Division of property after divorce, statute of limitations for loans, apartment, car and other material valuables
Divorce - the procedure is unpleasant and difficult formost pairs. If the former spouses have property claims, the process becomes more complicated. The division of property after a divorce, the period of limitation of which has not yet passed, can be less painful in the presence of a marriage contract or the good will of the parties. If there is neither that nor another, it is necessary to address in court. But first you need to understand what kind of property is divorced during the divorce and in what period it makes sense to seek help.
What is to be divided
The division of the joint property after the divorce takes place according to the established rules. All movable and immovable property acquired during the marriage period is divided. Between the parties will be divided:
- All real estate: apartment, garage, villa, room, palace.
- Land plot, share construction, share.
- Means of transport.
- Business, bonds, shares.
- Bank deposits.
- Household appliances and furniture.
- Luxury goods, jewelry.
If the spouses divorced, but the divorce was not formalized,all property acquired by both parties during this period may be recognized as general and subject to division. The division of property after the divorce, whose statute of limitations has not been issued, will include only what was acquired before the official confirmation of the separation.
You can not divide the furniture and clothes of children,Items purchased for their needs or deposits in their name. Children's property remains with the parent with whom the children remain. In addition, in the division of spouses' property after divorce personal belongings are excluded, except for jewelry. But also from this rule there can be exceptions: if the fur coat is sold, the spouse has the right to demand division of the money received for it.
In the property section after the divorce apartment,owned by one of the spouses before the beginning of family life, can not enter, like any other property obtained before the marriage. If during the marriage period one of the spouses has received material assets as an inheritance, they are also not subject to division.
Today, credit is a very popular way to getcash. And if a large amount can be taken only with the written consent of the spouse, then the bank provides only a small amount of material assistance to one of them. Initiating the division of property after the divorce, the spouses do not want to divide the loans, if the signature is not under the contract. The court considers each situation individually. If the money is taken with the consent of both spouses and spent on the needs of the family, the debt will be divided equally between the spouses.
But what if the loan was taken by one partyto meet personal needs without notification to the spouse? More recently, courts recognized such debts as common and divided them in half in most cases. However, from 13.04.2016, joint loans are recognized only when they have been spent on the family. Prove these expenses should be the party that requires you to include in the property section after the divorce loans.
Division of spouses' property after divorceoccurs in equal parts. If it happened differently and one of the parties received the most, then the debt obligations will also be unequal. So, if a husband is awarded 2/3 of the total property, then 2/3 of the debt will be given to him.
Documents for the court
If the price of the claim is less than 50,000 rubles, the documents must be submitted to the world court. If the cost is higher, it will be dealt with by the district court.
The application must be accompanied by the following documents:
- Passport or other identity card.
- Certificate about the divorce (the copy must be notarized).
- Documents for the disputed property: checks, warrants, technical passports, receipts, certificates of ownership.
- Certificate of the composition of the family.
- The paid state duty.
Witness statements do not have a significant impact on the division of property after the divorce.
Statute of limitations
Judicial practice in divisions of property is notquite unambiguous. According to Art. 9, clause 7 of the Criminal Code of the Russian Federation, a court can be submitted within three years. But the catch is that these years are not calculated from the moment of divorce.
Where does the countdown come from?
It seems the division of property after the divorce, the termwhich has not expired, should occur no later than three years after the receipt of the document evidencing the disintegration of the family. However, not everything is so simple with this question.
Three years begin the counting from that moment,when one of the parties learned of a violation of his property rights. Also the date of counting is the day when the spouse should have found out about it. This approach to the issue significantly changes the situation, because the division of property after the divorce, the limitation period (5 years, and 10, and even 30, the rights may not be violated) which hypothetically extends - it's quite another matter. Often it happens that a man leaves all his wife, judging that the property must go to the children and abandoned wife. But over time and the emergence of a new family, its priorities can change, unsolved housing issues will require recourse to the court for the division of property.
Do I have to hurry with the section
It is difficult to imagine that a modern person has no idea of the terms of the limitation period. Nevertheless, it is not unusual for one or both spouses to rush to share property.
Despite the possibility to divide the acquired and afterthe expiration of three years, the reasons for this should be very weighty. Most experts recommend not to delay the division of property after the divorce. The statute of limitations ends in 36 months, and the fate of the claim filed later depends on the judge. Moreover, strong evidence is required that the spouse had not previously known about the violation of his rights.
If, for example, after the divorce the spouse leftapartment to his wife, but after some time he learned that the property was sold or other people settled there, he has the right to demand a section. And the countdown of three years begins from the day when the ex-husband learned about the fate of the apartment.
It should be understood that when the section is postponednot only does the price of real estate grow, but also the amount of legal costs. In addition, the longer one of the spouses individually uses common property, the more difficult it will be to get him to share property. Laziness, nobility or national hope for "maybe" can cost a large part of the total savings. Do not pull with the section, it is better to apply to it simultaneously with the divorce.
Judicial practice in the division of various propertyand the debts of the former spouses is very extensive. To understand the general trend, you should consider as many examples of similar cases as possible. A few cases will be considered below.
Example with credit
During the marriage, the couple took a loan for the car. The contract was concluded in the name of his wife, who used the car before the divorce. Payments for the loan were made from the family budget.
After some time, the wife filed a lawsuit on the division of the loan. She showed that the debt was partially paid, and demanded to divide the balance equally between her and the ex-spouse.
Having studied the circumstances, the court decided to satisfy the claim in full, to leave the car to his wife, but ordered her to give the wife an amount equal to the cost of the car.
In the trial, the former spouses concludedagreement. Their contract allowed the woman to leave her car, not to pay money, but her husband should not pay the loan. The agreement was approved by the court.
Example No. 2
In marriage, the couple got an apartment,machine, children are born. After 20 years of married life, the wife said that she was going to another, and filed for divorce. The ex-husband who was in a state of shock left his parents, forgetting about the common apartment. He only took a car.
In 4 years, the former husband learned that the apartmentsold. He appealed to the court with a demand to divide the funds received under the transaction of joint property. However, the court denied his request, as the statute of limitations expired.
Example No. 3
A married woman left for another city,because her father needed care. A year later the spouse sent her documents for the divorce, which she signed. Return to her city she was able to 5 years after his father's death. She could not get into a co-habitation with her husband, because his new wife drove her out of there.
The woman asked the court to restorestatute of limitations. An experienced lawyer managed to prove her rightness, as a result of which the court restored the term, and the former spouse was able to get half of the total property.
No matter how hard the divorce is from the moral point of viewyou can not give in to emotions. First of all, it is necessary to comply with their interests and get everything that is required in such cases by law. The best way is to make a list of common property and go with him to a specialist who will make a voluntary agreement in a cool and competent manner.
If the negotiations with the second party will goa lawyer whose head is not clouded by feelings, there is the opportunity to avoid litigation, additional spending and peacefully share all acquired by overwork.