The decision to divorce is not easy. It can be even more difficult to implement, especially if children are born in the marriage or valuable property is acquired. Sometimes couples just don't know where to start.
This article offers a step-by-step divorce plan with the division of property.
Methods for dividing property
In the article “Division of property in a divorce”, we mentioned that there are several ways to divide property:
- Negotiable. The spouses come to a compromise and draw up their agreements in the form of a written document - the Agreement on the division of property;
- Law. Spouses entrust the issue of property division to the court, which makes a decision in accordance with the law - as a rule, it divides everything in half.
It should also be noted that it is absolutely not necessary to divide the property directly during the divorce proceedings. As a rule, consideration by the court of a claim containing both requirements for divorce and division of property is very delayed. Sometimes it is more expedient to get a divorce first (through a court or registry office), and then file a separate claim for the division of property. Or vice versa - to divide the property while still married (for example, by concluding a marriage contract). And then get divorced.
Division of property by contract
Even if the preservation of the family is not possible, disputes in the process of divorce and division of property can be minimized. For example, peacefully agree on who gets what property.
All agreements reached must be included in a written document - the Agreement. For this document to have legal force, it must be notarized. The terms of the Agreement are binding on the husband and wife.
In order to avoid mistakes in the process of division and drawing up an appropriate agreement, seek the advice of a lawyer.
Division of property in court
Unfortunately, it is not always possible to reach an agreement peacefully. Therefore, it is necessary to divide the property in court. As mentioned above, this can be done not only at the same time as the divorce, but also before or after the dissolution of the marriage.
In any case, the first step will be to draw up a statement of claim and prepare a package of documents for going to court.
Statement of claim
If the division of property occurs simultaneously with the divorce, the claim contains several claims. In addition, the claim must contain the following information:
- Name of the court;
- Data of the plaintiff and defendant (last name, first name, patronymic, place of registration, contacts);
- The price of the claim (the value of the common property to be divided);
- Circumstances on which claims for divorce and division of property are based;
- Evidence of the above circumstances;
- Claim;
- List of documents attached to the claim;
- The date the claim was filed;
- Signature.
The statement of claim for the division of property must contain a list and a detailed description of the property acquired in marriage. It is necessary to indicate which property is personal and which is joint property. In addition, you must specify the estimated value of the property. An assessment is necessary not only to calculate the amount of the state duty, but also for the correct and fair division. After all, some types of property (house, apartment, car) cannot be divided equally. In such cases, the court determines the amount of monetary compensation based on the appraised value of the property.
The statement of claim must contain all information of essential importance. For example, a marriage is concluded / terminated, the presence of minor children, the existence of a marriage contract.
For more information about the statement of claim for the division of property, see the article "The statement of claim for the division of property in the event of a divorce of spouses."
Documentation
Perhaps no less important than the preparation of a statement of claim is the stage of collecting documentation. Your task is to find documentary evidence of the right of joint or personal property. property on all property that is acquired during family life and will be divided in court. It can be:
- Title documents (certificate of inheritance, privatization, contract of sale, donation, exchange);
- Purchase receipts, bank payments and statements, checks, receipts, loan and deposit agreements;
- Registration documents for real estate, land, cars;
- Appraisal documents that confirm the value of the property (cadastral documents of Rosreestr, inventory documents of the BTI, an act of assessing the market value);
- Other Documents.
Try to stop your spouse's possible attempts to hide or destroy certain documents, as this will deprive you of evidence and complicate the trial.
Filing a claim with a court
The last step is to go directly to the court.
- If the price of the claim is below 50 thousand rubles, you can apply to the world court.
- If the price of the claim is more than 50 thousand rubles, you will have to apply to the city or district court.
Which court? As a general rule - at the place of residence of the defendant, but if the property contains real estate and other valuable property - at the location of the property. And if the plaintiff has minor children, he has the right to apply to the court at his own place of residence.
Divorce proceedings and the process of division of property do not necessarily have to be considered by one judge and even in one court!
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