On the division of property, taking into account the interests of minor children on the basis of the Family Code. Division of property, if there are children Interests of the child Division of property of spouses

In any divorce case, children suffer the most. Not only do they often have to, which is generally unthinkable for a child, in whose eyes both are almost gods. But this is not enough for parents blinded by anger and resentment: children are manipulated in the courts as best they can, choosing the most plausible ways.

Someone is trying to sue himself more, citing the presence of children, someone is trying to take everything in general, again, “for the good of my child.” Only now the kids themselves will never understand: why mom and dad swear so viciously and why they are all in a big building, and not at home.

Percentage of children

From the point of view of the law itself, the share of children in the division of joint property is taken into account if it was originally issued to the child. Here the division of property occurs in a slightly different way. By law, when dividing, the law does not oblige to take into account the interests of children in an unambiguous manner. Our judicial system is built not only on “bare” laws, and therefore amendments to the articles are constantly being made.

The Family Code, as the most complex, has many reservations regarding the interests of young children. There are several amendments, according to which the interests and needs of the child and mother are still taken into account in the division. However, it is necessary to have good reasons for this and be able to confirm them in court.

When can the court deviate from the equal division of acquired property

The Judicial Collegium of the Supreme Court of October 14, 2010 gave a definition that allows courts to derogate from equal division in favor of minors.

However, this must be seriously justified and confirmed by weighty arguments that the court must provide in its decision. When it happens The court has the right to make a decision taking into account the interests of children on the following grounds:

During the entire marriage, the spouse (a) did not bring income to the family, did not support children, in every possible way avoided and evaded the proper performance of duties;
Spent funds received from the sale of other joint property, without the consent of the second spouse for the sale and distribution of material resources;
The spouse with whom the children remain cannot work and receive a legitimate income for a good good reason.

These three reservations are the only possible grounds for the division of property to be carried out in unequal shares.

It should be noted that such a decision is rarely made by the court, more often the spouse is assigned a certain amount of maintenance from the former spouse. In this case, the section proceeds in the usual way. In order to get a larger share, it is necessary to provide solid evidence based on official documents: extracts, expert opinions, certificates confirming the regular waste of the second spouse.

Typically, such sections last for more than one month and become the subject of more than one hearing. It is impossible to predict the decision of the court in such cases, since no one knows how valid the court will consider these reasons.

How, according to the law, is the apartment divided during a divorce, if the wife is the owner?
How to divide an apartment during a divorce, if the owner is a husband or wife, if there are children
How is the division of the apartment in a divorce
Division of property after divorce, if the husband is the owner: apartment

How is the property divided in a divorce? Thus, the property is divided if the court does not establish another division, or if there is a marriage contract. prescribing special conditions. When dividing an apartment, the following factors should be taken into account: When the property was purchased; Who is the owner; Are the children owners; How was the privatization carried out; Having a mortgage.

Division of the apartment during a divorce, if there is a child

Attention

Maternity capital If an apartment is purchased with maternity capital, the child, along with the parents, becomes the owner of part of it.

The size of this part is not established by law. Parents independently decide what share he will have in the purchased apartment.
Also, as in the first case, a minor is limited in the right to dispose of up to 18 years.

Important

Privatization A child, regardless of age, may be recognized as a participant in privatization.

To do this, he must permanently live with the persons to whom the apartment is transferred into ownership.

Children under the age of 14 participate in privatization through their parents or guardians.

After the age of 14, a citizen independently decides on participation in the privatization procedure.

The law obliges adults to include underage citizens in a privatization agreement, thereby giving them the right to a share in this property.

How is the property divided in a divorce?

Info

What can be shared When buying an apartment in marriage, it is a common joint property, in fact, like any other jointly acquired property.

A privatized apartment is subject to division, the owners of which may be: as both spouses; so is one of them.

