How not to lose money during divorce and division of property?

If marital relations have reached an impasse, it is difficult to maintain clarity of thought and avoid an influx of emotions, it is not recommended to resolve important property issues. However, often a husband and wife will divide property in the midst of a divorce. At the same time, few people show nobility in court. Judges do not always see common sense in the judgments of those divorcing. In order to prevent the most pessimistic development of events and not be left with debts, without housing and with resentment in your soul, you need to maintain clarity of thought. Entrust your case to a lawyer - someone who will show foresight, take into account your interests, and save money and nerves. Let's figure out how to divide property through the court during a divorce, violating the 50/50 principle.

How to avoid losing money during a divorce?

Attempts to independently agree on the division of property often end in failure, and spouses divide property through the courts. Many are guided not by considerations of legality and justice, but by the desire to take revenge or take revenge. The spouses are trying to hide accounts, apply for loans retroactively, and transfer real estate to relatives and friends.

Most of these initiatives are stopped by the court, and the costs of the trial increase. The judge often decides to split everything discovered (including canceled illegal transactions) in half. On the other hand, a third party brought in to prepare fictitious documents can take advantage of the situation and put everything reissued for themselves without returning it to the true owner.

Important: How much does a divorce cost if you don’t involve a lawyer? Depends on what issues need to be resolved through court and how much time and effort you are willing to spend.

In order not to fall into the traps of the party that seeks to increase its share, and the one that is afraid of infringement of interests, it is better to invite a family law lawyer. If it was not possible to agree on the division calmly, then you should not sign anything on emotions. It is the lawyer in this situation who will play the role of a clear head, not clouded by feelings. It will protect you from fraud, will not delay the process, and will help you find hidden assets.

Apartment for three

The situation, which was studied by the Judicial Collegium for Civil Cases of the Supreme Court, looked standard - the couple decided to get a divorce after being married for more than ten years. True, they could not agree on property. And they had to divide it in court.

There are cases when the court may deviate from equality of shares if there are serious reasons

According to the ex-wife, she should have received two-thirds of the joint property. Her argument is that their common child remains to live with her. And the ex-husband will get by with a third.

There is a certain general rule enshrined in the law - all the property of the spouses that they acquired during marriage is considered joint until the contrary is proven.

The only exception to this rule will be the personal property of each spouse. As a general rule, all assets purchased by either spouse during their married life are also divided equally. Indeed, there are circumstances in which the court may deviate from the division equally. Children may be such a “circumstance.” After all, after the divorce they will live with either dad or mom. There are no other options. Therefore, it seems reasonable that the parent with whom the child will live can ask for more when dividing property.

The Industrial District Court of Smolensk dealt with the division of property in the lawsuit. What the divorced people had in common was two cars and a plot of land. The couple also bought an apartment with a mortgage. A year before the divorce, they paid off the loan. But they haven’t yet managed to register housing as shared ownership with their children.

According to the man, the plot and cars should be divided equally. According to the woman, she needs to give more, because it is with her that two minor children remain to live - their common son and the woman’s daughter from a previous marriage.

The district court listened to the parties and decided that all the property should be divided in half. The court left the ex-wife a Toyota car, and the husband received a Mazda.

The district court also ordered the husband to pay his ex-wife 60,000 rubles. This was the difference for the excess value of his share in the common property. Plus, according to a court verdict, a man must pay monthly child support in the amount of a quarter of his earnings. Regarding the land plot, the court decided: to recognize the parties' right of common shared ownership of the land in equal shares.

The ex-wife did not agree with this decision. The woman protested it in the Smolensk regional court, where her arguments were heard

The appeal came to the conclusion that in this dispute the lady is still owed two-thirds of the acquired property. In support of this conclusion, regional judges referred to the presence of “personal hostility” between the parties and the need to deviate from the principle of equality of shares of spouses in common property for the sake of the interests of children.

Another important reason for the regional court was that the ex-husband did not register a share in their apartment for his son, for which he and his wife paid off the loan. The Smolensk Regional Court ruled that the wife should take the entire plot for herself, and the ex-husband still had to pay her an additional 176,666 rubles.

