Advice 1: How to file a claim for division of property

In accordance with article 256 of the Civil code and article No. 34 of the Family code, all property acquired by the spouses during marriage, belongs to them in equal shares. If the marriage contract is not formalized, and divorce is a mutual agreement on the division is not reached, to resolve all issues with the common property in a judicial order.
How to file a claim for division of property
You will need
  • - the statement;
  • - passport;
  • - birth certificate of the child;
  • - marriage certificate or divorce;
  • - an inventory of the property;
  • - estimated value;
  • - title documents to the property.
Submit the claim about section of property in court. All property acquired during registered marriage, is the General share property of spouses belongs to them in equal shares, regardless of whose money it was purchased.
In addition to the statements prepare for the court an inventory of all property subject to division. Will need marriage certificate or divorce, since the section can be carried out during the divorce, after or during the registered marriage. In the presence of the stated requirements on increasing your share of the property at the expense of children will require a birth certificate of a child (children).
To the inventory of the property attach legal documents: certificate of ownership of the property, the contract confirming the acquisition of the technical passport, a certificate of the appraised value of the property at the time of the partition. Help will be needed in that case, if the financial documents confirming the value at the time of purchase, do not exist (article 132 of GPK of the Russian Federation). If in addition to the valuable property you share cups, forks, spoons, just put them in the overall inventory.
Forced division of property after the payment of the state fee, the amount depends on the total cost of claims. If the assessed value of the property does not exceed 20,000 rubles, you pay 4% of the amount of the alleged claim. For the property, the estimated cost of which ranges from 20 000 to 100 000 rubles, the amount of the state fee is charged at 3% plus 800 rubles. From 100 000 to 200 000 – 2% of the amount plus 3 200 rubles. Most often, the court considers the claims in excess of 1 million rubles. The maximum amount of the state fee is 60 000 rubles.

Advice 2: How to file for divorce and division of property

Some marriages are, alas, falling apart. The initiator of the divorce may be any of the spouses. If it is obvious that the old love is gone and family not to save, then perhaps a divorce really would be the best way out of this situation. Raises unpleasant questions: how to do everything right on the law, with whom the children will live, how to divide the property.
How to file for divorce and division of property
Try to understand a simple truth: since the marriage failed to save, you have to leave quietly, with dignity, without recrimination, quarrels and scandals. In short, behave like civilized people. If the husband and wife no minor children and both spouses agree to divorce, procedure of divorce is carried out in the Department of civil registry office at the place of residence of one or both spouses. See there a statement in the prescribed form. His sample can be obtained there.
If there are minor children or one of spouses does not consent to the divorce, this procedure can only be done in court. In fact, according to the law, the court must not only state the fact of divorce, but also to determine which of the former spouses children will live. Spouse – the initiator of the divorce should go to court with the claim about divorce. In this case, if the spouses have different addresses to be registered, in the case where wishes to divorce his wife, she should sue in court, are sure that the address registration of the Respondent – husband, and Vice versa.
Remember that the law provides for some exceptions from the General rules of registration of divorce proceedings. For example, in some cases, you can file a claim in the court of the place of registration of the plaintiff, not the defendant. Also, if the initiator of the divorce is the husband and wife do not agree, then, in the case of pregnancy, and in the year following the birth of a child, divorce is not allowed.
A very complex issue that generates a lot of conflicts, division of property upon divorce. Under current law, all property acquired during marriage is considered common property and divided equally on divorce. However, article 39 of the Family Code allows changes of this provision for a number of reasons. And disputes about the division of property sometimes goes over the years.
Try to resolve this issue peacefully, through negotiations. Best of all, if former spouses make agreement on the division of property. It must be notarized. If you can't come to an agreement, or former spouse obstruct the use of jointly acquired property, contact the court regarding the allocation of marital property.
In advance tune in to what is a difficult and lengthy business, you need evidence. Better to use the services of a qualified lawyer.
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