Section of jointly acquired property of spouses: sample of statement of claim. A lawsuit on the sharing of jointly acquired property. Agreement on the sharing of jointly acquired property

The division of jointly acquired property brings many problems to the former spouses. Issues related to this topic are often resolved only in the courts. And not always divorced citizens are satisfied with the result. What should be known about the division of property acquired during the marriage? How can you divide all that is available between a former husband and wife in a judicial order? Is it possible to somehow secure yourself in advance of disputes?

Miscellaneous property

The first step is to understand which property is subject to division. Not all things and objects acquired in marriage are subject to the procedure being studied. It all depends on the type of property.

There is a so-called personal property. It includes objects of personal use, as well as everything that belonged to a person before marriage, or transferred as gifts or inheritance.

But the common property is everything that was acquired during the marriage. Plus jewels. They, even given to a specific person, are still considered common. An exception is a gift transfer. It does not matter who the objects are designed for. The main thing is that they are acquired during the period of officially registered relations.

In Russia, only a section of jointly acquired property is envisaged. In the marriage of this process, few people think. But in the period of the dissolution of relations this issue is very acute. How can it be solved?

In advance

You can offer to worry about property disputes in advance. Now in Russia there is such a thing as a marriage contract. This is a document that allows you to determine who and what, and in what quantities will be laid out of the common property. Many consider this step to be a mistrust. After all, initially they want to make a marriage once and for life.

In fact, the marriage contract is just a guarantee of a quick divorce, if the relationship has not developed. After all, in this case the division of jointly acquired property of the spouses will not bring any trouble. Everyone will receive as much as is stipulated in the terms of the agreement.

The main advantage of such a document is that the contract can be concluded at any time of marriage. And its action is able to spread both on existing things, and on all forthcoming purchases.

Tips for drafting a marriage contract

There are several tips that will help to simplify the process of sharing the common property of husband and wife. In order not to file an application with the relevant authorities on the division of jointly acquired property, it is recommended that a marriage contract be drawn up immediately. It prescribe all the principles of dividing property in divorce.

What is the best way to draw up a contract? Much depends on the level of trust in the family, but most often the conclusion is based on the following principles:

1. All that is formalized for a particular spouse is considered his personal property, regardless of whose money the purchase was made. A good reception, but then still in the marriage are not excluded disputes when registering property for a particular member of the family.
2. All jointly acquired things are divided strictly 50/50.
3. The division into shares, depending on the contribution of each of the spouses to a particular property.

The most favorable option is the second alignment. Although sometimes this method leads to a disorder in the family. Therefore, many try to limit themselves to the first scenario.

Documents for the conclusion of the marriage contract

In order not to think about sharing a common property, as already mentioned, it is possible to discuss in advance the conditions for the division, and then conclude a marriage contract. He signs in the presence of a notary. And in order to arrange it, you need to bring the following list of documents with you:

• A contract specifying all the features that govern property disputes;
• Passports of husband and wife;
• Marriage certificate;
• Documents that confirm the fact of payment for notary services.

Then the spouses must pay a visit to the notary office. There, the notary checks the contract for compliance with the laws established in Russia, then the spouses sign the agreement, and the relevant employee puts his assurance on the document. This concludes the process. And when a divorce is enough to present a marriage contract in court. No problem!

Settlement agreement

The next variant of the development of events is the signing of the "world". Such an agreement on the sharing of jointly acquired property is significantly different from the marriage contract. It is compiled either in court, or shortly before the divorce.

In the settlement agreement, the spouses usually simply register what property and who gets it. You can call it an analogue of the marriage contract. Only in this case all common shared objects and real estate are indicated in the text of the agreement.

If it is an agreement, to which citizens came before the court, then you can apply to a notary. The principle of registration is similar to the marriage contract. Only an agreement on the sharing of jointly acquired property in this situation will indicate what exactly and to whom will belong after the dissolution of the relationship.

When an action is filed

But most often it is the claim for the sharing of jointly acquired property takes place. Many are interested at what point it is required to handle the relevant application. Reply here can be unambiguous - at the time of applying for a divorce. Or rather, in parallel with this operation.

As practice shows, in the registry office in the presence of property disputes, as a rule, do not bred. Therefore, you need to apply immediately to the court. And already in this instance there will be not only the dissolution of relations, but also the division of everything that was acquired during the marriage.

In general, under the established laws, you can deal with the division of property at any time. Now we divide everything that exists, offer:

• During the marriage;
• At the time of divorce;
• After the termination of the official registered marriage within 3 years.

Most often, it is the second variant of the development of events that takes place. After all, often even the dissolution of marriage must be conducted through the court. And immediately I want to resolve all the disputes in order not to return to them any more.