Now the husband did not agree with this division. He appealed the decision of his regional court to the Supreme Court of the Russian Federation.

There the dispute was studied, and the Judicial Collegium for Civil Cases of the Supreme Court stated the following.

The Smolensk Regional Court did not specifically explain whether the father violated the rights of his child in any way. And why, in order to protect the interests of a minor son, it is necessary to award his mother two-thirds of the total property. The appeal also recognized the spouses’ relationship as “mutually hostile.” On this basis, the regional court decided to reduce only the husband’s share. That the decision was erroneous, the Supreme Court observed.

In addition, the Judicial Collegium for Civil Cases recognized the reference to the failure to register the son’s share in the apartment as incorrect. Firstly, the wife did not do this either, and secondly, the disputed real estate is not the subject of the dispute.

As a result, the Supreme Court overturned the decision of the Smolensk Regional Court and upheld the decision of the district court. Such a decision means that, in the opinion of the high court, the decision of the district judges was correct - to divide the property equally in this particular situation.

But this is not an “iron” rule. In reality, there are cases when the court may deviate from the principle of equality of shares, finding serious reasons for this. And it may be taking into account the rights of the child. As a rule, the courts “take the side” of the unequal division of property if there is a disabled child and he remains with one of the parents, if this parent has a small income, if the second parent does not help the one with whom the child lives. The personalities of the parents also influence such a court decision. But we must take into account: unequal division of jointly acquired property is a right, but not an obligation of the court.

How not to go broke when dividing property?

Is it worth using free consultations or should you immediately prepare to pay for a specialist’s work? Of course, you can go to the first consultation for free and during it you will find out that your situation is much worse than you previously thought, and how much you will have to pay if you do not immediately sign a contract for services. Be careful, most likely you will simply be scammed out of money, since free cheese can only be found in a mousetrap.

Avoid obviously fraudulent “free” offers. The work of a lawyer is a complex process that requires appropriate payment. A decent specialist, when making an appointment for the first visit, will tell you the approximate amount that representation in court will cost. An experienced lawyer knows all the intricacies of the law and will try to find legal loopholes that make it possible to violate the principle of equivalence of shares.

During a divorce, everything that each spouse acquired during the marriage will be divided. The total mass will include:

earnings;
income from deposits and shares;
securities and shares in companies;
shares and deposits;
real estate;
cars;
jewelry and luxury items.

Prudent people enter into an agreement on the division of property. It can be issued during marriage, during the divorce process and after it. The statute of limitations for such cases is standard - 3 years, but it is better not to delay the division, since calculation of this period may arise during legal proceedings. In addition, the cost of things changes over time, for example, a car loses significant value every year of operation.

It is better to file a claim for division of property separately from the petition for divorce. These processes should not be combined. This will allow you to quickly receive a divorce stamp, and then slowly resolve property disputes. Otherwise, the divorce process may drag on significantly due to disputes about the ownership of the apartment, car, as well as loans and debts.

What are the risks of delaying a divorce?

We have already talked about the fall in property values. The amount of debts may change in the same way. If the husband and wife do not agree on who to pay on the loan, regular payments are missed, and penalties and fines are quickly added to the debt.

While there are disputes about the division of property, former spouses may form new families and have children. While the court is considering a general claim for divorce and separation, children will be born and go to kindergarten in single-parent families.

Any person who has gone through a divorce will confirm that it is necessary to go to a lawyer even before filing an application to court. A lawyer will warn you about the various nuances of the process and help you avoid the most losing steps.

Required documents to file a claim

In order to file a claim, you will need:

a copy of the plaintiff’s passport, as well as the defendant’s (if possible);
copies of birth certificates of all minor children.
copies of documents on marriage and divorce.
title documents for property, as well as all related documents, such as technical passport and others;
copies of the claim by number of parties;
copy and original receipt of payment of state duty.

Voluntary division of property

Voluntary division of property is possible even during marriage. Family law experts advise even wealthy spouses to draw up and notarize an agreement on the division of property or a marriage contract. It will reduce the likelihood of minor everyday disputes on the topic “who earns more”, as it will delimit property interests and protect the rights of each party.