When dividing an apartment, it is necessary to evaluate the apartment at market value by inviting an expert from a real estate company for this.
Allocation of shares in kind and determination of the procedure for using housing When allocating a share to a participant in common property, the plaintiff has the right to receive a certain part of the residential premises, according to his share, while losing ownership of part of the rest of the common property (Article 252 of the Civil Code of the Russian Federation).
Establishing the procedure for the use of residential premises, the co-owner: is transferred to a part of the housing, which corresponds to his share in the common joint property; but the right of ownership in such a case does not cease. Art.

Division of an apartment during a divorce, if the owner is a husband

If the family has 2 children, the purchased property will be divided into 4 parts - for each family member.

Parents can only raise the issue of dividing their shares during a divorce.

If the apartment is designed for a child, then it will not be subject to division at all.

More often, the object is given to children by voluntary agreement as a gift, so as not to pay alimony.

Such a decision must be reflected in the document that is submitted to the judge.

The court will check whether the rights of the children are observed, and then the division of property continues, taking into account the provisions of the agreement.

If the property is mortgaged Not only the acquired property is divided equally, but also the debts of the family.
A debt obligation can be transferred if the person who issues the loan agrees to this.
This is stated in Art. 391 GK. If the credit firm does not agree, the responsibility for paying the loan will not be shifted to one spouse. Judges also take these into account.

How to share an apartment during a divorce if you have children

If this does not happen on a voluntary basis, then the court can decide the issue.

If the wife at the time of privatization of the apartment was not registered in it, then the wife, who is not the owner, does not have the right to a share of living space during a divorce. The husband has the right to dispose of the apartment at his discretion. If the wife is not the owner and did not participate in the privatization process, but at the time of privatization she lived in the apartment or was registered there, then she can live there permanently, that is, she cannot dispose of this apartment, but has the right to use it. However, the husband, being the owner, can dispose of this apartment at his own discretion, for example, sell it, but the wife continues to retain the right to use the apartment.
How is the division of the apartment, where there is a child's share In all these cases, the child's share in the property is not subject to division when the parents divorce.

However, the apartment can be sold or shared with one indispensable condition.

They are obliged to provide the child with similar square meters in other real estate, or include him in the list of owners of newly acquired housing. These actions are carried out only with the consent of the guardianship and guardianship authorities. Otherwise, all transactions are void and canceled in the prescribed manner. Property issues affecting the interests of children are decided by the court. The same applies to the division of the apartment in a divorce. In general, the litigation proceeds according to general rules. With only one exception, that representatives of guardianship and guardianship authorities and the prosecutor's office are involved in the participation.

Forbidden

That's just to sell housing, in the right of common shared ownership of which there is a share of the child, will not be so easy! When the parents decide to sell the disputed apartment with a counter purchase or exchange housing, in the new house the minor must receive as much (or more) square meters in the property as he had before the exchange.

If the new apartment is smaller than the previous one, the solution may be to increase the share of the child in it.

Moving from a modern apartment in a metropolis to a village house may raise questions from the guardianship authorities in terms of the appropriateness of such an exchange.

In this case, parents should submit proof of improvement in living conditions (documents on a larger area of the house, confirmation of its improvement, doctor's recommendations on climate change for the child, etc.).

Dividing an apartment during a divorce

The judge will consider:

how much does an apartment received by inheritance cost;
Has the repair been carried out?
whether the living space expanded;
Have you purchased new plumbing?
whether the value of the object has increased.

The spouse will have to prove that he invested in housing.

We need checks, a bank statement, which will prove the cost of repairs.

It is also worth having an assessment of the condition of the living space in case of donation and divorce.

A spouse can receive a share of the apartment (but not always) if:

the donation agreement was drawn up with errors and inaccuracies;
the owner of the premises is incompetent;
the donor was not legally capable when donating housing, which means that the transaction will be invalidated;
the apartment was in poor condition when donated, but in good condition when divorced.

If there is a municipal apartment There are cases when spouses live in a municipal apartment.

In a divorce, how is the apartment divided if the owner is a wife

Once the shares have been determined, there are several options:

Sale of real estate and division of money between spouses according to shares;
Exchange of housing for two independent objects;
Transfer of the object to one spouse, subject to the transfer of compensation to the second;
Cohabitation with the definition of the procedure for using the apartment;
Allocation of shares in kind, if feasible.

