How to apply for the division of property without a divorce: sample application, advice of lawyers

When marrying, few of the spouses think about how they will later divide their property. Naturally, lovers do not even want to think about situations that will force them to enter into long litigation, leading to the division of all that they will be able to acquire over the years of marriage. But, as statistics show, every third marriage comes to divorce and property disputes. Most of them start and end in court. Few of our compatriots are well aware of Russian legislation that allows the division of property without divorce. This situation is quite rare and not widespread in our country. Although in recent years, lawyers and judges are increasingly confronted with situations on the sharing of jointly acquired property without divorce. Therefore, today we devoted a whole article to this conversation, where we collected the most relevant and useful information for you.

Jointly acquired in marriage: an explanation of the wording

Many newlyweds believe that to the common property are such large purchases as real estate or, for example, a car. But in fact it is not so, because from the moment of painting in the registry office, partners have a common property. This category may include gifts for the wedding ceremony, wages and much more. In the future, every purchase in matrimony, regardless of whose money it was made, becomes a common property. In addition to things, this applies to cash and couples accounts.

It is interesting that the wording "joint ownership" enables each partner to dispose of it without the permission of the other. For example, the husband has the full right to quietly sell the car acquired during the years of marriage and registered with him. Also, the wife gets the opportunity to withdraw money from the bank account and spend it as it sees fit. However, in cases involving the registration or certification of documents in a notary's office, the permission of the second spouse is an indispensable condition for the transaction itself.

Partners at any time in their lives have the right to apply for the division of property - without divorce, in his process or after it. However, do not forget that common property does not abolish such a thing as "personal property". This should be discussed in more detail.

Personal property

Russian legislation specifies that each spouse has the right to personal property. It is impossible to apply the rules for the division of property in a marriage without divorce or in its process. After all, everyone can dispose of it at his own discretion. If you want to use your spouse's personal property, then ask for his permission. Only in case of agreement, you can take this or that thing.

What can be attributed to personal property? Newlyweds and people who have lived in marriage for many years, with difficulty determine the boundaries of this formulation. Although in fact everything is quite simple. So, personal property can be considered as:

• Was acquired before entering into an official marriage;
• Received as a gift during the marriage;
• Is part of the inheritance.

Also in this category falls, for example, clothing, accessories, jewelry (except for luxury goods).

Keep in mind that personal property is not subject to sharing. The only exception is the fact that it was recognized by the court as joint property. This happens in rare cases, when during the years of marriage the spouses have significantly increased the cost of one or another thing that relates to personal. For example, a husband or wife inherited a small house that does not have much value in the real estate market. Being married, they repaired it, ran a water pipe and connected the gas. Over time, he turned from an old wreck into a cozy and well-kept cottage. In this case, when the property is divided (without divorce or, for example, after the divorce process), the house, once inherited, into which so many common resources and efforts have been invested, can be recognized jointly as acquired property and divided between the spouses.

Delejka property: the situation

As we have already said, most couples begin to share good at the stage of the divorce process. Most often, a lawsuit is filed in parallel with the application for the sharing of the jointly acquired. In this situation, the judge makes a decision immediately on two claims, based on the evidence provided by each of the spouses. Please note that earnings do not matter in court. For example, a woman who did not work in marriage, but only led a household, also has the right to half of all acquired during the years of married life.

Some couples initiate a divorce without a property partition. The application to the court about the fate of a thing from the category of "jointly acquired" can be submitted and three years after the end of the marriage. The law provides for similar situations, and in recent years they are increasingly found in court cases. After all, spouses are often divorced, experiencing negative emotions to each other, and therefore can not adequately assess the need for certain things.

It is interesting that the division of property without divorce can begin even a day after the official marriage. Russian legislation does not limit the spouses in these rights, but we should not forget that the process of distribution of the jointly acquired between husband and wife only concerns those items that are present in the family at the moment. If you managed to divide the property without applying for a divorce, then everything bought in the future, again, becomes your common property. In the event of property disputes, these things will be subject to the rules of division according to the Family Code.

Many people wonder why it is possible to divide the property of spouses without a divorce. Russian legislation provides for three objective reasons, which can push a couple to these actions.

