order to fulfill the terms of the Agreement, Spouse 1 is obliged to transfer to Spouse 2 his/her allotted share in the apartment within three days from the date of conclusion of the Agreement. To do this, Spouse 1 must, within the specified period, appear at the structural unit of Rosreestr with title documents and take steps to transfer ownership of 50% of the apartment in favor of Spouse 2.

Definition of Personal Property

This indicates what property is considered personal by both spouses and is not subject to division. In the case of an apartment, this is not very relevant, but if you plan to share the equipment installed in the home along the way, then you can immediately determine who gets, for example, a TV and who gets a laptop.

Example : Spouses have determined that this property is personal to each of them and is not subject to division: Spouse 1 retains ownership of... Spouse 2 retains ownership of...

Under what conditions does the document come into force?

Another optional clause that allows you to set certain conditions under which the document becomes valid. For example, you can indicate that the agreement comes into force only after the divorce (if the document is drawn up before the divorce).

Conclusion

It indicates how many copies of the document have been drawn up, how possible disputes will be resolved and under what conditions changes are made. At the very end, you need to put the signatures of the spouses.

Division of a privatized apartment in the event of a divorce between spouses

Instruction 1 Like any agreement, a lease agreement begins with its name. In the preamble, if none of the parties is a legal entity or entrepreneur, it is sufficient to indicate only their surnames, first names and, if there is a patronymic, the lessor can, after the words “acting on the basis”, indicate the imprint name, date and issuing authority of the document of ownership of the rental housing or other. The rental price is also specified in the contract. If the final lease period is known, it must be written down immediately. Otherwise, see the relevant section for the procedure for automatic renewal of the contract. Typically, the contract specifies all family members who will live in the rented apartment. Some include in the contract a list of furniture and household appliances in the apartment. Since the owner must pay tax on this income, the TIN of both must also be indicated. The lease agreement does not require notarization; the signatures of the parties are sufficient.

Required documents

The notary will only need the agreement itself (provided that the spouses will not fill it out directly at the notary's office) and the passports of the ex-husband and wife. If there are none, any similar document that allows personal identification will do. In addition, you need a receipt for payment of the state fee.

Example : If the marriage is with a foreign citizen, he can provide his foreign passport with a notarized translation attached.

Notary fees

A notary will require about 3-4 thousand rubles for his services. The price may vary depending on the chosen office and region of residence. In this case, it does not matter whether the agreement is concluded by the spouses on the spot or independently (in the first case, the fee is charged for the form, sample and control of completion, in the second - for verification).

In addition, you will have to pay an additional state fee in the amount of 0.5% of the cost of the shared apartment (Article 333.24 of the Tax Code of the Russian Federation). The payment amount cannot be less than 300 rubles and cannot exceed 20,000.00 rubles.

Registration procedure

Where to contact

In December 2015, an important change was made to the Family Code. It established the rule that an agreement on the division of joint property must be notarized. Thus, at present it makes no sense to think about whether agreements on the division of marital property need to be certified by a notary or not.

The decision to notarize this document was caused by the following reasons:

• Spouses often did not adhere to the terms of the agreement.
• The documents that the spouses compiled in simple written form were replete with legal errors and inconsistencies with legislative acts.

As a result, the courts were overloaded with lawsuits challenging agreements filed by former spouses.

The introduction of a norm on notarization of an agreement into family law pursues the following goals:

• The notary becomes the guarantor of the legality of the agreement and its compliance with Russian legislative acts.
• Litigation, during which the plaintiff tries to challenge a notarized document, takes place within the framework of special proceedings, and not a lawsuit. This significantly saves the time of the judiciary and reduces the burden on them.

What documents are needed

Before visiting a notary office, you must prepare the following documents:

• 
  Passports of both participants in the marital relationship.

