If a divorcing couple cannot come to an amicable resolution of the issue of jointly acquired property after a divorce, then they have no choice but to go to court with a corresponding application.

As a rule, disagreements arise when one of the spouses considers himself entitled get a big share than the legal half of the property. Also, a bone of contention can be any property that both sides want to possess equally, for which they are ready to compete in court.

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Before filing a lawsuit in court, according to which one of the spouses claims a share in joint property, he should realistically assess his chances. To do this, it is necessary to draw up a clear action plan, a list of property, the time of acquisition, and what exactly of this property you would like to sue.

How is the joint property of the former spouses divided in a divorce?

Property not subject to division

However, according to Article 36 of the RF IC there is a category of things that can be attributed to the personal property of a particular person and cannot be divided:

• donated under the contract to one of the spouses;
• legally inherited by either of the spouses;
• items that are in personal use, excluding jewelry and other attributes of a luxurious life;
• the fruits of the intellectual labor of one of the spouses.

When they were bought and at whose expense, it does not matter.

All property acquired by any of the couple will be considered personal. before marriage even if these items were shared in the household.

Things that were bought for children are also not subject to consideration in a case on the division of property between divorced spouses. This rule also applies to money lying on bank accounts issued to children. Children's belongings will remain with the spouse with whom the child will live after the parents' divorce procedure is completed.

How to determine the value of a property?

The price of the claim is calculated on the basis of the value of the property, therefore, an assessment of the objects is necessarily carried out, on the basis of which the amount is calculated state duty. The same estimate serves as the basis for determining the shares that will go to each of the spouses, or for fair monetary compensation in the case when such a division order has been established by the court.

Real estate is evaluated by means of an inventory assessment, which is contained in the BTI documents. Evaluation of land plots is carried out based on the documents of Rosreestr at the cadastral value.

Real estate appraised at market value in the event that there is no information on the cadastral or inventory value. The size of the state duty in this case turns out to be many times larger, so it is better to rely on the estimate obtained by inventory or from the cadastre.

Appraisal of movable property that is not of particular value is carried out by the plaintiff at your own discretion, based on the original price, as well as wear and tear during use.

The assessment will receive special weight in court if it is carried out with the involvement of a company specializing in such activities. Based on the results of the activities carried out by the appraisal company, an act is drawn up that can be supplemented by the claim documents.

Key points when filing a claim

The statute of limitations

Important! The longer the division of property is not carried out after the divorce, the less likely it is to win the court and get your share!

People who are not in a hurry to divide property after a divorce may have different reasons for this. Someone cannot come to an agreement with each other, others are making efforts to restore the family. According to Article 38 RF IC An application for the division of property must be submitted:

• when the fact of divorce was registered;
• during the process of dissolution of marriage;
• before the divorce proceedings begin.

Spouses who are already divorced and are about to file a division claim must take into account. If, after the completion of the divorce proceedings, over three years, the court has the right to refuse the plaintiff to satisfy his claims. Nevertheless, to defend their interests is quite realistic in this situation.

The countdown is from the minute when the fact of divorce was officially registered. After receiving the papers confirming the dissolution of the marriage, within three years, you can file a lawsuit in court aimed at the division of property.

However, the court may take into account the moment when the right to use common property was violated for one of the couple. If the plaintiff can prove this fact, then exactly this moment and will be taken as the starting point for calculating the statute of limitations. In this case, a claim can also be filed after three years have passed since the dissolution of the marriage.

Where to file a claim for the division of property?

The one from the married couple who decided to initiate the division of property upon the fact of a divorce must submit to the court an application-claim at the place of residence of the other spouse. If the disputed subject is a real estate object, then the claim is filed at the place of its immediate location.

If the property of the spouses is far from each other, then the claim is filed at one of the addresses of the plaintiff's choice.

If, simultaneously with the application for the division of acquired property, the application contains a request for the recovery of alimony or a demand for divorce, then the application can be submitted at your own discretion, for example, at the address of actual residence.

For the correct preparation of the statement of claim, we recommend watching the video:

Procedure for filing a claim

The statement of claim, prepared in accordance with all the rules, refers to the world (district) court serving the address where the defendant lives, or at the address of the property, which is the only subject of the dispute in the division process. Before being paid state duty according to established order.

Must be added to application copy of it, which will be served to the defendant, a copy of the marriage registration certificate, documents confirming the fact of divorce, documentation of the disputed property and real estate.

The decision of the court in the divorce proceedings should also be attached in the case when the date of the divorce plays a fundamental role and is contained in the corresponding decision.

Download the claim form for the division of property

The application form is similar to a similar divorce document. In the header (top right) it is required to indicate the name of the judicial authority, last name and first name, as well as patronymic and place of actual residence of the plaintiff, the same data of the defendant and full cost divisible property.

The following information is included in the application:

1. date of marriage registration;
2. on the date of dissolution or filing a claim for divorce;
3. the stage at which the divorce process is;
4. about the fact that earlier the division of property by the parties was not initiated, there is no agreement on this matter, and there is no possibility to agree independently;
5. the list and cost of the objects of the dispute that are planned to be divided;
6. the requirement to divide the property into equal shares with reference to the relevant article of the law;
7. justification of the fairness of the request for the possibility of division in unequal shares;
8. a list of property indicating the value, the ownership of which is disputed by the plaintiff, and the reasons for his interest in these objects of the dispute;
9. a list indicating the value of jointly acquired valuables, which, according to the results of the court, should go to the defendant with justification;
10. the amount of compensation for the excess in someone's favor of the value of his share over the value of the part of the other spouse;
11. list of documents in the application, date, signature.

