Objection to claims for division of jointly acquired property

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During a divorce, spouses often cannot come to an agreement regarding the division of their property. In such a situation, the only way out may be legal proceedings. However, a lawsuit is filed in court by only one party and the second spouse may not agree with what is written in the application. In this case, he can write an objection to the claim, which will also be considered at the court hearing and can radically change the final decision.

When to file an objection to a claim

According to Article 147 of the Code of Civil Procedure of the Russian Federation, after filing a statement of claim, the court is obliged to begin preparing for the consideration of the case. Within its framework, both parties are notified of the actions that they have the right to perform at this stage. One of these is filing an objection to the claim (Article 148 of the Code of Civil Procedure of the Russian Federation). It should be borne in mind that the case will still be considered, but now the court will take into account the position of both parties.

In most cases, 2-3 months pass from the moment the claim is filed until the start of the court hearing. It is within this period that the specified objection must be filed. However, even if this is not done, you can still prove and argue your position in court, based on the evidence presented.

What is an objection?

The objection we are considering to the claim for the division of jointly acquired property represents a certain position of the defendant, formulated and presented in documentary form. Such a right is explained in the relevant section of the Code of Civil Procedure of the Russian Federation, which discloses information about permissible actions of interested parties during the period of collecting evidence for trial regarding the division of property acquired during marriage.

It is important to take into account that objection and review are completely different documentary forms. When studying divorce cases, they can only be applied if there is no disagreement or conflict between the parties. As for the objection, this is an extensive list of reasons and arguments according to which a claim for the division of a particular property may be considered unfounded. Upon successful presentation and defense of one's own legal rights and interests, the judge may refuse to accept the claim for further proceedings.

How to correctly fill out a response to a statement of claim for the division of jointly acquired property

Before you start filling out a response to the statement of claim, you need to prepare documents. Even if the defendant is confident that he is right, he will not be able to prove anything to anyone and achieve a decision that suits him in court if he does not have any evidence.

Preparation

This is the first and most basic stage. It involves collecting evidence, interviewing neighbors, witnesses, preparing video and photographic materials, recording conversations, searching for documents and any other ways to prove your case. Without all of the above, the court will not be able to fully assess the degree of reliability of the data provided by one party or another and therefore the decision may not suit the defendant (and in some cases, the plaintiff). Only after this an objection is drawn up and filed with the court.

If the defendant knows that the plaintiff has evidence of his case, he can indicate this point in his statement. In this situation, the court will require the plaintiff to provide the specified documents.

Compilation

When drawing up an objection, special attention should be paid directly to the essence of the objection, evidence and circumstances of the case under consideration. But you should not neglect the basic rules for preparing such documents. In particular, the objection must contain:

Name of the court where the document is filed.
Number of the case under consideration.
Details of the defendant and plaintiff.
Name of the objection.
Information about the date of marriage and its dissolution.
List of disputed property.
Indication of legal norms.
Requirements for the court.
Applications.
Signature and date.

Legal advice

Legislation regularly undergoes changes, so without sufficient knowledge and practical skills in resolving such issues, it is difficult to achieve success. Qualified legal support will help you not only understand the situation, but also competently approach the conflict that has arisen. A lawyer practicing in the field of family law will advise on issues of division of property, collection of funds from the defendant, recognition of paternity, etc.

On our portal you can also find answers to the most common questions:

how to divide property (apartment, car and other expensive property) purchased with funds accumulated by you over the years of marriage, before marriage, etc.;
how to defend your own point of view in court and achieve the desired result,
what is the form for responding to a statement of claim;
Is it possible to file an objection after a court decision, etc.

The help of a lawyer is necessary in any situation. You can receive informative support on our portal at a time convenient for you.

Statement of claim for division of marital property

Arbitrage practice

Example No. 1 : Ex-wife, Vasilyeva V.M. files a claim for division of property after a divorce in court. It includes such objects as an apartment, equipment, furniture and a vehicle. She argues that all this property was acquired during marriage and therefore is subject to division on a general basis as joint property. According to Vasilyeva, between her and her ex-husband Vasiliev K.G. there was no prenuptial agreement or property division agreement. When the defendant received a copy of the claim, he drew up a counter-objection, in which he generally accepted the claims of the ex-wife, but refused to share the car, since it was purchased shortly before the marriage and during the marriage the family did not bear any significant costs for its maintenance. As evidence, Vasiliev provides a vehicle purchase agreement. The court took into account the objection and excluded the car from the list of property subject to division.

Example No. 2 : The plaintiff, G.V. Konstantinova, filed a lawsuit demanding the division of jointly acquired property, which includes an apartment with all the furniture and appliances in it, as well as a summer house with a plot of land. A copy of the application was sent to the defendant. After studying this document, he submitted an objection to the court. It states that the ex-wife moved into his own apartment, purchased before marriage, which at that time already had all the furniture and appliances specified in the statement of claim. Moreover, the dacha with a plot of land also belongs to the defendant and is personal property, since it was received as an inheritance after the death of the mother. No global improvements to the property were made during the marriage, and no prenuptial agreement or separation agreement was concluded. As evidence, certificates of ownership of real estate, the mother's will and wedding photographs are provided, in which one can notice the presence of all the same equipment that is present in the plaintiff's list at the moment. Contemporary photographs are also attached, from which it is clear that no major improvements have been made to the apartment. The court, having considered the applications, rejected the claim of G.V. Konstantinova.