In more detail, all possible options for the section and its order are reflected in a separate publication.

Property acquired for children or registered in their name is not subject to accounting when dividing jointly acquired assets.

These are their personal belongings and it does not matter which of the spouses acquired this property and with what funds. Do children count when dividing an apartment? The presence of children is a circumstance that is always taken into account when dividing an apartment.
How an apartment is divided during a divorce if there is a child If the spouses have small children, the following housing division options are available to them:

Sale of real estate with the payment of proceeds to spouses in proportion to their shares - provided that the money is enough to buy another home, the area of \u200b\u200bwhich will be sufficient for the child to live in it. If the child was the owner of the sold apartment, the number of square meters belonging to him should not decrease as a result of the division, as well as the share in the property;
Exchange of housing - subject to the above condition and maintaining all the legitimate interests of the minor;
Registration of real estate in the sole ownership of a husband or wife with the payment of monetary or property compensation to the second owner based on the size of his share.

How is the apartment divided during a divorce if the children are the owners

Please note that there are additional costs when reissuing an agreement. If an apartment was bought, for example, with a military mortgage, and maternity capital funds were used, the section involves dividing the premises equally among family members.

Liabilities are also divided between the spouses in equal parts.

Privatized or not In accordance with Art. 2 of the Federal Law on privatization, persons can privatize real estate into common shared ownership. So, if the object is privatized before the marriage was concluded, only one spouse can receive a share of the premises. Such property is private and cannot be divided upon divorce. It is possible to divide an apartment only if both spouses participated in the privatization, being already married.

How is the apartment divided during a divorce, if the owner is the husband and there is a child: If the owner of the home is the husband, the wife is not the owner and does not have her own home, but they have joint minor children who remain with their mother, then a court decision can be made on the division of the apartment in favor of his wife.

Division of property in a divorce - an apartment in a mortgage The division of an apartment in a mortgage in a divorce is a rather complicated situation.

The section of residential real estate already has many nuances, and the presence of a mortgage adds additional complexity.

If the apartment was bought with a mortgage during marriage, then it is a jointly acquired property, which, according to the general rule, is divided in half between the spouses.

The presence of an outstanding mortgage means the presence of financial obligations to the bank, which, upon divorce, are also divided equally between the spouses.

Divorce is often aggravated by property disputes. But the situation is even more aggravated by the presence of children. Their interests must come first.

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How is property divided in 2020 when a couple with children in common divorces? According to statistics, more than half of marriages in Russia break up.

And many families have at least one minor child. The practice of concluding marriage contracts among Russians has not yet taken root.

Therefore, joint property has to be divided in court. How is the division of property during a divorce in 2020 if there are children in the family?

General points

The procedure for the divorce process in Russia is determined by family law, the basis of which is.

It is this document that answers the questions of how to properly divide property, what is considered common property, and what is personal.

Jointly acquired, that is, acquired during the years of marriage, property includes:

any income of the spouses, whether from wages or from business;
movable and immovable property purchased during marriage;
any cash to commercial organizations.

But not all property acquired in marriage is determined by common property. Thus, the following cannot be counted as jointly acquired:

property acquired by one of the spouses by inheritance or as a gift;
property purchased with personal funds earned before marriage;
personal items;
payments intended for specific expenses;
property owned by a minor.

Divorce can be carried out through the registry office or in court. Usually, marriages are dissolved in court when property disputes take place.

But if there are minor children, there is no choice, since the only possible option is the dissolution of the marriage by the court.

At the same time, it is determined with which of the parents the children will live and how the property should be divided.

Basic concepts

Divorce is the official termination of a marriage. After that, any obligations between the former spouses are terminated, except for those relating to common children.

Consequently, the common property is also divided. According to the current legislation, the shares of the spouses in the joint property are equal, which means that everything is divided in half.

At the same time, there is the possibility of division at the request of the parties. In this situation, the spouses decide on their own who gets what after the divorce.

