How to sue a house from your ex-husband. Division of property after divorce. What chances does the wife have to sue for something? How can one prove that the debts went to the needs of the family? What if it’s a cash loan or a non-targeted loan?

Slaykovskaya Elena Vladimirovna(05/23/2012 at 11:29:56)

Dear Mikhail, first of all you need to know: was the apartment purchased BEFORE or AFTER? If the first thing is that the apartment is yours, feel free to dispose of it. If it’s the latter, you’ll have to fight for it. The fact is that there is a legal presumption: according to Article 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is community property, regardless of whose name it was acquired in. According to Article 39 of the RF IC, the shares of spouses are usually considered equal. Thus, if we leave everything as it is now, then the position of your ex-wife is this: by virtue of the law, she has the right to a 1/2 share in the disputed apartment, and she has the right to demand documentation of this right for further disposal. in this case are met. However, Part 2 of Article 34 of the RF IC establishes that the common property of the spouses is movable and immovable things, as well as any other property acquired by the spouses during the marriage, acquired at the expense of the _common income_ of the spouses. In accordance with part 3 of article 256 of the Civil Code of the Russian Federation, paragraph 1 of article 36 of the RF IC, paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 15 of November 5, 1998. “On the application by courts of legislation when considering cases about” (as amended by Resolution of the Plenum of the Russian Federation No. 6 of 02/06/2007), property acquired, albeit during marriage, but with the personal funds of one of the spouses that belonged to him before marriage, received as a gift or as a gift. Thus, you must prove that the disputed apartment was purchased at the expense of your personal pre-marital funds, and therefore is your personal property. There are three main problems here. First: Despite the fact that in accordance with clause 3 of Article 244 of the Civil Code of the Russian Federation, clause 1 of Article 33 of the RF IC and clause 1 of Article 42 of the RF IC, the regime of joint ownership of the property of one of the spouses can only be established until it has not been proven that the property is your personal, the lack of a marriage contract works against you. The court refers to the fact that you did not stipulate in the marriage contract that the apartment would be yours personally, therefore the regime of such property is legal, i.e. common for spouses. Second: since the cost of the apartment clearly exceeds 10 minimum wages, the court believes that, according to clause 2, part 1, article 161 of the Civil Code of the Russian Federation, you and your wife should have stipulated that the apartment is yours, in writing, and by virtue of article 162 of the Civil Code of the Russian Federation Failure to comply with the written form deprives you of the right to use witness testimony as evidence of such an agreement. However, you can provide other evidence (written, video, etc.). Third: you have the responsibility to prove to the court that the funds with which you paid for the disputed apartment are yours personally. Typically, such evidence is: a contract for storing funds, a bank account statement and similar documents, from which it is clear that you had the money BEFORE registering the marriage, and you cashed it (received it in your hands) on the day of the transaction to buy an apartment. Otherwise, it is impossible to prove the identity of this money. Therefore, soberly evaluate your evidence. As for the possibility of disposing of this apartment at the present time, usually when dividing property, the plaintiff demands the adoption of interim measures, for example, a ban on disposing of the property before the adoption. If measures to secure the claim are taken, you will not be able to sell the apartment in principle. If measures to secure the claim were not taken, then the Office of the Federal Service for State Registration, Cadastre and Cartography, or when submitting documents, will require your ex-wife’s notarized written consent to such a transaction, or will notify her of the transaction, and within one year she will have the right challenge this deal.

Zhanna Margulis, family lawyer

“Your Honor, divorce me from this courtesan. How long did she do this before I left! What a shame, what a shame!” - the plaintiff shouted in the courtroom when her honor just left the deliberation room to declare the meeting open.

I recorded this statement on paper. and decided for myself that I would certainly use the public accusation of my client for engaging in prostitution, if the court, of course, reflected this fact in the protocol.

The judge sat down silently at the table, after which she announced that she was hearing a case on divorce and division of jointly acquired property in the form of a car purchased by the wife with allegedly “dirty earned money.”

We went through this process together with the client. My offer to learn a lot of new and interesting things about myself was accepted instantly(what was the husband’s first phrase already worth). The client immediately forgot about the petition asking for a period for reconciliation.

At the first meeting with the client, it seemed to me that the matter was not worth a damn, that the court itself would decide whether to divide the car or leave it with the wife. However, things took an interesting turn after the client reported that In addition to his main job in the office, he works part-time in his free time, providing telephone sex services.. Moreover, she worked part-time in this way even before the wedding, which her young husband knew right away. He took this information lightly and cheerfully, praising the bride’s ability to make money from the air.

And yet, the situation with filing a claim arose precisely because the phone was left in the wrong place. The husband read in it a correspondence with a friend, who admired my client’s ability to please men over the phone for money. But the fact that this happened over the phone did not appear in the correspondence. As a result, the husband's fantasy led him to the decision to leave his wife. And six months later, my wife bought a car.

According to the rules of the judicial process, the first word is always given to the plaintiff, and this meeting was no exception. The husband spoke for a long time, interjecting every word various synonyms for the word "courtesan", complaining that he only recently decided to file for divorce, although he should have done this a year ago, when he realized what a dirty business his wife, an escort, was doing.