• A certificate confirming the existence of a registered marriage, or a certificate of termination of the marriage.
• If the agreement was drawn up by the spouses themselves, then you need to prepare 3 copies of this document.
• Documents establishing the fact of acquisition of an item during marriage. These include purchase and sale agreements, a gift agreement in the name of both spouses, an agreement for opening a bank deposit, constituent documents of legal entities, and an agreement for the purchase of securities.
• Legal documents confirming the fact of registration of a tangible asset with government agencies. This could be, for example, a certificate of ownership of real estate, a certificate of registration of a car with the traffic police.
• A photo of particularly valuable property, for example, antiques, accompanied by an appraiser’s report on the value of the item.
• Conclusion on the assessment of the market price of the joint assets of a married couple.

Property division agreement: sample and templates to fill out

Russian legislation does not establish a mandatory form for this document, so it can be drawn up in any form.

An example of a blank agreement form for you to write yourself can be downloaded here.

You can see what a completed sample document should look like by following this link.

If you need a settlement agreement on the division of jointly acquired property, a sample of which you are going to remake for submission to the court, you can download it from here.

Submission order

The agreement is given legal force in the following order of actions:

• Spouses come to the notary with the papers indicated in the chapter “What documents are needed” and the text of the agreement or without it. Keep in mind that the law requires a personal visit to the notary. The presence of other persons in place of the spouses, even those who have a power of attorney from them, is not allowed.
• The notary finds out the purpose of the spouses’ visit and makes sure that they are legally capable and have no disagreements regarding the division of material assets. Then he checks the documents for authenticity, compares the dates indicated in them with the date of production of the certificate certifying the existence of an official marriage relationship. This is done to ensure that the property was acquired during the marital relationship.

• 
  The notary checks the text of the agreement written by the spouses for compliance with Russian legislative acts and corrects it if necessary. If the participants in the marriage relationship have not previously prepared an agreement, then the notary sets a date before which he will prepare the document in accordance with the wishes of the wife and husband.

• The notary reads the text written in the agreement out loud. He then asks questions to the spouses to ensure that they correctly understand the terms of the contract and answers the couple's questions.
• The notary collects money from the participants of the marriage union for services at the rate specified in the Tax Code of Russia. The notary fee for certifying the agreement is 1/2 percent of the price indicated in the document. The minimum tariff is 300 rubles, and the maximum fee for legal services of a notary is 20,000 rubles.
• The agreement is certified by a notary.

What to do after registration

Depending on the method by which the spouses dissolve the marriage relationship, the following options are possible, described in the table.

If during the divorce process the married couple did not deal with the division of joint material assets, then they can draw up an agreement after the divorce. It begins to take effect immediately after certification by a notary.

The agreement is a document upon presentation of which registration authorities, for example, Rosreestr, are obliged to re-register property in accordance with the terms of the transaction between the wife and husband.

When to enter into an agreement

The agreement can be entered into during marriage, during a divorce, or even after it. Each option has its own characteristics:

• If you are married, you will have to regularly update the document (and pay for notary services) when purchasing new property or increasing the cost of the apartment. Otherwise, in case of divorce, the division will be made according to the already existing agreement. On the other hand, preparing everything in advance is not a bad idea if the spouses can still reach an agreement with each other and are planning to divorce in the near future.
• In case of divorce: a common option and in many cases convenient. The spouses will no longer acquire new joint property and can immediately take all necessary steps to divide the property.
• After divorce: a current option for those situations where verbal agreements have been reached that you want to legitimize. Among the disadvantages, it is worth noting the fact that one of the parties may refuse to enter into such an agreement, being content with the property/share in the apartment already received.

When drawing up an agreement after a divorce, you need to take into account the three-year statute of limitations. If more than three years have passed since the divorce, the document will not be valid.

Agreement in court

Sometimes, during the trial of a case in court, the plaintiff and defendant manage to reach an agreement with each other. In this case, it is possible, without waiting for the final decision, to conclude a settlement agreement in case of divorce and division of joint property (clause 3 of Article 173 of the Civil Procedure Code of the Russian Federation).

Contents and compilation

The plaintiff and defendant must independently, or with the help of their representatives, draw up a document that details all the issues considered by the court. The settlement agreement must resolve each point of the claim.

