Probably, many will agree on how convenient and useful it is to have personal transport within walking distance. With it, you can quickly get to your place of work, manage to take your children to kindergarten or school, as well as make planned purchases for the whole week and even go to nature. But this is only good if everything is healthy in the family and nothing portends trouble. If it comes to parting, the car, like any other property, is subject to division. How does the car division during a divorce? We talk about this further.
By kindness or coercion?
If we turn to the Family Code, it follows from it that any joint property should be divided into equal parts between spouses. But if, for example, household appliances and land are quite realistically divided, how is the situation with vehicles in case of a divorce? Section car is not like sharing furniture or interior items. A car is not a cake. It cannot be cut into two equal parts. Unless for parts.
In this case, the logical option is when the car remains with one family member, for example, with the wife. The spouse, though left without “wheels,” receives quite a decent reward for her “iron horse”. True, in this situation, the amount of compensation will directly depend on the estimated cost of the machine, taking into account wear and tear. And, of course, it will be different from the original.
According to the rules of the contractual section, both parties agree to draw up a special agreement describing the voluntary transfer of transport by one side for permanent use by the other. If the spouses are happy with everything, their signatures are placed under the document, as well as the notary’s seal.
However, this option is possible only on condition that both spouses agree with the proposal. But in practice, it turns out to be much more complicated. And when one of the spouses becomes too intractable, the representatives of Themis come into action. But only after the offended party submits an application for the division of the car. After a divorce, this is a common thing. It is especially true for angry and unyielding spouses. In this case, the length of the process will depend on the evidence of one side or another, presented as proof of ownership.
Where to file a claim?
The application for the division of the car after the divorce is filed at the place of residence of your defendant. The examination of the case itself, as practice shows, directly depends on the amount of the amount that is planned to be collected from the defendant. For example, if the lawsuit is about less than 50,000 rubles, then it will be considered by the justice of the peace. When this amount exceeds 50,000 rubles, your application will be forwarded to the city or district judge.
What documents are required to file a claim?
If during a divorce the car section is simply unrealistic in a contractual manner, we recommend that you file a claim with a court. However, before the court representatives begin to deal with your problem, you must file a statement of claim and the following package of documents:
- Plaintiff's internal passport.
- The original certificate of marriage and divorce (if the car is divided up immediately after the divorce).
- The originals of the technical passport and documents for the car.
- Credit agreement (if the car was purchased with a bank loan).
- The original valuation report on the preliminary value of the vehicle (performed by independent experts).
- Other documents (they can, for example, confirm the fact of the acquisition of a car by one of the spouses before marriage).
- State duty receipt.
Additions to the statement of claim regarding the division of the car after the divorce will be documents confirming ownership or the legitimacy of the submitted claim. For example, a court may consider payment receipts that prove that it was made solely by the plaintiff. At the same time, he used money from personal income, not related to family income.
How to write a statement about car division after a divorce: sample
As a rule, the following information must be indicated in the statement of claim:
- The name of the judicial authority where your case will be further considered.
- Surname and initials of the judge.
- Detailed information about both parties to the conflict (here you will need passport data, address of residence, etc.).
- Brief information about the purpose of the proceedings.
- Mention whether or not a marriage contract was concluded.
- A concise description of the essence of your problem.
- Required compensation price.
In the end, the lawsuit about the division of the car after the divorce is supplemented by a petition or a claim of the plaintiff. For example, this may be a request to transfer the car to the plaintiff for personal use or to sell it, with the subsequent sharing of money between the former spouses equally.
Does having a child affect a positive response to a lawsuit?
Many believe that in a divorce, the car section can be decided in favor of the interested party if it has extenuating circumstances. In this case, their role may be children. However, the presence of minor children in this case does not play a special role. This is due to the fact that children with living parents cannot claim their property. Rather, the presence of children will be relevant for disputes related to the housing issue and the division of housing. As you can see, a car’s division after a divorce occurs without the direct involvement of children.
What car splitting options are available?
According to the law, you can share a common car in one of the following ways:
- When the court decision is related to the sale of the vehicle. Accordingly, the money between spouses is divided equally or in some percentage ratio.
- When, by a court decision, the right to own a car is awarded to one of the parties to the dispute. Moreover, he undertakes to pay all or part of the amount to another family member within a certain time. Also, the spouse is entitled to compensate for the cost of the received car at the expense of valuable property, for example, land or securities.
The option with compensation for the value of the vehicle with any valuable property is most suitable for families where most of the time this car was driven by only one family member. The second one did not actually use it. This point should be considered when divorcing. Section car - a purely individual matter. However, the law provides only for the joint use, sale or transfer of rights in favor of one of the former spouses.
How to divide two cars at once?
The situation is a little different when it is planned to divide not one, but several vehicles at once after the divorce. The division of property (cars) in this situation occurs subject to the rights of both spouses.
Naturally, if both cars will have equal characteristics (of one manufacturer's company, of the same year of manufacture, etc.), then it is not difficult to divide them between spouses. All honestly: the husband will get one car, and his wife - another.
But if one car is newer, and the second is old and used, then without a court this dilemma cannot be solved in any way. Moreover, if after a long process a new car will be awarded, for example, to the spouse, then he will simply be obliged to compensate the set amount to his wife. And this is because she got an older model of the car.
Sometimes both cars go to one member of the family. It also happens.For example, in the case when one of the spouses does not know how to drive or does not have rights. Moreover, such people usually do not pretend to transport, which they do not know how to drive. About how the section of the sold car occurs after the divorce, we will tell further.
How to share a car after selling it?
Sometimes it happens that during a lawsuit that family member who still has a car after a divorce, in spite of another decides to sell it. How to restore justice then? In this case, we recommend that you file a lawsuit against the offender and demand the separation of the proceeds from the sale of the “iron horse”. But here you have to tinker with the documentation and search for evidence supporting the fact of common ownership. If this succeeds, proceed.
When applying to the court in order to share the amount from the sale, it is worth considering the following points:
- The market and estimated price of the car (usually the second is significantly different from the first).
- The price for which the car was sold (at least approximately).
If you find out the amount for which the car was sold, it is unrealistic, it can be assumed. To do this, it is recommended to contact a paid appraiser. An experienced expert will compare the data with other similar brands and tell you the approximate cost.
When the sale of the car was carried out with the participation of both spouses, but the second does not want to share the money earned, it is also worth going to court. In this case, the price indicated in the contract of sale will be taken as the basis for the amount of compensation.
Is it safe to split the machine?
Sometimes one of the former spouses fears unfair play by the other. So, even before the final court verdict, for example, the spouse can sell the car and appropriate the entire amount to herself. In order to prevent such a turn of events, we recommend that you write a statement about a temporary ban on the sale along with the statement of claim. Based on it, authorities will put your car in a special register that will not allow an dishonest family member to resell your common property.