Division of property if there are children. The procedure for dividing property if there are minor children How children are taken into account when dividing property

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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.

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The process of the collapse of the family, as a rule, is burdened not only by the moral suffering of one of the parties, but also by the need to divide the property. Husband and wife, immersed in their experiences, do not think about the little things and nuances of the process, but it is not so simple. The Family Code of the Russian Federation (SC) quite rigidly answers the question of how property is divided during a divorce if there is a child. The content of this law is based on a rather pragmatic logic of the state. First of all, it takes care of the children. Let's see how to share the good, so as not to break the law and not suffer.

What is divided in a divorce

Article 34 of the UK provides an approximate list of what is subject to division. These things and incomes are called as follows: jointly acquired property. Almost all material values that came into the possession of partners during the operation of marriage bonds belong to this category. This, according to the law, their common property.

In particular, it will include without fail:

almost all the couple's cash receipts, with the exception of targeted ones;
acquired during the existence of the marriage:
- valuables;
- real estate;
- shares and the like;
investments made in the same period in commercial enterprises.

Attention: if there are adult children, then the family is often provided with subsidies from the local or federal budget. These payments are targeted, since their purpose is material support for minors.

In addition, they do not divide targeted payments in the name of one of the partners with a specific purpose. For example, if a person was injured at work and receives benefits from the FSS, then it will not be included in the property.

Not all items are included in the list per section. Thus, according to article 36 of the UK, the division of property does not concern the individual property of each of the partners. It is customary to include:

items:
- (if there is confirmation);
- received as a gift (under the same conditions);
clothes, shoes and the like;
medicinal and rehabilitation means of the disabled.

Attention: property during a divorce, if there is a minor child, is studied from the point of view of his property rights.

As already mentioned, the state primarily cares about children. This led to the appearance in the UK of another article on their property rights (60th). It prescribes the division of property in a divorce to be carried out taking into account their interests.

Children's property includes:

personal belongings purchased for minors;
gifts of any value;
inheritance.

Important: a divorcing couple does not have the right to claim those things owned by a minor.

According to the paragraphs of the UK, each member of the family can have their own property. Moreover, the nursery is often controlled by adults, but they have no right to claim it. This is one of the axioms of family property law, arising from the current regulatory legal acts.

Basically, there are two methods for solving intra-family problems:

voluntary (agreement);
coercive (with the involvement of a judicial authority).

Attention: property is not voluntarily divided during a divorce if there is a child. In such a situation, a trial cannot be avoided.

Let's return a little to the logic of the state. This will make it easier to understand how property is divided when a couple divorces if there is a child. The legislation contains the following principles:

Adults will figure it out themselves (this is welcomed in paragraphs of the UK).
But both parents are endowed with responsibilities in relation to minors. They must take care of their children until at least their 18th birthday.
The state strictly monitors how adults perform their duties.
In addition, it, represented by the court and law enforcement agencies, takes care of the interests of minors.

The court session helps to divide the property without prejudice to the unprotected, that is, children.

How is the process

In case of divorce (with children), the following procedure is carried out:

A register is compiled of everything that the family owns (up to dishes and other small things).
Everything on the list is evaluated.
It is decided what the parties will own after the dissolution of family ties.

The judge is guided by the principle of equality of partners. This means that the good should be shared equally. However, the situation changes radically when there are minor children. An important stage is added to the process: the property of a minor is allocated.

Attention: at this stage, each parent has the opportunity to provide their evidence:

the one who will continue to live with the child can submit papers proving the right of the minor to part of the property;
the second can challenge such data so as not to reduce the overall cost of the registry.

It must be assumed that the judge is obliged to think about children before the interests of adults. That is, an official will throw out from the list everything that evidently belongs to a minor. In the future, these things will not be subject to division.

In this case, the divorcees may provide any evidence. Namely:

documents certified by a notary (preferably);
other papers classified as written evidence;
testimony of disinterested persons;
video and audio recordings.

Important: dividing property in a divorce is much easier. To do this, it is necessary to draw up in advance and notarize the agreement. In a divorce, the court will take it into account.

How is voluntary consent taken into account?

Often, partners, studying how property is divided in a court session during a divorce (if there are children), do not take into account the simplest option. If the former partners can come to an agreement, they will ease their lot and the work of the judge.

The point is this:

Separation of acquired property is a rather difficult process. Most often, things cannot be decomposed into two or three piles, they cost unequally.
The judiciary has to invent how to ensure the observance of the principle of equality.
To do this, they may be forced to reimburse part of the cost of a valuable item (a car, for example). Give it to a man (usually). And the former, in addition to alimony, will also pay part of its cost to the mother of the child.

