How property is divided during a divorce: we determine the state fee + what documents are needed + which court to apply to + 3 special cases that need to be considered in detail.

It’s worth starting with the fact that jointly acquired property is considered to be what was acquired by a husband and wife at the time they were in legal ties.

But how property is divided during a divorce is regulated by Article 34 of the Family Code of Russia (read more at the link - http://stskrf.ru/34), as well as Article 256 Civil Code Russian Federation (http://stgkrf.ru/256)

Joint property may mean:

  • any type of real estate;
  • stock;
  • Bank deposit;
  • business;
  • auto.

If you are faced with such an unpleasant situation as a divorce, you should know what rules will apply to the division of all assets.

Details on how property is divided during divorce

It is not always possible to immediately divide property acquired together. Especially if it goes through the registry office.

According to the law of the Russian Federation, Article 34 of the Family Code of Russia ( http://stskrf.ru/34), property can be divided between ex-husband and wife in court within 3 years.

This process is complex and involves a number of additional conditions, the need to collect a package of documents and prove your right to certain things. We strongly recommend that you seek professional help if you are faced with the need to share property with a former partner.

But for general information, let’s look at the main details of the case right now!

1. Cost of state duty.

The amount of state duty is calculated as a percentage of the disputed value of the property; former spouses pay it separately. In case of divorce, the state fee is paid in court immediately before filing the claim, and a receipt for its payment is presented along with the claim package of documents.

Let's look at the rules for calculating state fees during a divorce:

2. Required documents.

First of all, the most important and first document will be a claim for dissolution of the union. This is an appeal to the court in which it is necessary to indicate detailed information about the matter.

Let's look at an example of a claim:

The following must also be included in the package of documents attached to the claim:

  1. Marriage certificate.
  2. Birth certificates of children.
  3. Certificates of income if we are talking about alimony.
  4. Receipt for paid state duty.
  5. Written consent of the second spouse for divorce, certified by a notary.

3. What property cannot be divided?

It is important to consider not only how it is divided, but also what kind of things can be divided in general. It is a mistake to believe that when a union is dissolved, everything can be divided.

Firstly, personal property that is not divided during a divorce is considered to be what was acquired or received before the union was registered. It is also worth mentioning intellectual property and payments for its sale.

Exceptions are items of this type of property for which both have copyright. For example, the general authorship of the book and the royalties received for its sale.

Let us summarize the information in a small table that clearly demonstrates what types of property are not divided during a divorce:

Indivisible propertyPeculiarities
Personal items, clothes, shoes, cosmetics.With the exception of luxury items, especially if there is a receipt as a fact of acquisition of the object of donation.
Payment for intellectual property.Royalties for written books, music, films, etc.
Indivisible things that are vital for one of the couple.For example, a car, if one of the spouses proves that it is a source of income. In this case, it is considered a vital thing, as a result of the loss of which a person will lose his means of subsistence.
Insurance payments.The insurance payment in the name of one of the spouses remains with him in full.
Children's real estate.Any property registered or purchased in the name of children.

4. Where will the divorce take place?

When there is a property claim in a divorce, divorce must be done in court, you have no other options. Only if the couple does not have children under 18 years of age or property claims against each other, a divorce can be obtained through the registry office.

There you can get a divorce unilaterally if:

  • one of the spouses is incapacitated;
  • is in prison;
  • considered missing.

5. Choice of court.

It is important to understand which judicial authority to contact:

  • to the district or city (at the place of registration);
  • in the world.

If the spouses are able to resolve everything (namely, the division of property and the issue of custody of children, if any) independently, by mutual agreement, they can go to the magistrate’s court. The magistrate considers all claims whose value does not exceed 50 thousand rubles.

If the amount of the claim is higher, then you need to contact the district or city. The choice depends on the type of municipal government.

The address of the court you need can be found on the official website https://sudrf.ru/

How is division carried out if there are minor children?

In the absence of offspring, the court always tries to divide the property shares equally, but if there is a baby, priority is given to him, as a minor and less protected citizen.

The division between spouses is made on a two-thirds basis, where the majority is given to the parent who takes custody of the child. The fact of payment of child support by the second parent is not canceled.

Division of property in the presence of adult children

Adult offspring do not participate in the division of property upon the dissolution of their parents' marriage. This is indicated by Article 60 of the Family Code of the Russian Federation ( http://skodeksrf.ru/rzd-4/gl-11/st-60-sk-rf)

If children are dependent on their parents, are disabled or incompetent, then their rights are also taken into account during division. In this case, the disabled child owns a separate share of what his parents acquired, even if he has reached 18 years of age.