What documents are needed to apply?

Mandatory documents to be presented are:

• marriage certificate;
• a copy of the act record confirming the fact of the conclusion of a marriage union, in the event of a divorce;
• divorce certificate (relevant court order);
• documentation for the property mentioned in the statement of claim;
• an act on property valuation by an independent organization (if any);
• receipt for the payment of state duty;
• other documents requested by the court.

Counterclaim for division of property

Grounds for a counterclaim

• The presence of factors that incline the court to decide on the division of property in unequal shares. As such, the court may recognize terms of the marriage contract, if it was concluded earlier, interests of a minor child and other reasons.
• The presence in the statement of claim of property acquired with funds received from the sale of any things acquired by either of the spouses before marriage.
• Presence in the list of claims of the plaintiff items for personal use or inherited.
• Absence in the original list of requirements information about, which was taken in the interests of the family, and the burden of which can be distributed equally between the spouses after the division of property.

The validity of all these grounds will need to be proved in court by presenting various contracts, checks, receipts, testimonies and any other arguments that can convince the court.

Procedure and terms for filing a counterclaim

The counterclaim is being sent to the same court where the original application was filed.

Important! It is necessary to have time to bring such a statement before the time when the consideration of the original claim is completed!

Before submitting an application to the court, it is required to pay a state fee in the amount calculated based on the value of the claim.

We offer you to download the form of a counterclaim for the division of property.

Compulsory is to fill in a header indicating the name of the judicial authority, the data of the applicant, as well as the defendant, the total value of the disputed property. In addition, information must be entered:

• duration of marriage in time;
• a list of property submitted for division, its cost and time of acquisition;
• the location of this property;
• the party bearing the costs of maintaining the property;
• the person carrying out the operation;
• the opposite nature of the statement.

Documents must also be attached confirming the information contained in the application. If there are no such documents, then an independent examination is carried out with the involvement of specialized organizations. Based on it, the price of the claim is calculated.

To the Koptevsky District Court of Moscow

125130, Moscow, st. Zoe and Alexandra

Kosmodemyanskikh, 31, bldg. 2

The claim is filed at the location

one of the real estate objects

in accordance with Part. 1 Article. 30 Code of Civil Procedure of the Russian Federation

Claimant: _________________

Respondent: __________________

Claim price: __________

State duty 60,000 rubles

Statement of claim

on the division of jointly acquired property and debts of the spouses

1980 a marriage was concluded between me and the defendant. _____________ marriage between us is annulled. There are two daughters from marriage - ________________ 19__ born. and _______________________ 198_ born

During the marriage, we acquired the following property.

1.Land plot with total area 1485 sq. m., cadastral number _________________, located at: Moscow region, ___________________(hereinafter also - Plot No. 5).

Plot No. 5 was purchased on the basis of the Sale and Purchase Agreement (purchase deed) dated ____________. The ownership of Plot No. 5 is registered with the defendant, which is confirmed by a certificate of ownership of the land.

In accordance with paragraph 15 of the Resolution of the Plenum of the Supreme Court Russian Federation dated 05.11.1998 No. 15 “On the application of legislation by the courts when considering cases of divorce”, the value of the property to be divided is determined at the time of the consideration of the case. In accordance with the report of the appraiser No. __________ dated ___________, the market value of Plot No. 5 at the moment is __________ rub.

2. Ownership of a residential building with a total area of ​​465 sq. m., located on Plot No. 5(hereinafter also - Residential building).

The residential building was erected on the basis of the Construction Contract dated _________.

At the moment, there is a stable jurisprudence on the issue of recognition of ownership of real estate for which at the time of the dispute there is no certificate of ownership, provided that, taking into account the stage of construction and design features such facilities are completed construction projects (see: Determination of the Supreme Court of the Russian Federation of 04.23.2001 No. 57-V01-2; Resolution of the Presidium of the St. Petersburg City Court of 04.25.2007 No. 2007 No. 317 in case No. 44g-120 \ 07; Determination of the St. Petersburg City Court of June 16, 2009 No. 8148; Resolution of the Presidium of the Moscow Regional Court of May 13, 2009 No. 115; Determination of the Moscow City Court of April 4, 2011 in case No. 33- 6014; decision of the justice of the peace of 06.11.2008; ruling of the Moscow Regional Court No. 4g-3143/09 of 04.06.2009).

Since the Residential House is fully built, which is confirmed by the working draft for heating the house, the working draft for connecting to gas, the conclusion of a comprehensive judicial construction and technical expertise No. ___________ dated _________________, it is subject to division as real estate and may be an object of ownership.

The market value of the residential building at the current time is ___________ rub., which is confirmed by the conclusion of a comprehensive judicial construction and technical expertise No. __________ dated ________

3.Land plot of 680 m²., cadastral number __________________, located at: Moscow region, _________________, section No. 26(hereinafter - Plot No. 26).

The title documents for Plot No. 26 are: The contract of sale (purchase) between _____________ and the defendant dated __________________. Ownership of Plot No. 26 is registered to the defendant, which is confirmed by a certificate of registration of ownership.

In accordance with Report No. _______________ dated ______________ 2012, the total market value of Plot No. 26 is ____________ rub.

4. Land area of ​​680 sq. m., cadastral number _____________________, located at: Moscow region, _________________________, section No. 25(hereinafter - Plot No. 25).

The title document for Plot No. 25 is the Sale and Purchase Agreement (Purchase Deed) between ________________. and the defendant dated 18.08.2003. Ownership of Plot No. 25 is registered to the defendant, which is confirmed by a certificate of registration of ownership.