Reasons for the implementation of the section

Of course, in life there are different situations. But if we open the Family Code, then it will clearly indicate the following reasons for the division of property without divorce:

• The initiative of one spouse;
• The desire of both partners;
• Activity of creditors.

The latter reason is becoming more and more common in cases of sharing acquired in marriage, because under the law both partners can have their own obligations, including to banks. But if there are problems with payments, the creditor will file for arrest all that the spouses have. In this case, someone who does not have any relationship to the financial obligations of his second half can be submitted for the division of property without a divorce. Thus, the family will keep part of what was acquired during the years of marriage.

Also often the idea of sharing property arises when the couple thinks about inheritance after themselves. The need for such actions is caused, for example, by the desire of the husband and wife to leave certain items for their children. In this case, even after the written testament between the heirs, disputes may arise, they have the right to challenge the will and request a share of the total property. However, if the spouses make a division of property and execute a will for objects belonging only to them, then legal disputes will simply be ruled out.

The procedure for dividing property

If you are married and plan to make a section jointly acquired over many years, then you can solve the problem in two ways:

• In a voluntary agreement;
• In litigation.

The first option involves the preparation of a marriage contract or a voluntary agreement. The second method involves filing a lawsuit in accordance with the established form. In the following sections of the article, we will consider in detail each of the above options.

Division of property without divorce and court: marriage contract

Many know that the marriage contract can be made at any time at the request of the couple. Most often it is concluded before marriage registration, but this document is also relevant in the process of living together. In any case, the marriage contract solves all disputable property issues between the spouses.

It is interesting that in recent years there have become more frequent cases of drawing up documents on the division of property between people who are already married. This is usually associated with a business owned by one of the spouses. There are cases when both husband and wife have their own sources of income, which should remain their personal property regardless of marital status. In this case, the marriage contract will help to solve all future problems that arise.

Features of the marriage contract

Quite often, the reason to conclude a document on the division of property is the intention to take out a mortgage. The fact is that after numerous precedents with the divorce of borrowers, banks began to practice the drafting of marriage contracts, according to which the future apartment falls into the ownership of one of the spouses. He is also a responsible borrower. In the event of a divorce and problems with monthly payments, the bank will only file a claim against one borrower and resolve all issues with it.

Keep in mind that the marriage contract is with a notary. In this case, only the spouses themselves can determine what is jointly acquired property. Things or real estate acquired after signing the document is common. However, the husband and wife may, even when drafting the contract, predetermine the ownership of a property, taking into account the source of money spent on its purchase.

Voluntary agreement on the division of property

Voluntary agreement, our compatriots perceive as some kind of alternative to the marriage contract. However, this document may not be certified by a notary, it will be effective after signing by both parties.

If the voluntary agreement includes real estate or vehicles, then necessarily resolve issues with the re-registration of documents for these properties. This will save you from possible future problems.

Division of property through court without divorce

It is worth noting that people who are married often do without lawsuits. After all, they do not plan to end their relationship and quarrel over material issues. However, sometimes without a statement of claim in court, it is difficult to manage, so this solution is also quite common in our country.

First of all, before drawing up a claim it is necessary to determine the composition of the property. One of the spouses must describe it, conduct a preliminary assessment and determine the shares. All this must be indicated in the claim, but your half in case of disagreement can file a counterclaim or challenge it directly in the course of the court session, submitting an objection in writing to the judge.

Many things can not be divided, so they determine the shareholding. In relation to the rest of the property, the judge proceeds from the person who initiated the purchase, whose money was used for it, and to which of the spouses it is most needed.

Drawing up a lawsuit: a sample

Many spouses planning the division of property through the courts, turn to file a lawsuit against professional lawyers. And this is the right approach, because the specialist will be able to take into account all the nuances of the future business and suggest how it is necessary to evaluate the assets acquired over the years of marriage. But this help is worth some money, which can not be found in every family.

If you plan to initiate the division of property without a divorce, the sample application below will help you navigate when drafting the document.

Conclusion

It is worth mentioning that one of the spouses, who does not want a sharing of the acquired good, can file his own claim for dividing the debts. According to the Family Code, the debts of two people living in a marriage are divided into equal shares. Be prepared for the fact that the division of property of spouses without a divorce can lead to a similar situation. So try to negotiate with your husband or wife peacefully.