The division of property is carried out in a judicial proceeding if the co-owners or spouses cannot come to a common agreement and voluntarily divide all joint property. The court must submit a statement of claim and a package of documents confirming the common shared ownership.
Necessary
- - statement;
- - the passport;
- - inventory;
- - documents of title;
- - certificate of marriage (divorce);
- - birth certificate of children;
- - cadastral extracts and certificate of value;
- - documents confirming the cost at the time of purchase;
- - an examination report on the value of the property at the time of the division.
Instructions
Step 1
The property of the spouses acquired by them in legal marriage is considered joint property and belongs to them in equal shares on the basis of Article 256 of the Civil Code of the Russian Federation and Article 34 of the Family Code of the Russian Federation. In addition to the spouses, co-owners can carry out the compulsory division of common property, the basis for this is Article 244 of the Civil Code of the Russian Federation. Each will be forcibly awarded the part that is indicated in the certificate of ownership of the property.
Step 2
In the statement of claim, indicate the full name of the court to which you are filing a claim for the section, your passport details. In the main body, describe in detail the entire situation that brought you to court for the enforcement of the partition.
Step 3
In addition to the application, you must attach your passport and a photocopy of all pages, a certificate of divorce or marriage, since spouses can carry out the division of joint property not only in case of divorce, but also while in a registered marriage. Get real estate cadastral extracts and a certificate of value issued by the bureau of technical inventory. You will also need a complete inventory of the property to be divided. If you are dividing not only real estate, but also a car, furniture, household appliances, attach certificates of value or an act of independent examination confirming the assessed value at the time of the section (Article 132 of the Code of Civil Procedure of the Russian Federation).
Step 4
Pay the state fee for the provision of compulsory partitioning services. The amount of the fee depends on the value of the claim, but the maximum amount does not exceed 60 thousand rubles, regardless of the total cost of the claim. For example, if you divide up property, the value of which is equal to 2 or 20 million rubles, you will pay the same amount for this.
Step 5
On the basis of a court order, the property will be divided by force.