Everything is much easier if there is agreement between the parties. Naturally, the court will check whether those things and shares that belong to minors are included in it (it is obliged to take care of children), but in general it will take the contract as a basis. However, it is necessary to take into account the following features of the document:

In the marital agreement, it is necessary to list all the values \u200b\u200b(the hidden one can become the basis for a new trial).
The document needs to be notarized. Only then will it become valid.
Under certain conditions, it can be challenged.

Division of property when there is a child

From law enforcement practice it is clear that the court is inclined to divide the acquired property not into two, but into all members of the family. Thus, a parent (most often a mother) who stays with minors can claim a larger share. The court looks favorably on such claims.

There are various tricks that allow the other side to defend some of the good. For example, unscrupulous spouses are trying to prove that the former will not be able to manage property, this is a waste of time. The judge may decide to convert the good into money and divide it (for example, if the family has started a small firm).

In addition, the court is obliged to take into account the age of minors and their state of health. He can give part of the good to compensate for the decrease in the level of maintenance of children who need increased care.

Attention: the court pays special attention to residential premises.

How is the apartment divided?

An important point is the definition in documentary form of property rights to housing. It is advisable to do this as an adult before getting a divorce. This move will benefit both parties.

Attention: housing is always divided taking into account the interests of minors, but the decision may not be very beneficial for the mother.

When housing belongs entirely to the former, the court will oblige to provide it only for living. A woman with kids will be able to use it for a year or two (until the offspring come of age), but then the premises will have to be vacated.

If in the process of acquiring residential premises, this circumstance should become a factor for a mother with babies to receive a larger share. That is how the court interprets it.

So, let's summarize:

Lawyers recommend that partners think carefully about their steps before getting a divorce. Often the decision is made in a hurry under the pressure of negative emotions. They are irrelevant when it comes to property matters.
The best solution is to enter into a voluntary agreement to allocate a larger share of the good to the parent with whom the babies remain.
However, if there are minors without a court hearing, it will not be possible to formalize a break in bonds.

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

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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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.

Divorce is a complex process that often involves the division of property. In this case, the spouses share:

a shared apartment;
car;
household appliances;
pets.

However, the apartment and other property are divided only if the marriage has been officially registered - the common-law spouse does not have the right to go to court on this issue. Does a child have a right to a share of the property when the parents divorce?

Divorce and division of property is a complex process.

Division of property after divorce

The process of division of jointly acquired property is covered in article 34 of the Family Code of the Russian Federation. It states that, regardless of the monetary contribution of both spouses, everything acquired in marriage is divided into equal shares. You need to know that not all property is considered jointly acquired - according to the law, it is divided into what was purchased during the marriage and before its conclusion. It also excludes personal items, items received as a gift or by inheritance.

The division of property is the evaluation of each item and the subsequent fairly distributed material wealth between both spouses who decide to divorce. An important point in this process is taking into account the interests of joint children. Each child is entitled to a share after the parents divorce, the amount of which is determined by the court.

How is the division of real estate

The main stumbling block in a divorce is the division of joint housing. The court determines into which parts the apartment or house will be divided, taking into account the financial condition of each spouse, and with which parent the children will remain. If the apartment was bought on credit or on a mortgage, then the payments are divided into two.

How to agree on the division of real estate

If the family has a vehicle, it is also subject to division between the spouses. It doesn't matter who uses the car - the court proposes to sell the transport and share the money from the sale equally.

Drafting an agreement

There are cases when spouses voluntarily draw up an agreement that suits both parties. In this case, it is not necessary to go to court.

Enter into a voluntary agreement that suits both parties

An agreement is a document that must contain the following information:

the order in which the apartment will be divided;
who will get what share;
loan clarification.

It is necessary to draw up an agreement in writing, in two copies and with the certification of a notary. However, such agreements require special care and knowledge of applicable family law laws. In legal practice, there are cases when agreements are used to deceive a former spouse and, taking advantage of this advantage, hide most of their property.

Percentage of minor children

Observance of the interests of minor children and the rules for the division of the joint property of parents are regulated by the articles of family law. Paragraph 4 of Article 60 of the Family Code of the Russian Federation states that children do not have the right to jointly acquired property of their parents and vice versa, unless otherwise specified in the marriage contract. However, in such a law there is a certain loophole in which it is possible to take into account the interests of children.

Paragraph 2 of Article 39 of the Family Code of the Russian Federation states that under certain circumstances (the spouse did not work for an unexcused reason or spent the family budget to the detriment of the interests of children), the court has the right to deviate from the equality of the shares of spouses with joint children.

The right of children to property after the divorce of parents

In this case, the parent with whom the minor children remain has every right to demand that the judge take into account their interests. However, the court does not allocate to the children a part of the common property of the spouses, but increases the share of the parent with whom the child remains after the divorce. Considering the issue of sharing the jointly acquired wealth, the court takes the side of the spouse with whom the child remains.

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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