In accordance with Report No. _________________ dated ___________ 2012, the total market value of Plot No. 25 is _______________ rub.

5. Land plot with an area of ​​0.08 ha, located at: Moscow region, ___________________________________.

This site was given to the defendant in the property in ___________ year, which is confirmed by a certificate of registration of ownership.

In accordance with the appraiser's report No. _______________ dated ___________________, the market value of the specified site at the current moment is _________ rub.

6. Apartment with a total area of ​​78.5 sq.., located at the address: Moscow region, ________________________ (construction address) Moscow region _____________________ (postal address) (hereinafter - Apartment No. 68).

The title document for Apartment No. 68 is Agreement No. __________ on equity participation in housing construction dated ____________

Apartment No. 68 is a fully built real estate object, this circumstance is confirmed by the act of acceptance and transfer of Apartment No. 68, an act of the acceptance commission on the acceptance into operation of the completed construction object dated ________________, an agreement with management company for utility services of apartments, certificates of debts for utilities.

Taking into account the current judicial practice of recognizing ownership of real estate objects for which at the time of the dispute there is no certificate of ownership (see: Determination of the Supreme Court of the Russian Federation dated 04.23.2001 No. 57-B01-2; Resolution of the Presidium of the St. Petersburg City Court dated 04.25.2007 No. 44g-266/07; Resolution of the Presidium of the Moscow Regional Court dated 05.16.2007 No. 317 in case No. 44g-120\07; Ruling of the St. Petersburg City Court dated 06.16.2009 No. 8148; Resolution of the Presidium of the Moscow Regional Court dated 05/13/2009 No. 115; Decision of the Moscow City Court dated 04/04/2011 in case No. 33-6014; decision of the justice of the peace dated 11/06/2008; decision of the Moscow Regional Court No. 4g-3143/09 dated 06/04/2009), it should be recognized that the Apartment No. 68 is subject to division as immovable property and may be the object of ownership.

In accordance with Report No. ….—— dated ____________, the total value of the market value of Apartment No. 68 is __________________ rub.

7. Apartment with a total area of ​​116.6 sq. m., located at the address: Moscow ______________________ (construction address) Moscow region ____________________________ (postal address) (hereinafter - Apartment No. 42).

The title documents for Apartment No. 42 are: Agreement No. ____________ on equity participation in housing construction dated ____________ between LLC _________ and LLC ___________; Agreement No. 1/42 of the assignment of the right to claim dated _____________ to Agreement No. ___________ dated __________ between LLC "____________" and the defendant.

Apartment No. 42 is a fully built real estate object, this circumstance is confirmed by the act of acceptance and transfer of Apartment No. 42, the act of the acceptance commission on the acceptance into operation of the completed construction of the object dated __________, the contract with the management company for public service of apartments, certificates of debt on utilities.

Taking into account the current judicial practice of recognizing ownership of real estate objects for which at the time of the dispute there is no certificate of ownership (see: Determination of the Supreme Court of the Russian Federation dated 04.23.2001 No. 57-B01-2; Resolution of the Presidium of the St. Petersburg City Court dated 04.25.2007 No. 44g-266/07; Resolution of the Presidium of the Moscow Regional Court dated 05.16.2007 No. 317 in case No. 44g-120\07; Ruling of the St. Petersburg City Court dated 06.16.2009 No. 8148; Resolution of the Presidium of the Moscow Regional Court dated 05/13/2009 No. 115; Decision of the Moscow City Court dated 04/04/2011 in case No. 33-6014; decision of the justice of the peace dated 11/06/2008; decision of the Moscow Regional Court No. 4g-3143/09 dated 06/04/2009), it should be recognized that the Apartment No. 42 is subject to division as immovable property and may be an object of ownership.

In accordance with Report No. ____________ dated ______________, the total market value of Apartment No. 42 is __________ rub.

8. Room No. 3 with a living area of ​​15.8 sq. m. in a 3-room apartment communal settlement located at: Moscow city, _________________(hereinafter also - Room No. 3).

The title document for Room No. 3 is the Room Purchase and Sale Agreement dated ____________. The owner of Room No. 3 is the plaintiff, which is confirmed by a certificate of ownership.

In accordance with Report No. _____________ dated ____________, the total value of the market value of Room No. 3 at the moment is _____________ rub.

9. Apartment with a total area of ​​31.4 m² located at the address: Moscow_______________ (hereinafter - Apartment No. 15).

The title document for Apartment No. 15 is a Lifetime Maintenance Agreement with Dependents dated _____________. The owner of Apartment No. 15 is the full name

In accordance with the Review of Judicial Practice of the Supreme Court of the Russian Federation dated 06/23/2004, 06/30/2004 for the first quarter of 2004, the life maintenance agreement with a dependent is not free of charge, since under the terms of the agreement the rent payer undertakes to provide life maintenance with a dependent of a citizen and (or) the third party (persons) indicated by him (clause 1 of article 601 of the Civil Code of the Russian Federation). Since all expenses under the life maintenance agreement are made at the expense of the joint income of the spouses, the real estate acquired on the basis of the agreement is their joint property (question 15).

In such circumstances, Apartment No. 15 is subject to inclusion in the common matrimonial property to be divided.

According to appraiser's report No. ___________ dated ___________, the current market value of Apartment No. 15 is __________________rub.

In accordance with Part 2 of Art. 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage (common property of spouses) includes the income of each spouse from labor activity, entrepreneurial activity and results of intellectual activity, pensions, allowances received by them, as well as other cash payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, and others ). The common property of the spouses is also movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, contributions, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed cash.

