The issue of division of property is often raised by former spouses after a divorce. Sometimes former spouses recall such events after receiving a stamp. This raises the logical question of what is the deadline for submitting a property to a division after a divorce and whether it can be done after the end of the divorce process. There are certain nuances and characteristics.
What can be divided?
In accordance with Russian law, the division of property under the law can be performed both in marriage and after its dissolution. You can only divide property acquired during official marital relations.
During the division, part of the property is recognized as the individual property of one of the spouses, if:
- These are personal items, that is, things that were used exclusively by one of the spouses. These items do not include expensive luxury items (such as jewelry or art objects).
- Things inherited to one of the spouses free of charge (inheritance, gift).
- All things, without exception, that were owned and owned by the spouse at the time of marriage (that is, purchased before marriage).
- Intellectual property rights (for example, copyrights).
The time limit after a divorce for the division of property, during which the ex-husband and wife are entitled to go to court, is determined by the Family Code. He is three years old.
Some features in calculating the term
Civil law defines the concept of violation of the rights of the plaintiff. From this moment on, a person can declare his requirements. This applies to the question of how long the division of property after a divorce.
Suppose the spouses did not have any complaints regarding the distribution of joint things acquired during marriage. But at some point after the official dissolution of the marriage, the spouse learns about the fact of infringement of his rights to receive common property (for example, the spouse (spouse) sold jointly acquired property and turned the funds received in his favor).
In this case, the time period for filing a lawsuit on the partition shall be calculated from the moment the fact of violation of his rights is revealed, regardless of the expiration of the general the statute of limitations for the division of property after a divorce.
Determination of shares
All objects of movable (any vehicles, household appliances, interior items, etc.) and real estate (apartments, dachas, garages, etc.) property acquired during the period of cohabitation or for joint income are distributed between the wife and husband in equal parts (50 to 50).
A spouse who did not have her own income in the marriage, but was engaged in the maintenance of a common household and caring for common children, also has the right to her part. Often this is half of the total property. After a divorce, the term for the division of property in this case is calculated on a common basis.
In certain circumstances, the size of the shares may be changed taking into account the interests of children under the age of majority. In this case, the common property is divided in accordance with the awarded shares to each of the spouses.
Voluntary Section
If the former or current spouses do not have disputes about the procedure and determination of shares during the division, then they have the opportunity to independently determine the list of things and property that will remain in the ownership of each of them.
The agreement is made in writing and, if desired, is certified by a notary.Under this agreement, spouses receive property due to them in the amount in which it is indicated in the document. If it is not possible to agree peacefully or the spouse is trying to violate the rights of the other spouse, enshrined in the agreement, then the issues will have to be resolved through the court.
Section litigation
Partition requirements may be stated as part of a divorce application or as a separate document.
The judicial authority has the right to separate the lawsuit on the division of property into a separate proceeding if it establishes that the claims affect the interests of third parties.
These requirements should be handled in courts of general jurisdiction:
- to a magistrate’s court if the amount of the claim is less than fifty thousand rubles;
- to the federal if the price of the claim exceeds this amount.
If the views of the spouses radically diverge, there is always the opportunity to file a counterclaim with the statement of their arguments and their arguments.
Claims for the division of property are subject to state duty, the amount of which depends on the amount of the claimed claims, but not more than sixty thousand and not less than four hundred rubles.
The price of the claim is calculated at the cost of the property subject to division and indicated in the list by the plaintiff.
If the value of some property (transport, real estate, etc.) is in doubt, you can contact a specialized valuation organization and get a conclusion on its value. This document should be included in the list of the annex to the application.
Statement content
Mandatory details include:
- Name of the judicial authority and its address.
- Name, address of the plaintiff, defendant and legal representative.
- Application with a list of documents.
- Cost of claims (claim price).
- Signature and date of appeal to court.
The essence of the statement itself consists of the prerequisites for the dispute, arguments and arguments, backed up by references to legislation and established practice and substantiation of requirements under the property division scheme.
Application Requirements must contain a list of things and property subject to division, indicating its value and belonging to one or another spouse, a requirement to seize certain types of property in order to avoid transferring it to the ownership of third parties (can be executed in a separately filed application). The requirements also indicate the amount of monetary compensation, which arises from the difference in the value of the property remaining for each spouse.
Attachment to the claim
- A copy of the pages of the passport of the plaintiff.
- Copy of the certificate of marriage (divorce).
- Copies of documents certifying ownership of property subject to mandatory registration with state bodies in accordance with the law (transport, real estate).
- Valuation opinions on the value of individual objects of the dispute.
- Inventory of property (may be executed in a separate appendix to the application).
- An application for seizure of certain property, if this requirement is not indicated in the application itself.
- Other documents proving their position that affect decision-making (certificates, extracts, etc.).
- A copy of the power of attorney of the representative, if the interests of the plaintiff are represented by a lawyer.
- State duty payment document.
The application, together with the application on the number of persons participating in the lawsuit, is sent to the court during the period of the division of property after the divorce by registered mail with notification or is transmitted on purpose to the court office.
Persons entitled to claim section
Sometimes spouses are so much absorbed in the problems of divorce and the solution of the problems arising from it that they forget about the debts acquired over the years of cohabitation.
In addition to the spouses themselves, creditors (banks or individuals) can apply to the court during the period of division of property after the divorce.If the spouse owns property of significant value, sufficient to pay off the debt, the creditor will demand the recovery of this property or the spouse's share of the court.
Finally
After the divorce of the spouses, the term for the division of property is three years, but it can be extended. If the rights of the former husband or wife were violated during the division of property after the divorce, the limitation period. In this case, the time period should be calculated from the moment when the ex-husband or wife found out or should have known about the violation of their rights.
In a modern society of people endowed with foresight and prosaic thinking, the practice of concluding a marriage contract has become popular, which in itself is a guarantee of the future welfare of not only the spouse, but also children born in marriage, and the solution to the problem of the timing of the division of property after divorce.