The share allocated to such children is given to the custodial parent.

Special cases of division of property during divorce

1) Debts.

Situations of particular importance in the question of how property is divided during a divorce include the issue of debts. If one of the spouses had unpaid debts before entering into the union, they do not apply to the second spouse. However, when property is divided, a debt share may be taken from what is received.

2) Civil marriage.

The answer is simple - no way. The court does not consider this type of relationship to be a legal marriage, therefore all marital rights and obligations are removed from the couple who wishes to dissolve the relationship. Each of the representatives remains with his own, the property is not divided, not counting the fact of donation confirmed by a notary.

Divorce. How to divide joint property?

Legal consultation:

3) Division of property if people do not live together.

The case when people do not live together, but are still in a legal relationship, is no less important, especially when one of the spouses has purchased real estate.

After all, the letter of the law says that everything bought in marriage square meters will be common. This means that they will share regardless of the fact that in fact the relationship could have ended long before the purchase.

In this case, you will need to prove to the court the fact of separation (for more details, read Article 38 of the Family Code of the Russian Federation - http://stskrf.ru/38) You will also need to present neighbors as witnesses who can confirm the fact of separation.

Situations arise when, after the 3 years allotted for the decision, the jointly acquired property is not divided in any way. What to do in this case?

You can figure out the question of how property is divided during a divorce on your own. But to solve the problem in practice, it is recommended to use the services of a lawyer, especially if the jointly acquired property is valued at a tidy sum or there are minor children in the marriage.

It is also important to remember that during divorce proceedings you will have to pay a state fee and the process will take no more than 3 years.

The question of how property is divided during a divorce arises for many who are forced to dissolve their marriage. Easy to share 2 apartments and 2 cars. But often families live with only one apartment and one apartment. The division of property in such cases can occur in two ways:

  • (when they mutually decided who gets what property, and formalized this in the form of a written settlement agreement so that no one could challenge it in the future);
  • (when the court, based on the law and the facts and documents presented to it, makes a decision on the division of property).

In order to understand how to divide property during a divorce, you need to know what property can be divided and what cannot.

Depending on the terms of purchase, there are:

  • jointly acquired property;
  • everything that was bought after the divorce.
Upon divorce, spouses can claim division only of property purchased or acquired during their marriage. What belonged to each spouse before entering into family ties is not subject to division. The same rule applies to property purchased after a divorce. The other spouse has no right to claim it.

Jointly acquired property is divided into 2 more types:

  • divisible;
  • indivisible.

The divisible directly includes everything that will be subject to division:

  1. Real estate (apartment, cottage, garage).
  2. Movable property (car).
  3. Furniture.
  4. Technique.
  5. Precious jewelry and luxury items.
  6. Cash savings, shares, shares, other material assets.
  7. Financial and spiritual results of commercial and other activities (dividends from joint business).

All this will need to be divided according to the law between the spouses in half, unless otherwise provided by the marriage contract.

Indivisibles include:

  1. Things related to professional activity (for example, a taxi driver has the right to keep the car).
  2. Personal clothing, hygiene products.
  3. Property received as a gift or purchased with donated funds.
  4. Something that was inherited by one of the spouses.
  5. Property obtained through primary privatization.

If there are children in the family, the child’s belongings remain with the parent who will live with him.

Principles of property division

Upon divorce, if the spouses could not agree on the division of property, the judge is guided by the legislation of the Russian Federation. It sets out the following fundamental principles:

  1. The division of jointly acquired property between spouses occurs strictly in half in the absence of other conditions specified in the marriage contract or regulations.
  2. If there are minor children, property is divided taking into account the interests and legal rights of each child.
  3. If a couple has a marriage contract, the division of property occurs according to its clauses.
  4. Obligations for family debts are divided equally between the spouses, unless otherwise provided by the marriage contract.

Actions necessary for a profitable division of property

During a divorce, if there is no chance of agreeing on a fair division of property, it is necessary to act quickly and competently so that the ex-spouse does not appropriate too much for himself. What do we have to do:

  1. File a lawsuit with a request for division of property in the form.
  2. Provide the judge with documents demonstrating your right to receive a share of this property, or evidence that your property is not subject to division.
  3. Documents confirming the date of marriage are required.
  4. If the other spouse tries to hide property from the court, proof of its existence must be provided.
  5. Make a material assessment of the value of the property.
  6. Prepare arguments and evidence to protect your rights.