According to part 3 of Art. 38 RF IC in the event of a dispute section common property spouses, as well as the determination of the spouses' shares in this property are made in a judicial proceeding.

Paragraph 1 of Art. 39 of the Family Code of the Russian Federation establishes that when dividing the common property of the spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

Provisions similar in content are set out in Art. 256 of the Civil Code of the Russian Federation.

Thus, as follows from Art. 34 RF IC, Art. 256 of the Civil Code of the Russian Federation, in the absence of a marriage contract, the right of joint ownership of any property acquired by the spouses during the marriage is assumed, unless otherwise proven.

In accordance with paragraph 15 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 No. 15 “On the application of legislation by the courts when considering cases of divorce”, the value of the property to be divided is determined at the time of the consideration of the case.

The value of the above common property of the spouses is _____________ rub. In this case, each of the spouses shall be awarded ½ share in the common matrimonial property.

According to par. 2 hours 3 tbsp. 38 of the Family Code of the Russian Federation, when dividing the common property of the spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If property is transferred to one of the spouses, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.

According to Part 1 of Art. 63 of the Family Code of the Russian Federation, parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children.

In connection with the foregoing, when dividing the above common property, we ask the court to take into account the following noteworthy circumstances, which will protect the legitimate interests of the relevant persons.

The respondent currently resides in the residential building.

The remaining properties are actually used by the children and grandchildren of the plaintiff and the defendant, while warm family relationships have developed and are maintained only by the plaintiff.

Since the dissolution of the marriage, the defendant has not provided any support to the children (neither material nor psychological). In this regard, if the property that the plaintiff asks to leave for her is distributed differently by the court, then the further residence of the children, where they are actually reside may not be possible.

The eldest daughter, ______________, actually lives in Apartment No. 68. Her children actually live with her - _____________ (eldest son from his first marriage with _____________), ___________________ (youngest son from his second marriage with _____________.) and __________ (her husband). It is also planned to replenish the family, after which _______________ wants to move to Apartment No. 42 (its area is larger). The plaintiff plans to move to Apartment No. 68 to provide assistance in connection with the birth of a child. ____________ visits _______________ (Appendix No. 6 to the statement of claim). ___________ (youngest grandson) attends Kindergarten"_______" in the city of ____________ (available in the case file).

The further residence of the youngest daughter with her family in Room No. 3 is undesirable for the psychological health of ______________, since the defendant is also registered at this address. This is due to the fact that from time to time the defendant appears at this address, arranges scandals, beatings (available in the case file). All this is not the best way to affect the health of children.

The defendant systematically morally suppresses the plaintiff, which indicates that any joint use of property by the parties is not possible. From the foregoing, it can be seen that at present the procedure for the use of property has developed exactly as the plaintiff asks for the distribution of property in the pleading part of the claim. The distribution of property in any other way will significantly affect the rights and legitimate interests of all interested parties.

In accordance with paragraphs. 15, 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 No. 15 “On the application of legislation by the courts when considering cases of divorce” if one of the spouses alienated the common property or spent it at its own discretion against the will of the other spouse and not in the interests of the family , then the division takes into account this property or its value. The value of the property to be divided is determined at the time of the consideration of the case.

AT court session dated November 14, 2012, the defendant submitted a contract for the sale of a small vessel " boatcrown line 270 CR» , ____________ (hereinafter also - the Boat) dated ___________, the act of acceptance and transfer to the specified agreement, the contract of sale of the trailer dated _______________ with the act of acceptance and transfer of the trailer.

The title document for the Boat is the Sale and Purchase Agreement No. ________ dated __________. The defendant was the owner of the boat until the moment of alienation.

In accordance with the report of the appraiser No. _________ of ___________, the market value of the Boat is _______________ rub.

Taking into account that the boat was acquired during the marriage, alienated by the defendant after the dissolution of the marriage against the will of the plaintiff, while the defendant did not provide evidence of spending the proceeds from the sale of the boat for the needs of the family, a monetary compensation in the amount of ½ of the cost is to be recovered from the defendant in favor of the plaintiff of the sold Boat, namely ______________ rub.

In accordance with Part 3 of Art. 39 of the Family Code of the Russian Federation, the total debts of the spouses in the division of the common property of the spouses are distributed among the spouses in proportion to the shares awarded to them.

Article 210 of the Civil Code of the Russian Federation establishes that the owner bears the burden of maintaining the property belonging to him.

According to the data of the financial personal account No. _______________, the amount of debt on payment of expenses for the maintenance of Apartment No. 42 as of _________________ is _______________ rubles.

According to the data of the financial personal account No. ______________, the amount of debt on payment of expenses for the maintenance of Apartment No. _________ as of ___________ is ______________ rubles.

The total debt on payment of expenses for the maintenance of Apartments No. 42 and No. 68 is _____________ rub.

Since each of the spouses is to be awarded a ½ share in the common matrimonial property, the debt to pay the costs of maintaining Apartments No. 42 and No. 68 is also subject to collection from each of the spouses in equal shares.

In accordance with Part 1 of Art. 88 Code of Civil Procedure of the Russian Federation court costs consist of state fees and costs associated with the consideration of the case.

By virtue of Art. 94 of the Code of Civil Procedure of the Russian Federation, the costs associated with the consideration of the case include:

amounts payable to experts, specialists;

expenses for the services of representatives.

In the process of preparing for the trial and considering the case, the plaintiff incurred the following legal costs:

- __________ rub. - the cost of paying the state fee;

- ___________ rub. - expenses related to the valuation of property objects (preparation of expert opinions and complex forensic examination);

- ______________ - expenses associated with the provision of legal services, namely assistance in collecting documents, preparing and filing a statement of claim, representation in court.