It is possible to include conditions that were not considered by the court, but are relevant to the division of property. For example, the transfer as compensation of any sole property of the husband or wife.

The settlement agreement represents mutual concessions between the parties, so its content may differ from what the plaintiff or defendant requested during the consideration of the case. This document must comply with the law and not violate anyone's rights. For example, it is not allowed to include property belonging to a child in the division.

The spouses must decide by a settlement agreement how legal expenses will be distributed between them - state fees, examination fees, legal services for representatives. If this issue is not spelled out, the costs incurred by each party remain with it and are not subject to reimbursement.

There is no need to pay any additional state fee for approval of this document by the court.

Form

The settlement agreement is drawn up in printed form in three copies. The document is signed by the plaintiff and defendant or their representatives by proxy.

The agreement is submitted with a request to approve it. The court checks the document for its compliance with the law and the completeness of the resolved issues. If anything stated in the claim is not reflected in the text, the parties will be asked to supplement the document.

After approval of the settlement agreement, it acquires the force of a court decision.

Change and termination

Amendment or termination is not provided for by law, therefore, when signing, the parties must carefully study all the terms of the document and make sure that they are satisfied with it.

It is possible to appeal the court ruling approving the settlement agreement within 15 days. However, its cancellation or modification is permissible only in case of significant violations on the part of the court. Only arguments that the terms of the division no longer suit the plaintiff or defendant will lead to nothing.

Consequences of non-compliance

Subsequently, one of the former spouses who entered into a settlement agreement may refuse to fulfill it. Then the bona fide party has the right to receive a writ of execution. After this, you need to fill out a petition to initiate proceedings and send these documents to the bailiffs. The settlement agreement will be enforced.

Possible errors when drawing up an agreement

An apartment division agreement may be invalidated if the following errors are made:

• The document is not registered in the register.
• There are no pages.
• When drafting, unclear wording was used that made it impossible to understand who, what and in what volume was being transferred.
• Under the terms of the agreement, one spouse receives significantly more than the other.
• The agreement was made by an incapacitated person (including limited legal capacity).
• The document was drawn up under pressure (threats, violence or blackmail).

An apartment division agreement is the simplest option for dividing real estate during a divorce. But in order to exclude possible problems, reservations or other elements due to which the document may be declared invalid, it is recommended to first consult with our lawyers (this is free). We also offer our services both in terms of filling out a document and in terms of working with a notary or representing the client’s interests in court, if it comes to that.

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Division through court

If the issue of property division cannot be resolved voluntarily, each spouse has the right to go to court. When considering cases of division of property, the court will be guided by the following principles:

• Spouses are given equal rights to the possession of all property assets acquired during the marriage.
• If during the court hearing the parasitism of one of the spouses is proven, the court may decide on an unequal division in favor of the working party.
• If, to acquire any item of movable or immovable property, one of the parties used their own funds received by inheritance, being a win or a gift, or pre-marital accumulation, priority is also given to this spouse. An apartment, for example, in this case will be divided into unequal parts.
• If there are children in the family, during the division the court may take into account their interests, making an unequal division in favor of the party with whom the child lives.

During the division, two main mechanisms are used - the transfer of items of equal value to the spouses or monetary compensation, which is due to the one who received a lesser amount of property during the division.

If the spouses do not divide the property after the divorce, it is still considered community property. This means that both spouses own and can use everything that was acquired during family life. This mechanism is often chosen by couples who were able to maintain good relationships and trust in each other after a divorce. At the same time, the procedure for dividing property can begin at any time. However, experts recommend not to put this matter off for a long time, since compensation for items is calculated in the market value of the assets today. Most items of movable and immovable property lose a certain percentage of their value every year.

Speaking about deadlines, it is important to understand that when dividing property, it is always beneficial for one of the spouses to delay the process, since a statute of limitations will apply to part of the property. Usually the entire sectioning procedure lasts only a few months, but sometimes this process can be extended.

This happens especially often if spouses have joint commercial property. You can speed up and simplify the process of dividing property by engaging an experienced lawyer.