It is best if you present your demands during the divorce process. But if you have already received a divorce certificate, then within 3 years you have the right to file a claim in court.

Division of real estate

Real estate includes buildings and structures, garages, cottages, land. There are several options when dividing real estate:

  1. Sell Not movable property and divide the amount in half.
  2. One spouse buys his share from the other at market value.
  3. If there are minor children, property is divided taking into account their interests.

In cases where the real estate was and is still secured by the bank, the obligation of the spouses remains joint and several. There are the following solutions to share this responsibility:

  1. Sale of an apartment with the permission of the bank to a third party and its subsequent redemption from the bank’s collateral. The remaining funds after paying off the loan are divided in half between the spouses.
  2. Failure of one of former members families from their share in the apartment and re-issuance of a mortgage loan for only one spouse. This happens with the consent of the bank and the spouses themselves.
  3. Borrowing money to pay off the remaining debt on a property early, then selling the property, paying off the loan, and dividing the remaining amount in half. This option is one of the most convenient, since in this case the decision to sell real estate does not need to be agreed upon with the bank.
  4. Re-issuance of the loan amount in equal proportions to each of the spouses and their shares in the property. From this moment on, they bear not joint, but individual responsibility for their obligations.

Division of movable property

The division of movable property is similar to the division of real estate. There are two ways:

  1. One family member can buy out the second share.
  2. Sell ​​the property and divide the funds in half.
The main point here is that it does not matter who bought this property. For example, a car may be bought by a husband, and according to documents he is the owner. But in case of divorce, the wife has the right to receive half the cost of this car or the right to use it equally with her husband. But there is one condition. If the husband proves that the car is a necessary part of his professional activity, for example, for a taxi driver, then the court will recognize it as indivisible property.

That is why, in order to defend your property in court, it is necessary to prepare all the necessary evidence.

Furniture, appliances, cash savings - everything is divided in half. If it is not possible to divide the item, then there is always the opportunity to sell it or buy it from the ex-spouse.

Therefore, when getting married, it is best to take care in advance of how your property will be divided according to the law or the marriage contract. And throughout the long years, be sure to keep documents indicating the fact and date of acquisition of family property.

There is one thing general rule- everything that the spouses acquired during marriage is their common property, and upon divorce it is divided in half (the so-called legal regime of marital property). But this rule has many exceptions.

Is it possible to do without a trial?

Firstly, it depends on the presence or absence of a marriage contract, as well as on its content. It has legal force if it is in writing and notarized. A prenuptial agreement, contrary to popular belief, can be concluded not only before marriage, but at any time during the marriage. That is, it can be concluded, if both parties wish, even before the divorce (but, I think, in this case it is better to conclude an agreement on the division of property, which will be discussed below). Moreover, it can provide for retroactive effect, that is, its extension to already acquired property.

If a marriage contract has not been concluded, then in the absence of mutual agreement on the property, it will have to be divided in court.

If there is a marriage contract, then everything depends on specific wording in him. If the wording is such that all property can be divided based on the agreement, then there should be no problems. If the contract only divides, for example, real estate, and nothing is provided for other types of property, in case of disagreement you will have to go to court.

Secondly, everything also depends on the presence or absence of an agreement on the division of property. The agreement differs from a prenuptial agreement in that it divides only the property available to the spouses (rather than extending a specific legal regime to any future property). It can be concluded both during marriage and after divorce. If the agreement was concluded during marriage and extended its effect to any property, and after the conclusion of the agreement new property was acquired, then it will be considered common. And in case of a dispute regarding it, again, you will have to go to court.

The agreement, like a marriage contract, must be certified by a notary. One copy of the agreement will be kept by the notary and will serve as additional confirmation of the authenticity of the document.

And finally, thirdly: you can agree on the property verbally.

Having agreed verbally, you will not insure yourself against the fact that one day your ex-spouse will nevertheless go to court with a demand for division of property. Moreover, property can be divided within three years after the divorce. That is why we advise you to formalize all agreements in writing.

Now let's look at how property is divided during a divorce in the case of a legal regime.