Guided by the foregoing and on the basis of Article.Article. 34, 38, 39 RF IC, art. 210, 256 of the Civil Code of the Russian Federation,

PLEASE COURT:

divide the jointly acquired property of the spouses in equal shares between me and the defendant,

recognize the plaintiff's ownership of the following property:

1) A land plot with an area of ​​680 m², cadastral number _______________ located at the address: Moscow Region, ______ No. 25, with a market value of ____________ rubles;

2) Land plot of 680 sq. m., cadastral number _______________, located at the address: Moscow region, __________________________ No. 26, market value of _____________________ rubles;

3) A land plot with an area of ​​0.08 ha, located at the address: Moscow Region, ____________ "___________", with a market value of _______________ rubles;

4) An apartment with a total area of ​​116.6 m², located at: _____________________________, with a market value of _______________ rubles;

5) An apartment with a total area of ​​78.5 m², located at the address: Moscow Region, _____________, with a market value of ________________ rub.;

6) Room No. 3 with a living area of ​​15.8 sq. m. in a 3-room apartment of communal settlement, located at the address: Moscow, _________________ with a market value of _______________- rub.;

7) An apartment with a total area of ​​31.4 m², located at the address: Moscow, ________________ worth ______________ rub.

for the total cost of _____________________________ rub.;

recognize the defendant's ownership of the following property:

Land plot with a total area of ​​1485 sq. m., located at the address: Moscow region, ______________, plot No. 5 with a market value of _____________ rubles;

Residential building with a total area of ​​465 m², located on plot No. 5 in the village _____________________________ with a market value of ____________________ rubles;

for the total cost __________________ rub.,

to offset the compensation due to the defendant for the excess of the cost of the marital share allocated to me in the amount of _______________ RUB. on account of the compensation to be recovered from the defendant in my favor in the amount of ½ of the market value of the sold ______________________, namely __________________ rubles;

make a section of the total debts of the spouses in the amount of ____________ rub. (________ = ___________________) in equal shares between me and the defendant;

recover from the defendant in my favor court costs in the amount of _________ RUB. (with offset of the remaining compensation due to the defendant for the excess of the cost of the marital share allocated to me, in the amount of _____________ rubles), including:

— ______________. (offset ________ rub. out of _____________ rub.) = ___________ rub. - the cost of paying the state fee;

- ___________ rub. - ____________ rub. (offset ____________ rub. out of _________ rub.) = ____________ rub. - expenses related to the valuation of property objects (preparation of expert opinions and complex forensic examination);

- _________ rub. - _______ rub. (offset __________ rub. out of _____________ rub.) = _____________ rub. - expenses associated with the provision of legal services, namely assistance in collecting documents, preparing and filing a statement of claim, representation in court.

Application:

1. A copy of the marriage certificate.
2. A notarized copy of the certificate of divorce.
3. Copy of birth certificate ____________
4. Copy of birth certificate ______________

Plot of land No. 5 with a house

1. A copy of the Purchase and Sale Agreement (bill of sale) dated _______________.
2. A copy of the certificate of ownership of land No. __________ dated ______________
3. Copy of the cadastral plan of Plot No. 5.
4. A copy of the contract for the construction of a cottage in the village of ______________ dated _______.
5. A copy of the working draft of the water supply of the house dated _________
6. A copy of the project for connecting to gas dated _______________.
7. A copy of the working draft of the heating of the house dated ____________
8. A copy of the appraiser's report on Plot No. 5 and the house with a total area of ​​1485 sq. m. dated ___________ - 2 copies.
9. A copy of the appraiser's report on Plot No. 5 and the house with a total area of ​​1485 sq. m. from ________________. - 2 copies.

Plot of land No. 26

1. A copy of the contract of sale (purchase deed) dated ____________ for Plot No. 26.
2. Copy of the cadastral plan land plot No. 26 from ___________________.
3. A copy of the deed of transfer from ______________ to Plot No. 26.
4. Copy of certificate of state registration of rights from _____________ to Plot No. 26.
5. Copy of Report No. __________ dated ______________ for Plot No. 26, 25 - 2 copies.

Plot of land №25

1. A copy of the contract of sale (purchase deed) dated ______________ for Plot No. 25.
2. A copy of the cadastral plan of the land plot No. 25 dated ___________.
3. A copy of the deed of transfer from _________ to Section No. 25.
4. Copy of certificate of state registration of rights from __________ to Plot No. 25.

Plot of land in ST " Zarya"

1. Copy of certificate No. VL-11-15270 dated 12/30/1993.
2. A copy of the appraiser's report on the site in ST "Zarya" - 2 copies.

Apartment No. 68

1. Copy of agreement No. 68/1-K2 on equity participation in housing construction dated 08.12.2004.
2. A copy of the act of acceptance and delivery of Apartment No. 68.
3. A copy of the receipt of "Vneshtorgbank" dated 04/06/2005.
4. A copy of the permission to put the facility into operation for Apartment No. 68 - 2 copies.
5. Copy of contract No. 68/1-K2 dated November 21, 2005 for the provision of maintenance services for Apartment No. 68.
6. Copy of Report No. 42/3-02-12 dated February 28, 2012 for Apartment No. 68 - 2 copies.

