In accordance with article No. 256 of the Civil Code of the Russian Federation and article No. 34 of the Family Code of the Russian Federation, all property acquired by spouses during marriage belongs to them in equal shares. If the marriage contract has not been drawn up, and during the divorce, mutual agreement on the division is not reached, all problems with the common property can be solved in court.
It is necessary
- - application;
- - passport;
- - birth certificate of the child;
- - certificate of marriage or divorce;
- - inventory of property;
- - assessed value;
- - documents of title to the property.
Submit a claim for the division of property in court. All property acquired during a registered marriage is the common property of the spouses and belongs to them in equal shares, regardless of whose money it was acquired.
In addition to the application, prepare for the court an inventory of all property subject to division. A marriage or divorce certificate will be required, since the division can be carried out at the time of divorce, after it, or during the period of a registered marriage. If there are declared requirements to increase your share of the property at the expense of children, a birth certificate of a joint child (children) will be required.
Attach documents of title to the inventory of the property: a certificate of ownership of real estate, an agreement confirming the acquisition, a technical passport, a certificate of the assessed value of valuable property at the time of division. A certificate will be required if there are no financial documents confirming the cost at the time of purchase (Article 132 of the Civil Procedure Code of the Russian Federation) If, in addition to valuable property, you share cups, forks, spoons, just add them to the general inventory.
The compulsory division of property is carried out after payment of the state fee, its amount depends on the total cost of the claim. If the assessed value of the property does not exceed 20,000 rubles, you will pay 4% of the amount of the claimed claim. For property, the estimated value of which ranges from 20,000 to 100,000 rubles, the amount of the state duty is charged at the rate of 3% plus 800 rubles. From 100,000 to 200,000 - 2% of the amount plus 3,200 rubles. Most often, the court considers claims exceeding 1 million rubles. The maximum amount of the state fee is 60,000 rubles.