Not subject to division and considered the property of each spouse the following types property:

  1. Everything that was acquired by the spouses before the marriage was registered (any property, be it real estate, a car, etc.).
  2. Everything that was acquired by the spouse free of charge, even during the marriage. This includes inheritance, donation of any property, even if the gift was made by one spouse to another, etc. However, you should pay attention to the following point. If spouses gave each other expensive gifts that were not personal items, then the gift may have to be proven. The fact is that all transactions between citizens (even spouses) must be formalized in writing if they are concluded for an amount exceeding ten thousand rubles. These are the requirements of Article 161 of the Civil Code of the Russian Federation. This requirement also applies to the gift transaction. Therefore, if during marriage your spouse gave you, for example, an expensive laptop or a car, you will have to prove it (unless, of course, this spouse claims that the property is common and was acquired for joint use). The absence of a gift agreement in writing will deprive you of the right to prove the fact of donation with the help of witnesses - as provided for in Article 162 of the Civil Code of the Russian Federation. And in other ways it is hardly possible to prove a donation (except, for example, by video recording of the moment of donation or photographs), so do not be sure that such property belongs only to you.
  3. Things that the spouse used. Meaning things individual use, such as clothing and shoes. Even those things that were purchased with common money are considered such. The law provides for one exception: items of personal use will not include luxury items and jewelry, even if they were used by one spouse. Luxury goods are an evaluative concept, and a specific range of things cannot be attributed to it. In each case, whether an item belongs to this category will be determined taking into account various circumstances: the opinions of the parties themselves, the cost of the item, financial situation spouses. For some, an evening dress for ten thousand rubles will be a luxury item, but for others, not even a fur coat for a hundred will be such a luxury item.
  4. Exclusive rights to the results of intellectual activity (for example, a musical work) will be the separate property of the spouses. Exclusive rights to such results also refer to property that can be transferred under compensated transactions, for example, under a licensing agreement. You can get a good income from their use, so it is quite fair that such rights will belong only to the spouse who created the result of intellectual activity.
  5. Income received from the use of the result of intellectual activity during marriage is subject to division.
  6. Money received as targeted payments(for example, as compensation for moral damage, insurance payments).
  7. Property that was purchased with the spouse's personal money. For example, a spouse’s parents gave him money, and with it he bought a car. This car will be considered his personal property. True, you will have to prove that the money was personal.
  8. Items that were purchased for common children (for example, Sports Equipment, musical instruments, clothes and shoes and even, possibly, some equipment and electronics). Such things will definitely be transferred to the person with whom the child remains to live. Compensation for their cost is not paid to the other spouse.
  9. Deposits in the name of common children. These contributions are the property of the children from the moment they are made.

We have identified those types of property that are not subject to division. Accordingly, everything else is subject to division - real estate, a car, cash and money in accounts in credit institutions (the presence of which the second spouse has, by the way, is quite difficult to prove), shares in law, deposits, shares, and so on.

Debts are also considered joint property and are divided in proportion to the awarded shares.

Exceptions to the rule

By general rule Property in a divorce is divided equally and in accordance with the provisions set out above. Usually, no importance is attached to which spouse had what income (or even did not work at all) and other circumstances. But there are some exceptions.

For example, the law provides for the opportunity to defend the right to property if it was acquired by a spouse after the termination of actual marital relations and during periods of separation.

The mere fact of separation does not mean termination family relations. People may not live together, but still communicate normally, periodically live together, spend leisure time together, and give each other money. Therefore, in court you will have to prove that you not only lived separately, but generally did not maintain relationships characteristic of a family.

The exception is those cases when the court, when determining shares, deviates from the principle of their equality. This can be done based on the interests of the children. For example, two minor children remain living with the mother in the apartment subject to division, while the father lives separately. The court may, in this case, award 2/3 of the share in the apartment to the mother, and only 1/3 to the father. The principle of equality may not be observed even if one of the spouses, for unjustified reasons, did not receive income or reduced the common property to the detriment of the family. For example, a woman did not work during marriage, although she was able to work. At the same time, all housework was carried out by a housekeeper, raising children - by a nanny, etc. That is, the wife did not have a valid reason not to work. Of course, you will have to work hard to prove such circumstances. Witness testimony will be optimal as evidence, but it is advisable to present others to the court.

Video

The video contains information on the topic of the article.

Jointly acquired property is the property that was acquired by the spouses during their marriage, that is, when their joint household was conducted.

According to the law, it is jointly acquired property that is divided.

What property is not subject to division?

  • Property that is the personal property of one of the spouses is not subject to division. Such property includes property that was received by one spouse as a gift or acquired with funds received as a gift.
  • This is also property received by one spouse by inheritance.
  • Property that belonged to one of the spouses before marriage, as well as if it was acquired after the divorce, is also not divided.
  • Property in personal use cannot be divided. Such things include clothing, shoes, personal hygiene items, and tools for professional activities.
  • Children's property cannot be divided. This may include children's clothing, musical instruments, children's books, school supplies, and funds kept in a bank account in the child's name. The children's property is transferred to the spouse with whom the children remain to live.