A voluntary agreement on the division of property is drawn up in writing. It must be dated and signed by the husband and wife. We recommend that you show it to your family lawyer before signing the document. If it contains provisions that violate the law, then such a document will be considered invalid; in addition, it may infringe on the rights of one of the parties without even suspecting it.

Not everything purchased during marriage is considered joint property. So, for example, if married spouses purchased an apartment partially with funds from the sale of the husband’s premarital apartment, then it is impossible to say with complete certainty that the new apartment will be divided in half during a divorce. The husband has every right to demand that part of the apartment purchased with money from the sale of his premarital real estate be recognized as his personal property and excluded from the property subject to division between the spouses. A family lawyer will guide you into all such nuances of property division.

Guardianship authorities and their role

When dividing an apartment and having minor children, parents must be prepared to meet with the guardianship authorities. Their tasks:

monitoring compliance with all rights of minors;
checking living conditions;
control of transactions with property in which the child owns a share.

Guardianship authorities do not have the right to interfere in the process of dividing property between parents; their task is to control that the living conditions of the children do not deteriorate, and during the division of the apartment the children do not receive less square meters than in their previous housing.

How to divide a one-room apartment in court?

The division of a one-room apartment in court will consist of the following stages:

Collection and preparation of documents. If the plaintiff is the owner of the apartment, it is necessary to prepare all available title documents: an extract from the Unified State Register of Real Estate, a purchase and sale agreement, a transfer deed, a certificate of ownership (currently not issued) and other documents. If the owner is the defendant, it is necessary to provide all the documents in hand for the apartment and file a petition with the claim to obtain evidence, namely information from Rosreestr about the apartment. We also recommend preparing a petition to secure the claim in the form of seizure of property.
Preparation of a statement of claim and sending it with copies of attached documents to the persons involved in the case. To participate in such disputes, Rosreestr is involved as a third party; banks (if credit funds were used) and construction organizations can also be involved.
Litigation stage. The division of property is rarely limited to one hearing; you should be prepared for several hearings, especially if, in addition to a one-room apartment, there are other disputed objects.
Making a court decision. The parties can also end the case by signing a settlement agreement. The decision is given one month to enter into force from the date of its production in final form. During this period, it is possible to appeal to a higher court. Until the complaint is considered, the decision will not come into force.
After the decision with a court mark on entry into legal force is received, you should contact the MFC and register ownership.

State duty

The state duty is calculated based on the size of the claims.

At the stage of filing a claim, it is not necessary to provide an assessment of the market value of a one-room apartment; you can calculate the state duty based on the cadastral value. Information about the cadastral value of real estate is publicly available on the Rosreestr website; all you need to know is the address.

If the plaintiff wishes to receive monetary compensation, it would be in his interests to have the market value of the apartment assessed.

Let's calculate the state duty for a one-room apartment in Moscow worth 6,000,000 rubles. Let's assume that the plaintiff wants to receive ownership of 1/2 of the apartment as a result of the division of property. The price of the claim in this case will be calculated as: 1/2 * 6,000,000 = 3,000,000 rubles.

The state duty is calculated according to the rules specified in Article 333.19 of the Tax Code of the Russian Federation.

State duty = 13,200 + 0.005 * 3,000,000 = 23,200 rubles.

The formula for calculating the state duty changes depending on the size of the claim!

You can also use the online state duty calculator.

How are debts and mortgages divided?

General debt obligations and loans, if the money was spent on the family, when dividing property, are divided fifty to fifty or in proportion to the shares of the awarded property, if the shares are unequal.

Everyone pays their personal debts for themselves.

It's more difficult with a mortgage. The spouses can agree that the one who remains to live in the apartment or in whose name the mortgage is issued will pay, and the other will transfer part of the money to the one who pays. Then sell the apartment and divide the money.

Many people prefer to sell their mortgaged apartment. Another option is to contact the bank and conclude 2 loan agreements - each for 50% of the total debt (or in another ratio). This way, everyone will be responsible only for their share, without being responsible for the delay of the other.

The fastest option for dividing a mortgage is when one spouse buys out the other’s share.

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