Apartment No. 42

1. Copy of agreement No. 42-K2 on equity participation in housing construction dated 04/02/2003.
2. A copy of the contract for the assignment of the right to claim dated December 10, 2004 to Contract No. 42-K2 dated April 2, 2003.
3. A copy of the receipt for the incoming cash order No. 19 dated 11.04.2005.
4. A copy of the act of delivery and acceptance of the Apartment No. 42 dated 11/21/2005.
5. A copy of the act of delivery and acceptance of the Apartment No. 42 dated 04/20/2006.
6. A copy of the permission to put the object into operation for Apartment No. 42 - 2 copies.
7. Copy of Report No. 42/4-02-12 dated February 28, 2012 for Apartment No. 42 - 2 copies.

Room in shared apartment

1. A copy of the contract for the sale of the room dated 28.01.2002.
2. Copy of certificate of state registration of rights dated 08.02.2002.
3. A copy of the appraiser's report for Room No. 3 - 2 copies.

boat

1. Copy of sales contract No. 4517 dated 06/07/2004.
2. Copy of appraiser's report on Kater - 2 copies.

Jointly acquired debts

1. A copy of the receipt of the financial personal account No. 000000000000042 - 2 copies.
2. A copy of the receipt of the financial personal account No. 000000000000068 - 2 copies.

Court expenses

1. Copy of contract No. 1-1112 dated November 19, 2010
2. Copy of contract No. 75-12-n dated February 28, 2012, tasks for assessment, act of acceptance of work performed, receipt for payment.
3. Copy of contract No. 161-12-n, dated April 2, 2012, assignments for assessment, act of acceptance of work performed, receipt for payment.
4. A copy of the contract for the provision of legal services dated ________, a receipt for receiving money.

Other documents

1. Petition from daughters.
2. A copy of the decision to refuse to initiate a criminal case.
3. A copy of this application (3 copies) with attachments of documents that the Respondent does not have.
4. Receipt for payment of state duty.
5. A notarized copy of the representative's power of attorney.

Applicant __________________ Full name

Case on the judicial division of jointly acquired property for 60,000,000 rubles.

Circumstances of the case:

In marriage, property was acquired, consisting of land, apartments, cars, boats, in the amount of more than 60,000,000 rubles. For more than a year, the parties could not decide who would get what property after the divorce. In order to get the case off the ground and not miss the deadline for going to court, we were. In the course of consideration of the case repeatedly. Due to the fact that there was a possibility of the sale of property by one of the spouses, we filed a petition for the application. The court granted our request. In the course of the proceedings, our opponents provided forged documents, in connection with which, we were declared in the case. Due to the fact that the house did not have a certificate of ownership, it took. They also filed about the possible availability of data on the property. Subsequently, the parties came to the conclusion of a settlement agreement, and the long-awaited end was put in the property dispute.

Legal consultation . In accordance with paragraph 1 of Article 38 of the Family Code of the Russian Federation, the division of the common property of the spouses can be carried out both during the period of marriage and after its dissolution at the request of any of the spouses, as well as if the creditor claims the division of the common property of the spouses in order to levy execution on the share one of the spouses in the common property of the spouses.

If the value of the property claimed by the plaintiff does not exceed fifty thousand rubles, then the case is subject to consideration by a justice of the peace. If it exceeds, the case will be considered by the district court. This rule is established by Article 23 of the Civil Procedure Code of the Russian Federation.

Odintsovo City Court of the Moscow Region

Respondent:

Price of the claim: twenty-two million rubles

on the division of the common property of the spouses

Statement of claim

Marriage between us has been terminated since February 2005. We do not live together.

In accordance with paragraph 1 of Article 34 of the Family Code of the Russian Federation, property acquired by spouses in marriage is their joint property.

During the period of marriage with the defendant, the most valuable and expensive property was acquired:

1. Land plot of 12,000 sq. m., located at the address: Moscow region, Odintsovo district,

2. Residential building with an area of ​​1400 sq. m., located at the address: Moscow region, Odintsovo district,

The said immovable property is currently in the use and ownership of the defendant.

In accordance with paragraph 1 of Article 38 of the Family Code of the Russian Federation, the division of the common property of the spouses can be carried out both during the period of marriage and after its dissolution at the request of any of the spouses, as well as if the creditor claims the division of the common property of the spouses in order to levy execution on the share one of the spouses in the common property of the spouses.

In accordance with paragraph 2 of Article 34 of the Family Code of the Russian Federation, the common property of the spouses is any property acquired by them during the marriage, regardless of the name of which of the spouses it was acquired or in the name of which or which of the spouses contributed marital funds.

Therefore, within the meaning of this norm of family law, the land plot, like a residential building, is our common matrimonial property acquired with the defendant during the marriage.

In accordance with paragraph 1 of Article 39 of the Family Code of the Russian Federation, when dividing the common property of the spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

I am claiming the following of the listed property:

For 1/2 share of the land;

1/2 share of a residential building.

Guided by Art. Articles 34, 38-39 of the Family Code of the Russian Federation,

1. Carry out the division of the common matrimonial property acquired in marriage with the defendant:

Land area of ​​12000 sq. m., located at the address: Moscow region, Odintsovo district,

Residential building with an area of ​​1400 sq.m., located at the address: Moscow region, Odintsovsky district,

2. Recognize my ownership of 1/2 share of a land plot of 12,000 sq. m., located at:

Moscow region, Odintsovsky district,

3. Recognize my ownership of 1/2 share of a residential building with an area of ​​1400 sq. m., located at the address: Moscow region, Odintsovo district,

Attachment: 2 copies of the claim, a copy of the marriage certificate, copies of certificates of ownership, receipt of state duty.

professional in Moscow

The form of the document “Claim for the division of jointly acquired property of the spouses” refers to the heading “Statement of claim”. Save a link to the document in in social networks or download it to your computer.