Property division rules

Russian legislation provides for two articles - one article of the Family Code, and the second - of the Civil Code, which answer the question of what is the procedure for dividing property. We are talking about Article 34 of the RF IC and, accordingly, about Article 256 of the RF Civil Code.

What do they tell us about the division of property?

Article 256 of the Civil Code of the Russian Federation states that all property owned by spouses, acquired during a registered marriage, is recognized as jointly acquired property, unless otherwise established by the marriage contract concluded between the spouses.


Article 34 of the RF IC says that all income acquired separately by each of the spouses, regardless of the method of receiving it, is considered their joint property and the fact in whose name this property is registered does not matter.

During the divorce process, half of the property goes to the husband, and the other half goes to the wife, provided that, unless a different order is established by the court or the marriage contract between the spouses.

Division of real estate is possible, which primarily includes an apartment or house, garage or cottage. Movable property, such as a car, is divided. Subject to division Appliances, all income from commercial, intellectual, investment and labor activity, non-targeted benefits, securities and shares, bank deposits, luxury goods and jewelry, all of the above was acquired jointly.


There is a situation when it is difficult to divide property in half without losing their integrity and functionality. Thus, it is impossible to divide a car, house or apartment in half, since they are physically indivisible property. In such cases, the court makes a decision that the indivisible property is transferred to one of the spouses, and the second is assigned a compensation payment in the amount of half the value of the thing, or in exchange for this thing, the other spouse is asked to take other joint property.

To achieve a fair division of property, the property goes through a process of assessing its value, usually based on its current market value. At the same time, the spouses can determine the amount of compensation independently, and if there is no agreement out of court, then an appraiser is called in and the court itself determines the procedure for dividing the property. Compensation payments may be assigned in installments.

In the practice of dividing property, such an approach as selling the property and dividing the amount from the sale in half is used. Most often, this option is used when dividing a home, cottage or land plot.

In addition to property, general debt obligations, such as loans, are also subject to division in half.

In this case, the loan agreement will be re-signed.

Loan obligations are either divided equally or transferred to one of the spouses if the loan property (apartment or car) is transferred to his possession.

In this case, the second spouse should receive compensation payments in the amount of half the cost of the mortgaged apartment or credit car. And after repaying the loan, he must pay the second spouse half of all the contributions that they paid jointly during the marriage.


How can you divide your mortgage?

The apartment can be divided into shares and loan obligations are also divided into shares.

When the mortgage is repaid, the apartment is registered as common property.

The apartment can be divided by transferring the mortgage to one of the spouses. In this case, one of the spouses receives the obligation to pay the mortgage and the right to an apartment. The second spouse does not pay anything on the loan, but also does not receive the right to housing. This provides for compensation of half of half of the mortgage costs invested in the apartment during the period of marriage.

The apartment can be sold and the mortgage debt can be repaid using the funds received from the sale of the home. After paying off the loan obligations, the remaining amount from the sale of the apartment is divided in half. Typically, a mortgaged apartment is put up for sale by the bank in which it is mortgaged.

Such actions are possible upon reaching a tripartite agreement between the spouses and the bank or by a court decision.

When children in a shared apartment do not belong to the owners of the divided apartment, then it will be divided equally between the spouses.

If the children remain to live in a shared apartment with one of the spouses, then the court takes this circumstance into account and its share can be increased in favor of the parent with whom the children remain to live after the divorce.

And when the apartment is registered in the name of one of the spouses, and the second one has the status of a user, after its division, the one who was not the owner can be evicted only by a court decision.

It is worth noting that family members who did not participate in its privatization, but had the right to reside in it and were registered in it before the divorce process, may have the status of indefinite residence.

There are always certain difficulties with the division of real estate in which there are minors and when the second spouse, with whom the children remain after the divorce, does not have his own home. In these circumstances, the court makes a decision aimed at protecting the interests of the children and can force the division of housing in favor of the spouse with whom the children remain.

How will property be divided if only one of them brought income to the family?

The property will be divided in half if the other spouse could not bring income to the family for a good reason. These include childcare and housekeeping.

The division of joint property can take place without the participation of the court and with its participation.

