In divorce proceedings, an application is often filed with the court with claims for the division of joint property, and it does not matter at all who the ex-spouse or spouse is.
Necessary
- paper
- pen
- documents confirming the fact of the purchase of property during the marriage and its value
- the passport
- birth certificate of children
Instructions
Step 1
Under this law, spouses have the right to independently dispose of jointly acquired property, both in case of divorce and being in an officially registered marriage, without court hearings. To recognize the legality of such an agreement, you must conclude it in writing. In the event of disputes and conflicts, the division case is sent to the court.
Step 2
The court will without fail find out whether the interests of third parties, for example, members of a cooperative or peasants in a farm, are affected, in this case, the direct dissolution of marriage and the process of division of property are considered at different court sessions, without being combined into one office work.
The application can be submitted regardless of who owns this or that property, and the fact of an illegal order or its concealment is also taken into account.
Step 3
Drawing up an application for dissolution of property should begin with the indication of the district court where it is sent, the names of the plaintiff and the defendant, followed by the list of jointly acquired property with a brief description and its value. If you have a car, indicate its brand, color, year of manufacture, VIN (identification number), the initial and residual value of the vehicle.
The date is put down below and the claim is signed by the plaintiff. The petition is submitted to the judicial authorities at the place of residence of the defendant, the location of the real estate, or at the place of his last stay on the territory of the Russian Federation.
Step 4
The claim must be accompanied by a copy of the application for the division of property, a paid receipt, a copy of the certificate confirming that the marriage has been dissolved, a copy of the existing personal account, a copy of an extract from the USR for real estate, a copy of the power of attorney from the plaintiff, as well as a calculation confirming the claim.
Step 5
Petitions for the collection of additional evidence, postponement of payment of the due state duty, seizure of disputed property, notification of the plaintiff at a specifically declared address may be attached.
Step 6
Please note that the state fee is payable both for the divorce itself and for the division of property.
Step 7
A statement of claim by one of the spouses may be met with an application for division of property filed by the other spouse. They are considered in one process, and their combination leads to a faster and more accurate consideration of the case.
Step 8
The limitation period for such statements is three years from the moment when the person should have learned or learned about the violation of his rights.