The agreement is sealed. The absence of property disputes allows you to get a divorce through the registry office, but only in the absence of children.

If there are common minor children, the marriage is terminated exclusively by the court.

If there is an agreement on the division of property, the court checks to what extent the interests of the children are observed and confirms the divorce by its decision.

Another thing is when the spouses cannot come to a consensus. In this case, it is the court that determines the share of each spouse in the common property.

Moreover, the share of one spouse can be increased if, by a court decision, children remain with him.

Permissible Reasons for Divorce Proceedings

From a legislative position (), the grounds for termination of marital relations are:

death of one spouse;
unilateral application;
joint statement.

That is, only the desire of the parties or circumstances can become grounds. As for the reasons, these may be:

differences of opinion;
incompatibility of characters;
unpreparedness for family life;
bad habits;
adultery or violence;
material difficulties, etc.

But in official documents, which is a statement, you will not indicate the narrow-minded formulation of the reason. How to justify the reason and whether it is necessary to indicate it?

With mutual consent, the reason may not be indicated at all. If one of the spouses is not set up for a divorce, then the second will have to argue the basis for terminating the marriage.

At the same time, the main thing is to convey to the court the impossibility of preserving a full-fledged family.

It will depend on the correct justification of the reason with whom the court will leave the children, whether the period for reconciliation will be determined, how the property will be divided.

The most compelling reasons are usually:

The legislative framework

Joint matrimonial property can be divided both during divorce and during marriage. It is possible to divide the property by agreement, having certified such in a notarial order.

In property disputes, the share of each spouse is determined by the court (). In the process of division of property, the court first of all determines the composition of the common property.

In doing so, the predetermined rules of law are respected:

Dissolution of marriage in court begins with the filing of a statement of claim in the court at the place of residence of the defendant.

But there is also such an aspect when one of the parents refuses his part of the property, subject to the official refusal of alimony.

Children over 18

When common children have already reached the age of majority, the divorce procedure is greatly simplified. First of all, there are no disputes about children - the determination of their place of residence, the payment of alimony.

In such a situation, divorce is quite possible through the registry office. It is necessary to agree on the division of property peacefully and file a joint application for divorce.

A court decision is required when one of the spouses does not want a divorce or fails to agree on the division of property.

The common property is then divided in half. Is property divided in a divorce among children who have reached the age of majority?

Adult children do not participate in the divorce proceedings, because they do not have the right to their parents.

But parents do not have the right to the property of their children (). A separate consideration requires the situation when an adult child is disabled.

Such a child has his obligatory share. This is not subject to division and is transferred to the parent with whom the child will live.

When the owner is the husband (wife)

The ownership of a particular property is established at the stage of determining the composition of the property.

By default, all the property of the spouses, acquired by them in a legal marriage, is common. It does not matter, for example, that the husband worked and the wife was a housewife or vice versa.

Any income of the spouses, and hence the property acquired with their help, is considered common. But there is an exception when some object is not subject to redistribution.

For example, this is property acquired before marriage, donated or inherited during marriage.

Minor children are an opportunity to slightly increase their share in the division of jointly acquired property. By law, this rule does not apply, however, nevertheless, an increase in the share may be at the discretion of the court.

General information

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With a peace agreement, the spouses can independently decide on the possibility of transferring property.

Moreover, they can jointly use property that is not yet subject to division. All this is written in the document. The rest is distributed among them.

An oral agreement is also possible, but subject to the voluntary agreement of the spouses.

Law

Regulates the division of property upon divorce in the presence of minor children in 2020 Family and Civil Code.

Articles 37, 36, 38 and 39 of the IC of the Russian Federation stipulate the main issues regarding division, including:

order;
the possibility of pre-trial settlement of the conflict;
the cost of the state fee.

Division of property in the presence of minor children

The division of property in the presence of minor children is no different from the standard procedure.

Jointly acquired

The presence of children does not affect the procedure in any way. They are not entitled to a share of the jointly acquired property.

The court does not take into account the presence of a minor child as an argument for increasing the share.