Where to go

And where to file a statement of claim on the sharing of jointly acquired property? A controversial issue. It all depends on the cost of shared objects and objects. This, too, should pay attention. After all, if citizens turn to the wrong authorities, they will simply be refused.

Disputes related to the separation of common real estate and spouses' items, the total cost of which does not exceed 50,000 rubles, are settled in the world court. It is necessary to address here, if, for example, a couple has almost nothing costly.

And in another situation where to file a lawsuit? The division of jointly acquired property can occur not only in the world courts. If the dispute is conducted on a larger scale, then they turn to the district courts for help. Accordingly, the application is submitted to a court. It all depends on the situation.

Documentation

And what do you need to realize the idea? The section of jointly acquired property, as already mentioned, is held mainly in the district court at the place of residence of the plaintiff. And only occasionally in the world. Regardless of the type of judicial body, it is necessary to collect a certain package of documents, which will help to solve the task.

So, the plaintiff must bring with him to the selected instance the following package of securities:

• Statement of claim on the sharing of jointly acquired property during the period of relations;
• Identity card (passport);
• Certificate of marriage / on its dissolution (depending on the situation);
• Documents on property rights;
• Proof of contribution to common property (indicating the importance of investments);
• Birth certificates for all underage children in common (if any);
• Data on the defendant (optional).

Further within 30 days the application will be considered, and also citizens will be appointed a court session. In the course of it, most likely, the court will offer to conclude a "world" one. If this is not possible, then the property will be divided at the discretion of the judicial authorities. As a rule, everything is divided 50/50. And only in some cases it is possible not to expose any real estate section.

Recognition as a general

It also happens that one of the spouses is significantly invested in the property of the husband / wife. And personal finances. Then you can recognize the property as common. And even if it was acquired before marriage, still such a property is subject to division. The main problem here is the proof of investments. After all, a person must pay for the improvement of his spouse's property only from personal finances. For example, there was a payment for a major overhaul or restoration. In this situation, the court will take this into account. And with sufficient evidence, the premarital apartment will be shared as a general. The application for the sharing of the jointly acquired property of the spouses in a compulsory manner in this situation should confirm that all expenses were committed for the person's personal money.

That there were no problems, it is recommended to understand what is called general finance. They include:

• Earnings of all family members;
• Pensions;
• Benefits;
• Scholarships;
• Interest on deposits and deposits themselves;
• Income from real estate transactions.

In general, almost all the profits that citizens obtain in marriage can be recognized as common money. Regardless of which of the spouses brought her into the house. But the inheritance and the means received by donors are not considered common. Just like the deposits / money that were available to her husband and wife before the formal marriage.

So sometimes personal property through the court can be recognized as general, and then divided it. This will require some evidence. Often, all the significant contributions can be proved. This should be remembered.

Agreement

Now it is clear how the division of jointly acquired property takes place. The example of the settlement agreement, which will be presented later, is just a template. Relying on him, you can make an agreement on the division of everything acquired in marriage. The agreement will look like this:

We, Ivanov Ivan Ivanovich, (passport data) and Ivanova Maria Petrovna (passport), hereby establish the procedure for the division of the property we have with the dissolution of the marriage.

• 1-to the apartment, located at: Tula, ul. Miroshnichenko, Building 5, Apt. 15, goes to Marina Petrovna;
• Garage in the village Kulikovo, on the street. Kirov, 45, and the car "Nissan Kashkay" in 2002 - Ivanov Ivan Ivanovich;
• Kitchen set (corner sofa and folding table) - Ivanova Marina Petrovna;
• TV "Samsung", a diagonal of 22 inches - Ivan Ivanovich.

We have been acquainted with the terms of this contract, we have no claims to each other. All the rest of the co-owned property is divided in half. Jewels are recognized as the property of the person to whom they were given.

The lawsuit

And how will the claim for the sharing of jointly acquired property look like? In fact, he does not differ much from the agreement. But the difference is still visible. You can use the following template:

I, Ivanova Maria Petrovna (passport details), I ask you to make a section of jointly acquired property for the period of marriage with Ivanov Ivan Ivanovich. During the period of officially registered relations we acquired:

• 1-to the apartment, 31 square meters, the date of purchase 22.07.2012;
• Kitchen set bought on May 15, 2013;
• LCD TV "Toshiba" with a diagonal of 65 inches, 9/12/2013.

I also made investments in the repair of the premarital apartment of Ivan Ivanovitch Ivanov. I ask you to recognize this property as a general and to make a section in accordance with the established legislation. All documents and checks are enclosed.

That's what "litigation" looks like about the division of jointly acquired property. This is just a template. It helps to understand the general principle of drawing up a document. In the same way, all the property that the husband and wife has in marriage is signed. And then publish a request to share it.