Division of property without court


Division of property outside the court process is possible if there is no conflict situation regarding joint property. In this case, the outcome of the case is faster and the division process ends with an amicable agreement between the spouses. Settlement agreement on the division of property as part of an out-of-court settlement this issue is in writing and certified by a notary. It specifies in detail the shares of each spouse, and it must comply with the requirements of Federal Law No. 391-FZ. Only then does it have legal force with all the ensuing consequences. If it is drawn up differently, it will not be significant evidence in a lawsuit if it is suddenly initiated later.


Division of property in court

Division of property through the court is inevitable if those divorcing are unable to independently agree on the procedure for dividing joint property. A claim is filed in court and the volume and composition of the divisible property is established in court, its assessment is made, and then in the process civil court the share of each of the spouses is allocated, compensation is assigned if necessary.

When dividing property, the court takes into account the interests of each spouse and their children and is guided by the principle of equal division of common property, the principle of decreasing or increasing the share while respecting the rights of children and the validity of decisions made.

When can the court increase the spouse's share?

An increase in the spouse's share when dividing property is possible under the following circumstances:

  • when the interests of minors are involved;
  • when one of the spouses has a serious illness or is disabled;
  • when there are obligations of one of the parents for common debts.

When can the court reduce a spouse's share?

A reduction in the spouse’s share during the division of common property may occur if:

  • the spouse’s reluctance to find a job has been proven;
  • the spouse's careless or negligent attitude towards the existing property has been proven, leading to a decrease in its value, leading to its complete or partial destruction;
  • there is every reason to believe that the spouse leads an antisocial lifestyle, contributing to the emergence of common family debts.

When does the division of property take place?



There is a general rule, defined in Article 38 of the RF IC, according to which spouses can file for division of property within 3 years from the moment when one of ex-spouses became aware of a violation of his legal rights and interests.

Algorithm for correct actions when dividing property

  1. Conduct the divorce process legally competently.
  2. Do not miss the statute of limitations for the division of property.
  3. Prepare a statement of claim for division of property that meets the court's requirements.
  4. Collect documents and evidence to present to the court.
  5. Take measures to ensure the safety of the divided property during the trial.
  6. Carefully consider the tactics and strategy of behavior during the trial.
  7. Present to the court all the evidence available in the case, witness testimony, photo and video materials, financial and other documents of legal significance, in essence.
  8. Take measures to prevent the second spouse from hiding common property.
  9. Ensure that an independent appraisal of tangible property is carried out.
  10. If necessary, ensure that your legal representative participates in the trial.


Remember that the process of dividing property requires serious consideration of all the nuances. If you encounter difficulties in preparing for this process, you may need qualified legal assistance from a lawyer specializing in divorce and property division processes. His participation will allow you to successfully conduct the trial and fully protect your property rights and legitimate interests.

Unfortunately, some family unions end in divorce, and disputes often arise during the division of joint property between former spouses. During a divorce, many married couples cannot agree on what property will go to whom; people often confuse joint and personal property and do not know the order and procedure for dividing both joint property in general and its individual types.

Joint property during divorce

According to the Civil Code and the Insurance Code, joint property (joint property) means property acquired by a married couple during marriage, regardless of whether both spouses or only one of them earned money in family budget.

In this case, it does not matter which spouse is the owner of this or that property, if the property was acquired (significantly improved) during marriage, it is considered joint.

What is considered common property

Joint ownership includes:

  • the income of each spouse received during the marriage;
  • pension, social and other payments, but only those that do not have a designated purpose;
  • movable and immovable property acquired by the couple during their married life;
  • income received as a result of business activities;
  • shares in capital, shares, stocks and other securities;
  • dividends on shares and interest on bank deposits, but only if these shares or deposits are also joint property.

What property is considered personal?

The personal property of each spouse is:

  • property acquired before marriage;
  • property received by inheritance;
  • present;
  • things intended for individual use;
  • intellectual property right.

At the same time, expensive items, even if they are used only by one of the spouses, are not considered personal. For example, an expensive antique necklace, if it was not inherited or given as a gift, in case of division will be considered joint property and not personal thing belonging only to the wife. At the same time, a simple piece of jewelry purchased with joint money will be recognized as personal.

Common property rights

Regardless of whether one of the spouses had income during the marital relationship or did not bring any money into the family “piggy bank,” he still has the right to part of the joint property upon division.

What is shared

During a divorce, only jointly acquired property can be divided, namely:

  • real estate acquired during marriage;
  • bank deposits, securities (except those held by spouses before marriage);
  • other movable and immovable property.

In this case, it does not matter which spouse contributed and how much to the family budget; both have the rights to half of the joint property if they decide to divorce and divide it.