But if the child is entered during privatization, then he has the right to request his share. Then there will be a division bypassing this territory.

If the mother has nowhere to live with the children, then the judge also takes the side of the mother and increases the share to be received.

What is shared and not shared?

There is a certain list of indivisible property.

And you can share almost all jointly acquired property during the marriage. That is, it can be deposits, bonds and securities, movable and immovable property.

Can't Share:

if one person is registered in the will;
children's property and personal belongings of the parties;
donated property;
privatized apartment for one person;
rental, service or municipal apartment.

Definition of shares

By law, each spouse must receive half of the jointly acquired property.

But if the division of property takes place under a peace agreement, then perhaps in unequal proportions. Depending on the agreement of the parties.

Real estate

Also divided between spouses. But if it is privatized for one person, then it cannot be transferred by ownership.

If the child participated in privatization, then his share automatically remains. But the rest is distributed between the spouses in equal proportions.

There is a right to redeem a share if it is impossible to live together.

Then the spouse has the first right of redemption to this territory at the presented price.

Loans

Divided between spouses in the same way. That is, loans taken during the marriage must be paid by both spouses, regardless of the transitional property.

But if a person took a loan before marriage, then the second should not pay. But this needs to be proven. Similarly, it happens if the loan was taken during the marriage, but was spent on its purpose.

You can return the amount paid for someone else's debt by filing a claim and documents confirming this fact.

Timing

You can file a claim at. At this time, there is protection of the interests of the applicant.

The term is 3 years. At the end of the period, the person will no longer be able to claim the property.

But it is possible to renew the deadline if there are good reasons for missing and the relevant documentation.

Procedure

Before submitting documents, you must follow the procedure.

List of documents

For the division of property, you will need to provide:

statement of claim;
legal certificates;
parties' passports;
documents confirming a unilateral purchase;
receipt of payment of state duty;
other documentation.

Claim Form

The statement of claim is filed with the district court at the place of registration of the defendant.

The document contains the following information:

name of company;
information about the applicant and the defendant;
a list of attached documents and a list of jointly acquired property with an assessment;
signature, date and full name of the applicant.

Can an agreement be made?

There is a possibility of concluding an agreement if the spouses are ready to meet each other halfway and reveal their share.

Then you don’t even have to certify the document, it’s enough to put your signature on each sheet as confirmation. This will allow you to prove your case in court.

If the children are adults

If the children are adults, then they cannot claim property at all.

They will receive property only upon the death of one of the parents through the inheritance procedure.

An exception is an adult child included in the privatization procedure. Then he reserves the right to own a share, and everything else is distributed between the spouses.

Arbitrage practice

Judicial practice shows that almost every second person applies to the courts to resolve this issue.

The court always resolves the issue in accordance with applicable law and divides the property equally.

Therefore, in order to increase the share, it is necessary to provide as many supporting documents as possible on the deterioration of the financial condition and title documents for jointly acquired property.

On the video about the division of property in the presence of children

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The division of marital property is a special legal procedure. It is in the course of it that it is determined how all acquired property will be divided between the former spouses after the divorce. As a general rule, only jointly acquired property, that is, that which was acquired or received during the period of marriage, is subject to division in equal shares. The court has the right to depart from the rule of equality of spouses only in the interests of minor children.

What are the nuances of the division of property if there are minor children?

The main features of the division of property of spouses, if there are minor children

The procedure for dividing the property of the spouses is not tied to the moment of divorce, so it can take place both before and after it. However, in practice it often happens that a case related to the division of property and the issue of divorce are considered within the framework of one trial.

At the same time, the spouses are not deprived of the right to file a divorce suit and a claim for the division of property, taking into account the interests of the children, separately.

According to part 4 of Art. 60 of the RF IC, children do not have any property rights regarding the property that belongs to their parents. Undoubtedly, the child can use it by mutual agreement with them, but he does not have the right to dispose, which, in fact, is meant by property. Therefore, minor children do not participate in the division of the property of their parents.

Judges, conducting such processes, are usually guided by the legal principle of equality of shares of spouses, that is, property is divided in half. However, when divorcing children, this rule has an exception, so it is especially important to know how property is divided if any.