To ________________ city court

Plaintiff: _______________________,
Address:____________________________ ____________________________

Respondent: ____________________________,
address: ________________________________

Claim price:

Statement of claim
on the division of jointly acquired property

We were married to Respondent _______________________ from _____ to ____. The marriage was annulled on ________ by the decision of the Magistrate of the court district No. ____ _____________ district.
During the period of marriage, namely in _________, we purchased a car _____________ ____, year of manufacture, state. number ____________, the amount under the contract for the sale of a car amounted to _________ rubles.
The documents for the car are with the defendant. The defendant also uses and owns the said vehicle.

In accordance with Article 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their joint property. The property acquired by the spouses during marriage (common property of the spouses) includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, allowances received by them, as well as other cash payments that do not have a special purpose (the amount of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, and others). The common property of the spouses is also movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of which or by which of the spouses the funds were deposited. The right to the common property of the spouses also belongs to the spouse who, during the period of marriage, was engaged in housekeeping, caring for children or, for other valid reasons, did not have an independent income.
In accordance with Article 38 of the Family Code of the Russian Federation, the division of the common property of the spouses can be carried out both during the period of marriage and after its dissolution at the request of any of the spouses, as well as if the creditor claims the division of the common property of the spouses in order to levy execution on the share of one of the spouses in the common property of the spouses. The common property of the spouses may be divided between the spouses by their agreement. At the request of the spouses, their agreement on the division of common property can be notarized. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the shares of the spouses in this property, shall be carried out in a judicial proceeding. When dividing the common property of the spouses, the court, at the request of the spouses, determines what property is subject to transfer to each of the spouses. If property is transferred to one of the spouses, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation. The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them. Items purchased exclusively to meet the needs of minor children (clothes, shoes, school and sports supplies, musical instruments, a children's library, and others) are not subject to division and are transferred without compensation to the spouse with whom the children live. Contributions made by spouses at the expense of the common property of the spouses in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the common property of the spouses. as well as the property acquired by the spouses during the marriage in the future, constitute their joint property.

Based on the foregoing, guided by Articles 34, 38 of the Family Code of the Russian Federation,

Carry out a section of the car __________ state. number ____________ as follows: transfer the car to the use of the defendant, and pay me compensation in the amount of ½ of the market value of the car.

Application:
1. Copy of the statement of claim.
2. Receipt of payment of the state duty.
3. Copy of the applicant's passport.

"___"______________ of the year _________________

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When a marriage is dissolved, divorced spouses very often face the need to draw up a statement of claim for the division of property. The judicial process seems to many to be very complex and confusing. How to properly apply for the division of property after a divorce, where to apply, what documents to submit - this and much more will be discussed later.

When to go to court

Sometimes spouses manage to resolve all their property issues themselves, having determined who gets what and who gets what, which allows them to avoid mutual claims. These agreements are secured by an agreement certified by a notary (clause 2, article 38 of the Family Code of the Russian Federation).

However, such a peaceful procedure for resolving issues is not always achievable, given the conflicting relations of divorcing spouses. In this case, it is inevitable to go to court with a claim for the division of property.

You can submit such an application:

• before divorce;
• Simultaneously with the dissolution of marriage;
• After the official decision to terminate family relations.

How to make an application

In order to correctly draw up an application for the division of jointly acquired property of divorcing spouses, you can use the provided sample or it is best to seek advice from a professional lawyer who will take into account all the features of your case.

When deciding to write a claim on your own, you must adhere to the following approximate form, relevant for 2017, with the mandatory inclusion of the specified information in the form.

1. The name of the court, its address.
2. Information about the plaintiff and the defendant - full name, addresses, telephones, e-mail.
3. Data about a third party, address, phone. As a rule, when dividing mortgage housing, a bank is involved in the case.
4. The price of the claim.
5. State fee amount.
6. The name of the document is "Claim Statement".
7. Description of the situation: when the marriage was concluded; whether a divorce has been filed; the period from which the husband and wife do not live together; the presence of a child; health status; spending money by a spouse is not in the interests of the family; acquisition of property using maternity capital; other relevant circumstances.
8. List of property acquired during the marriage, its value.
9. A list of what the plaintiff asks to convey to him and the defendant.
10. Listing of general family debts, also taking into account a mortgage for the purchase of housing.
11. Justification to increase the applicant's share or recognize any sole property of the spouse as jointly acquired (if necessary).
12. A demand or proposal for payment of compensation if the value of the allocated property of one of the parties exceeds the value or if it is impossible to divide any thing in kind.
13. References to the norms of the law (Art. 34, 37, 38, 39 of the Family Code of the Russian Federation).
14. The pleading part is the requirement to make a division, transferring specific property to the plaintiff and the defendant.
15. List of attached documents.

Simultaneously with the filing of a claim, in its text or as an appendix, it is possible to file petitions. For example, on the seizure of any property so that the spouse, who appears in the documents as the sole owner, could not formalize its sale or donation, or conclude another alienation agreement.

You can also ask the court to demand evidence that the plaintiff himself cannot obtain (for example, data on the defendant being registered with a narcologist, with a decrease in his share; income). It is possible to apply for an examination (construction-technical, appraisal, handwriting, etc.), if necessary.

The claim may combine the requirements for the division of property with the dissolution of the marriage, the determination of the place of residence of the child and the recovery of alimony. In these cases, the application must include the data necessary for the court to consider these issues.

Required documents

When filing a claim, the following documents must be attached to it.