Example No. 3 : Plaintiff, Sorukhanov N.P. filed a statement of claim in court, within the framework of which he demands the division of a “shop” type business, which was created by the spouses after marriage at the expense of the family budget. All documents on registration of the company, acquisition of premises, goods and equipment are attached as evidence. In response to this, Soruhanova V.S. filed a counter-objection demanding that the plaintiff provide a marriage contract (the defendant could not find her copy). The court examined the marriage contract, which states that all property acquired during the marriage goes to the defendant. The claim was rejected.

It makes sense to file an objection to a statement of claim only if the defendant is not only confident that he is right, but has the opportunity to prove it with documents. Otherwise, the court will most likely not take into account everything the defendant says. We recommend that you first discuss the problem at our free consultation with a list of evidence. Experienced lawyers will be able to achieve the maximum possible based on the available documents and will represent your interests in court.

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Filing an objection

An objection to a claim for division of property is filed at the stage of preparing the case, as follows from Art. 149-150 Code of Civil Procedure of the Russian Federation.

However, no one and nothing prohibits the defendant from submitting a statement directly to the court hearing by filing a motion to add an objection to the case at the very beginning of the trial.

Content

The law does not impose any strict or even exemplary requirements for an objection to a claim. The document is drawn up by analogy with a statement of claim, but taking into account the specifics of the situation and legal status of the defendant in the case.

The objection must indicate:

The name of the court and its address where the case is heard;
Full name of the plaintiff and defendant (you can indicate either in the same order as in the claim, or start with the defendant), their place of registration and actual location;
Case number (will simplify case identification by the office);
The circumstances of the case - when the claim was filed, about what, by whom, what are the requirements;
Justification of your position, what the objection is;
Evidence that supports what has been said;
The request to the court is to refuse partially or completely.
Signature, date.

Important! The objection cannot contain any other demands other than a refusal or partial refusal of the claim. It is impossible, for example, to demand the division of a car if only the division of an apartment is requested. In this case, you need to file a counterclaim for division of property.

The objection is not subject to state duty.

Typical formulations of reasons for disagreement with a claim

Most often, the defendant’s disagreement with the claim for division of marital property may be due to one of the following arguments.

Disagreement with the assessment of divisible property . The defendant must justify why he believes the price of the property is too high or low.
Disagreement with the recognition of property as jointly acquired. If for any reason the property should not be divided in whole or in part, this must be indicated in the objection, citing evidence and attaching relevant documents. Typical situations:
was inherited;
purchased before marriage or with personal funds.
Disagreement with the exclusion of property from divisibility. If the plaintiff asks to recognize his ownership of property, which, in his opinion, cannot be subject to division, then the defendant may object to this fact.

Sample objection to a claim for division of marital property

Below you can familiarize yourself with a standard sample of an objection to a claim for the division of jointly acquired property of spouses.

Unlike statements of claim, it is almost impossible to prepare a universal sample of an objection - each case is individual, therefore, when drawing up a response or objection, it is better to consult with an experienced family law lawyer. Our website specialists are ready to advise you immediately!

When and how to file objections

Objections are filed during the court hearing on the case. But in some cases, it is appropriate to provide such a document during pre-trial preparation of the case. For example, if the defense to the claim is based on the expiration of the statute of limitations, it can be considered in preparation for the case and, by applying the statute of limitations, the court immediately decides to dismiss the claim.

Submission of the document to the court is accompanied by a request to include them in the case materials. The judge, in response to the petition, issues a ruling on whether to join the case or to refuse it if there are legal obstacles.

It is allowed to submit the document by mail or ship expedition.

Before submitting a document, you have the right to announce it - in full or in abstract, depending on how the process is progressing. Before the process ends, you can come back and reiterate the points you made earlier.

Is it mandatory to file an objection?

Articles on the topic (click to view)

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Social cash payment to large families instead of land
Division of inherited property
Division of property in the presence of minor children
Living wage for a large family in 2021
Refusal of jointly acquired property

It is not at all necessary to draw up and submit to the court an objection to a statement of claim for the division of jointly acquired property. This is an exclusively voluntary expression of the will of the defendant. In his absence, the case will be studied on the basis of the documentation presented to the court, which is explained to the defendant in the ruling issued by the court.

If you have any objections to the demands put forward by the plaintiff for the division of real estate, vehicles or finances in the account, then it is recommended to draw up a document and attach relevant evidence to it. This will help the judge to understand the situation in more detail, since not everyone can competently defend their position, especially in the absence of sufficient knowledge or practical skills in this case.

The document will be included without fail. In addition, the official minutes of the last meeting often present distorted information adopted during the hearing. In such a situation, you will be able to provide a link to the information presented in the objection and defend your point of view.