Important! Protecting the property rights of the child, guided by Part 2 of Art. 39 of the RF IC, the court may deviate from the above principle and determine one of the spouses (as a rule, with the one with whom the child will live) a larger share than the other. The share is allocated to the spouse, and not to the child, and this decision is due only to the interests of the minor.

It is important to understand that the application of this rule is not the duty of the judge, but his right, which he uses depending on the specific situation. Undoubtedly, the interested party has the right to independently declare the corresponding requirement at any stage of the process.

At the same time, the child has and retains after the divorce of his parents the right of ownership to those things that were purchased by his parents: clothes, toys, household appliances, furniture for the children's room, etc. If the property subject to registration was registered in the name of the child - real estate, vehicles, etc., then they also remain with the minor and cannot be divided by the parents.

Are children included in the division of property?

The current legislation gives the court the right to increase the share of one of the spouses, if it is necessary to protect the interests of a minor child.

The following common situations can be cited as illustrative examples of increasing the share in the property of spouses:

Exemption of the ex-wife from paying compensation for the excess value of a share in property if she is on maternity leave and one or more children remain with her.
Recognition of the preferential right to housing with a reduction in the amount of compensation that a wife must pay to her husband in cases where this housing is the only one suitable for children.
An increase in the share by transferring a car if the wife has the right to drive it and she needs a vehicle to care for a sick child.

This is only a small fraction of the possible scenarios for the development of events in the division of property by spouses who have common minor children.

As for the property directly belonging to the child, it does not participate in the division between the parents. Here is a short list of the property that, as a rule, young children can own:

Personal items (clothes, shoes, toys, books, educational supplies, furniture in the children's room);
Bank deposits in their name, regardless of the depositor;
Real estate, including shares in the right.

All this property is transferred to the disposal of the parent with whom the child will live. With all this, the second spouse is not entitled to demand any material compensation even if this property is subsequently sold.

Note! In order to ensure the protection of the property rights and interests of the child, the state controls all transactions made by parents on behalf of minors aimed at the alienation (sale, exchange, donation) of their real estate.

In addition, when deciding on the division of property used by minors, the court involves the guardianship and guardianship authorities to monitor the proper observance of their interests.

In other words, parents should know how the interests of children are taken into account so as not to find themselves in a delicate situation, because without the permission of the guardianship and guardianship authorities issued in the prescribed manner, it is impossible to sell or exchange real estate owned by the child.

Challenging the right of ownership of a child in the division of property

However, situations often arise when one of the parents disputes the minor's ownership of this or that property and asks the court to include it in the general separate mass, arguing that it was acquired with common, family funds and was not bought for the child.

The apparent validity of this requirement comes from the fact that there is a certain legislative gap in the question of what exactly is considered his personal belongings. However, paragraph 3 of Art. 60 of the UK states that under the property of the child, among other things, should be considered things received by him as a gift. As you know, a donation agreement can be concluded both in writing and orally.

IMPORTANT: A spouse who declares that a child belongs to one thing or another should be concerned in advance with the question of proving this fact.

How to divide property in a divorce if you have children

The law determines that in the presence of minor or minor children, spouses can divorce only in court. The division of property is not tied to such restrictions, and therefore can be done in two ways:

section by agreement;
partition through the judiciary.

By agreement

The conclusion of such an agreement is the best option, excluding the participation of third parties in this process. In addition, the division of property in the framework of litigation is a lengthy and expensive procedure, and the existing compromise between the spouses will help to avoid unnecessary bureaucratic and procedural delays.

In the agreement, the spouses themselves have the right to determine how the property will be distributed, including taking into account the interests of the children.

It can also prescribe the procedure for monetary compensation to another spouse if the property cannot be divided. The legislator is very loyal to the possibility of disposing of jointly acquired property by the spouses, so the document can reflect any options that suit them.