What cannot be divided

Personal property of spouses is not subject to division, namely:

  • acquired before marriage;
  • purchased with the personal funds of one of the spouses;
  • received as a gift or inherited;
  • personal belongings (except for particularly expensive property, such as antiques, ancient jewelry, etc.).

There is an exception to this rule: if personal property during the marriage was significantly improved by joint funds or personal money of the second spouse, it becomes joint property and is subject to division.

For example, a spouse had an apartment that she bought before marriage. But during the period of their marriage, at the expense of the husband’s personal funds, the living space was overhauled, and its value doubled. In this case, the property ceases to be personal property and is considered joint property.

How property acquired during marriage is divided during a divorce

There are three options for dividing joint property:

  1. According to the marriage contract.
  2. In accordance with the voluntary agreement.
  3. According to the court.

Marriage contract

In the Russian Federation, concluding a marriage contract is currently a rare occurrence. Mostly successful businessmen resort to it to protect their business in case of divorce. The contract can be concluded both before marriage and during the marital relationship, but until the divorce procedure has begun.

In it, the signatories stipulate the procedure for dividing property in the event of divorce and partition, and the procedure for dividing can be stipulated not only for existing property, but also for property intended for acquisition.

Agreement

The division of joint property is possible both during marriage and after its dissolution, the main thing is that both spouses can find a consensus. The algorithm for concluding an agreement is as follows:

  1. Preparation of the project and agreement on the division procedure.
  2. A visit to a notary who checks the document for compliance with Russian legislation and certifies it if it is legitimate.
  3. Signing of the agreement by the parties.

Options for the section are specified by the signatories, it could be:

  1. Division in equal or unequal shares.
  2. Transfer of property to one with mandatory payment of monetary compensation to the second spouse.
  3. Broadcast various items property in different variations to each of the signatories.

By court

If agreement on the section cannot be reached, then the third option remains - . The procedure is as follows:

  1. Filing a claim.
  2. Collection of all documentation required for the court.
  3. Payment of state duty.
  4. Filing a claim.
  5. Participation in the process.
  6. Receiving a court verdict.

Features of the division of different types of joint property

Different types and types of property are divided differently. The procedure for dividing a vehicle and a land plot or an apartment and a country house cannot be the same, since these types of property are different.

Let's look at how some of the most common ones are divided.

Apartment

Anyone's section is affected by it legal status. Housing can be:

  • in shared ownership;
  • jointly owned;
  • in the personal property of one of the spouses.

The easiest way to divide a property located in shared ownership, everything is simple here: what share you own is what you will get during the division.

If the apartment is located in joint ownership, then the shares of its owners are not determined; during division, it is first necessary to establish the shares of the husband and wife and only then proceed with the division.

The most difficult option is the division of housing located in personal property.

According to the law, personal property is not subject to division; it remains entirely with the spouse whose property it is.

But during the marriage, housing could be improved: rebuilt, overhauled, while its value increases significantly, and in the vast majority of cases with the use of joint funds. It will be enough for the second spouse to prove that he contributed to the increase in the price of the disputed apartment in order to obtain the right to its share.

If there are children

Children cannot claim the property of their parents if they are not co-owners. In cases where a child has a share in a living space, during a divorce it goes to the parent with whom the minor remains.

For example, both spouses and their joint child had shares in the residential premises, each of which was equal to one third. If a minor child remains to live with his mother after a divorce, then two-thirds of the property goes to her, and one-third remains to the husband.

If the apartment is one-room

In fact, it is impossible for two people to live together after a divorce is also unlikely, leaving several options for division:

  1. The property is transferred to one spouse, the second in return receives other joint property equal in value to the living space. For example, the wife gets an apartment, and the husband gets a car.
  2. Sale of residential premises and division of funds received in accordance with shares.

Privatized apartment

The division of an apartment purchased during marriage and during the same period are significantly different. In the first option, the legislation does not see any difference - the living space is registered for one spouse or for both; in any case, it is divided equally. But if the residential premises were privatized for one spouse, then during the division the second has no right to it.

In such a situation, he may lose any opportunity to even use the residential premises if, for example, his registration in the residential premises has expired (with temporary registration).

Mortgage

As a rule, it is issued to one of the spouses (to the one who takes out the mortgage loan). Of course, both participate in repaying the mortgage, so each of the married couple has the right to a share in the residential premises, but this is much more difficult to realize.

Most often, ex-spouses try to re-issue a loan for both of them, but banks are not always willing to undertake such a procedure, especially if the second spouse has a low income.