1. On the payment of state duty.
2. On the conclusion of marriage and its dissolution (when filing a divorce).
3. About the birth of children.
4. Containing data on the value of real estate (certificates from BTI, Rosreestr, appraiser's report)
5. Evidence of existing total debts (credit or loan agreement, receipts).
6. Medical documents on the state of health or disability of a spouse or common child.
7. Confirming the improvement during the period of joint life of the sole property of one of the spouses to others or at the expense of common funds (specialist opinions, spending personal money).
8. Evidence of the defendant's expenses not for the needs of the family (medical documents on drug or alcohol addiction, gambling, protocols on bringing to administrative responsibility, sentences, etc.).
9. Power of attorney for a representative, with his participation in the case.
10. A copy of the claim and attachments to it for the defendant, a third party.
11. Confirming the rights to property:

• For an apartment, house, land plot - certificates, extracts from the USRR/EGRN);
• For movable things - purchase agreements (also credit), checks, receipts, other payment documents.

If claims relating to children are also made, documents substantiating them must be attached.

The price of the claim and the state duty

When preparing an application, it is necessary to determine the price of the claim. It consists of the total value of the property that the plaintiff asks to transfer to his ownership. Thus, the price of not everything jointly acquired by the spouses during the marriage is taken into account, but only the share of one of them.

To determine the value of real estate Art. 91 of the Civil Procedure Code of the Russian Federation their requirements. The calculation is based on the following types of assessment:

• Inventory (according to BTI);
• Cadastral (contained in Rosreestr);
• Market (determined by a specialist appraiser).

What will be the price of other things, the plaintiff can find out on his own, based on the relevant documents issued upon their acquisition.

From the received price of the claim is payable. It is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation. This order is also valid for 2018. If a receipt of payment of the fee is not attached to the claim, the documents will not be accepted by the court for consideration and must be returned to the applicant.

Which court to apply to

When the plaintiff asks to allocate property to him, the value of which is not more than 50,000 rubles, the application must be carried to the justice of the peace. For larger amounts, you must apply to the district court.

The claim is filed at the defendant's address. There are exceptions to this rule.

1. When claims are made for the recovery of alimony or divorce, while the minor child lives with the plaintiff, it is allowed to submit documents to the applicant's address (Article 29 of the Civil Procedure Code of the Russian Federation).
2. If the property includes real estate, it is possible to go to court at the address of its location (Article 30).

In these cases, the plaintiff independently decides where to apply - at the place of his residence or the defendant.

If only, for example, a house or apartment is subject to division, the application must be submitted exclusively to the court in the territory where this object is located.

Limitation of actions

When applying after a divorce, you need to remember that the law establishes a specific period for protecting the rights of divorced spouses.

Paragraph 7 of Art. 38 of the Family Code of the Russian Federation determines that the limitation period for this category of cases is three years. It is subject to calculation not from the date of official registration of the divorce by the registry office or the court, but from the day when the plaintiff became aware that his rights to property jointly acquired during the marriage were being violated by the other spouse.

If this period is missed, if the defendant declares this when considering the dispute, the claim will be dismissed without the usual judicial procedure for considering the case and examining evidence (Article 199 of the Civil Code of the Russian Federation).

Claim procedure

After accepting the claim, the court sets the date of the meeting, for which the plaintiff and the defendant are summoned. The failure of any of the said persons who received the summons to appear, without good reason, does not prevent the consideration and resolution of the dispute.

The court hears each of the parties, their arguments, accepts and attaches to the case documents relevant to the consideration of the dispute.

The defendant, in case of disagreement with the claim, may present his objections. You can report them orally or by attaching to the case as a written document.

If the plaintiff or the defendant, in order to confirm his position, needs the court to hear other persons, it is necessary to file a petition to summon and interrogate witnesses. It must be delivered orally or in writing.

You can bring witnesses yourself by the specified date or ask the court to summon the listed persons by sending them subpoenas.

If it is necessary to conduct an examination in the case or to demand evidence that interested party cannot receive it on its own, an application for this is made orally or in writing.

As a rule, such cases are considered for more than one month and require several court hearings.

After hearing the parties to the dispute, examining all the evidence, the court gives the plaintiff and the defendant the floor in the debate, after which it retires to the deliberation room. Only its operative part is announced, that is, what the court specifically decided on the stated claim.

Counterclaim

If the defendant does not agree with the option of dividing the property proposed in the claim, he can offer his own. This must be filed as a counterclaim, which is filed before the court leaves the deliberation room (Articles 137, 138 of the Civil Procedure Code of the Russian Federation). At the same time, from the value of the property according to the defendant's option, you need to pay a state duty.

The court simultaneously considers the initial and counterclaims, makes decisions on both applications.

settlement agreement

If, during the trial, the former spouses were able to independently agree on the division of property, they can conclude an amicable agreement (Article 39 of the Civil Procedure Code of the Russian Federation).

In this document, it is possible to establish any order of distribution of common property that suits both parties. The court approves the settlement agreement. After that, it is binding on the former spouses, has the force of a court decision.

If any of the parties does not comply with or violates the settlement agreement, it is possible to enforce it through bailiffs.

Appeal

After the decision is made by the court, the party that disagrees with it has the right to appeal (Article 320 of the Civil Procedure Code of the Russian Federation).

You can do this within a month. It is calculated from the next day after the decision is drawn up in a reasoned form (within 5 days after the announcement).

The complaint is filed with the office of the court that made the decision.

The justice of the peace, unlike the federal one, does not have the obligation to draw up the full text of the decision (paragraph 3 of article 193). To do this, you need to submit a written application for the preparation of a reasoned decision. It is better to do this immediately after its announcement.