Important! The agreement should clearly state the property that cannot be divided, being the property of the child, but only in relation to those things that are not officially registered with the minor. To put it bluntly, it makes no sense to reflect an apartment issued to a child in an agreement, but personal belongings are worth mentioning as belonging to a minor family member.

The document itself must contain the following items:

Date and place of his conclusion;
Full name and passport details of the spouses, their addresses;
Information and details of the document on marriage;
A detailed and complete list of jointly acquired, common property;
List of property not subject to division;
Features and procedure for the division of property;
Spouses' personal signatures.

It is worth noting that the document may contain additional items, depending on the specific situation.

The agreed document must be certified by a notary. Without notarization, it has no legal force.

The spouses can draw up an agreement and divide the property either independently or by contacting a qualified lawyer for help, or in the notary office itself.

The method of division of property chosen by the spouses by agreement should not violate the interests of the child. Example: The only housing for a minor is transferred to the husband, and the child himself is discharged from it and lives with his mother. If the living conditions with the mother are an order of magnitude worse than those in which the child lived previously, then this agreement can be challenged through the court, recognizing it as violating the rights and interests of the minor.

Through the court

Despite all the advantages of out-of-court division of property, the vast majority of spouses cannot agree on this on their own, and therefore go to court with a similar problem.

The court may divide the property at the initiative of one of the spouses, expressed by filing an appropriate statement of claim. This process can be considered by the court together with the application for divorce, or outside of it.

In accordance with the norms of the law, disputes about property with a claim value of up to 50 thousand rubles are considered by justices of the peace. At a higher price of the claim, the case is considered by the district or city (depending on the type of municipality) court of general jurisdiction.

The price of the claim should be understood as the total value of all property that will be subject to division.

Drawing up a claim

The text of the claim must contain:

basic information about the plaintiff and defendant;
the subject of the dispute;
a list of property subject to and not subject to division;
information about minor children and property belonging to them by right of ownership, if the second spouse applies for its division;
claims addressed to the court;
date, signature, applications.

What is learned in a court session?

The parties to civil proceedings have the right to participate directly in court hearings and act through a representative.

During the consideration of a claim for the division of property and if the spouses have minor children, the court will find out the following points:

Who will be involved in the upbringing of children in the future and what property will be extremely necessary for this;
Consumption of property by spouses - the court analyzes how the spouses spent jointly acquired real estate, money, etc. If facts of squandering, gambling and other negative circumstances are revealed, the size of the share of the spouse convicted of these actions may be reduced in the interests of a minor child remaining with other parents;
The composition of the property to be divided is determined, with the exception of things and objects belonging to the child.
When deciding on the division of housing, it turns out whether the parent with whom the child remains has suitable housing if the second spouse claims ownership of the family's only living quarters.

There are no universal rules for the division of property taking into account the interests of children, except that any actions for the division of property should in no way infringe on the interests of children.

If there are doubts that the interests of minors will not be violated, the court has the right to involve the body of guardianship and guardianship in order to monitor the observance of the interests of the child.

IMPORTANT: Part of the property may be recognized as necessary for the child, even if it was once acquired for the needs of the family as a whole. For example, a laptop that was bought for a family, but eventually transferred to a child for study purposes. In this case, the spouse with whom the child remains has the right to demand the exclusion of this property from the total mass to be divided.

If the children are adults

The age of majority is the attainment by a citizen of the age of 18 years. As a rule, it is at this age that the child acquires, by virtue of the law, full civil capacity, that is, he has the right to acquire certain rights on his own behalf, dispose of them, and bear responsibility for his obligations.

Until the age of 18, a citizen is not fully capable (except in cases of emancipation). However, in some cases, for example, in the presence of certain diseases, the legal capacity of a citizen may be limited and completely lost, despite the fact that he is already an adult.

The presence of adult, capable children in no way affects the procedure for the division of property belonging to their parents. In addition, the property of an adult child is also not subject to any distribution between his parents.

However, if there is an adult incapacitated child who is dependent on one of the parents, from the total mass of property there is a division of that part of it that is necessary for the adult for the purpose of his life support, and is transferred to the disposal of the spouse on whose maintenance he is.

Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site
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