You can simplify the division of such a property if you take care of it in advance. There are two options:

  1. Conclude a marriage contract.
  2. Sign a special agreement with the bank, where the parties will prescribe the procedure for division and payments under the loan agreement in the event of divorce and division of property.

Vehicle (VV)

It is considered indivisible property, since it is actually impossible to divide it. There are several section options:

  • the car is transferred into the ownership of one, the second receives in return monetary compensation in the amount of half the cost of the vehicle;
  • similarly, the car is transferred to one spouse, and the second receives other property, the value of which is equal to the price of the car;
  • The vehicle is sold, the proceeds are divided;
  • the car is transferred to a third party, for example, an adult joint child or another family member.

Shares, other securities, joint business

If shares or other securities were acquired during marriage, then their division occurs in the same manner as the division of other joint property - equally.

If it is actually divided (in the case where the family owns controlling stake shares), then both spouses become equity participants and in the future are forced to conduct all affairs jointly.

As a rule, during a divorce, rarely does either of the former spouses maintain a trusting and benevolent relationship, so it is usually practiced to buy shares from one of the spouses from the other. Of course, this option is not good for the company.

It is much easier to divide securities if the spouses own a small block of shares, they simply divide it in half.

Earth

It is divided in the same way as any other joint property - equally. But there are many nuances when dividing land.

Which plots of land can be divided and which are indivisible?

Not all land plots can be divided in kind; there are a number of conditions that must be met during division, namely:

  1. Secondary plots must have the same status as the primary plot and comply with the size standards established for lands of a certain purpose.
  2. Each newly formed site must have free access.
  3. The presence of controversial objects on a divisible land plot is not allowed.

If these conditions cannot be met, the plot is considered indivisible.

In this case, you can try to divide the land in alternative ways:

  1. The plot remains the property of one spouse, the second receives monetary compensation in the amount of half the value of the land or other property of equal value.
  2. The spouses sell the property and divide the proceeds in half or in unequal shares (by agreement).
  3. The earth is not divided at all, ex-husband and the wife agree on the use of the plot, determining which of them will occupy what part of the land for use.

Loans

The couple decided to divorce, but there are... What to do in such cases? First you need to decide what the loan was taken for. If you want to purchase property that you plan to divide during a divorce, then it is advisable to try to renegotiate the loan agreement for both spouses.

Banks are reluctant to undertake such debt restructuring.

If one of the spouses took out a loan to use it for personal purposes, for example, to pay for studies or for a trip to a sanatorium, then he will repay it himself.

Personal property

According to the law, personal property is not subject to division. But there are cases when spouses include very expensive and valuable things as their personal property, for example, antiques or ancient jewelry with precious stones, the cost of which is often determined at several hundred thousand or millions.

For example, my husband is a famous violinist and an ancient instrument from a famous master was bought for him to play. The cost of such violins is enormous; the price can reach several million rubles. On the one hand, the husband needs the tool for work, so he considers the tool his personal property, on the other hand, it is a very valuable item, and therefore is joint property. Most likely, the court will decide to recognize the violin as joint property subject to division.

How is property divided during a divorce if the wife is the owner?

It makes no difference to whom the property purchased during marriage with joint funds was registered; it will still be considered joint. But this rule applies if the property was acquired and not inherited or donated. In this case, the possible options are:

  1. The property was gifted to his wife. The husband believes that the gift was for the family, and not separately for the wife. In this case, if he proves that the property was donated not to the wife personally, but to the two of them, then it is divided equally. Evidence of one or another type of donation can be testimony or a deed of gift.
  2. The wife inherited some property. She is the rightful owner and should not share it with anyone.
  3. The property was purchased during the marital relationship, but with the wife’s personal funds. Such property is not divided, but she must prove that her money was used for the purchase; statements from bank accounts opened before marriage, and a purchase and sale agreement for her personal property can help with this.

How is property divided during a divorce if the husband is the owner?

The same rule applies as with the owner-wife.

Some husbands, if the wife does not work but takes care of the house and family, believe that the property purchased in such a marriage belongs only to him, since he alone brought income to the family. This opinion is incorrect; in any case, all property acquired during marriage is joint and should be divided equally.

When dividing any joint property, there are so many nuances and pitfalls that it is difficult for an ordinary citizen to understand all the legal intricacies. Competent and experienced lawyers will come to your aid, who will conduct an initial consultation, suggest an algorithm of actions, help, if necessary, collect the necessary evidence, and, if necessary, represent your interests in court.