When the judge asked me if I had any questions for the plaintiff, I answered “yes” and addressed him:

Do I understand correctly that in your opinion the defendant was selling herself?

I understand correctly that you knew about how does your wife do?

Yes! She earned dirty money! That's why I left her!

The judge was already smiling silently and understood what I was getting at.

Continue, lawyer, continue if you have any more questions.

Of course there is,” I answered joyfully and turned again to the client’s husband.

I understand correctly that you think that the car you are claiming to partition bought with dirty money?

Yes! You can’t buy such a car with a salary,” the husband, already in a raised voice, tried to convince the court and me that his wife was a fallen woman.

You have to pay for everything! Let him now pay for his shattered hopes!- Satisfied with his clearly prepared speech in advance, the husband finished his speech.

I just smiled and asked the court to apply paragraph 4 of Article 38 of the Family Code of the Russian Federation, according to which: “The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them.”

And the court, you know, left the car in the possession of my client without paying compensation to her husband, and not at all because she earned money by indecent behavior, which was never proven during the consideration of the case, but because in the lawsuit itself the husband indicated that the wife independently purchased a car after the end of the family relationship, and he had nothing to do with it.

The husband was disappointed by the court's decision and said a bunch of nasty things about his now ex-wife, which slightly saddened her, but the joy that her ex-lover would not receive compensation from her quickly brought my ward to her senses.

Trust your loved ones and be happy!”

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He sells this property. Further, the spouse who participated in the acquisition of this property during marriage may apply to the court with a demand for payment of compensation for part of the value of this property.” By law, there is a statute of limitations of 3 years. But it is calculated not from the moment of divorce, but from the time when the ex-spouse became aware of the sale of common property, says Vladimir Yurasov, managing partner of the Moscow bar association “Yurasov, Larin and Partners”: “We have a general limitation period provided for by the Civil Code.” Code - 3 years. During this period of time, the plaintiff has the right to assert his rights. 3 years is from the moment when the right was violated or when the person learned about it.” This formulation gives former spouses a virtually unlimited time opportunity to claim their share.

Division of property 10 years after divorce

Although for them everything begins as soon as the ex-spouse goes for a consultation with a lawyer (preferably a good one). Article 38 of the Family Code says nothing about the beginning of the statute of limitations. Article 9 of the Family Code, which regulates the general principles of applying the limitation period to family relationships, refers to the norms of civil law. Clause 1 of Art. 200 of the Civil Code determines that the limitation period begins from the day when the person learned or should have learned about the violation of his right.

The Supreme Court adheres to the same position on family legislation (clause 19 of the Resolution of the Plenum of the Supreme Court Russian Federation dated November 5, 1998 N 15 \"On the application of legislation by courts when considering divorce cases\") Thus, one of the former spouses can turn to the other with a demand regarding the division of property, for example, after 20 years.

beauty

My grandmother, being officially married to my grandfather, purchased an apartment. The contract states that the apartment is jointly owned by the spouses. 10 years ago they divorced in the registry office without claims to each other and any disputes. My grandmother has been living in the apartment all this time. The question is, can a grandfather, 10 years after the divorce, claim a share in this apartment? Olga There is an answer Answered by Svetlana Nikolaevna Pogodina Lawyer Has the right if he did not know that she sold it and would be against such a sale.

Art. 35 RF IC 1. Possession, use and disposal of the common property of spouses is carried out by mutual consent of the spouses. 2. When one of the spouses makes a transaction to dispose of the spouses’ common property, it is assumed that he is acting with the consent of the other spouse.

Can my ex-wife sue for her share of my property?

The procedure for dividing property between spouses in a lawsuit consists of approximately the following steps:

• Determination of the spouses' shares in joint property (in some cases, it is possible to deviate from the principle of equality of shares - by consent of the spouses or on the initiative of the court);
• Determination of property to be divided;
• Identification of the presence/absence of claims to property from third parties;
• If necessary, seizure of property in order to protect against illegal attacks;
• Determination of property not subject to division;
• Distribution of property between the parties in accordance with shares;
• Distribution of debts between the parties in accordance with shares;
• Negotiation of monetary compensation.

Based on the results of the trial, a court decision is made, which comes into force after 1 month.

Is it possible to claim the property of a spouse 10 years after a divorce?

Who should own family property? First of all, it is necessary to turn to family law, which clearly and clearly defines personal and joint marital property. These provisions should be taken as a starting point from the very beginning when undertaking a division. Joint property So, according to Article 34 of the RF IC, the category of joint marital property includes everything that was acquired during the marriage:

• Movable and immovable property;
• Money (wages, business income, fees, scholarships, pensions, social benefits);
• Deposits, bank deposits, shares in capital, securities;
• Other acquisitions.

Everything that was acquired by spouses during family life belongs to them on equal rights.

How to sue for property during a divorce?

Scroll necessary documents, which must be attached to the statement of claim, you will find in the article “What documents are needed for the division of property during a divorce.” If the claim has already been filed by the second spouse, it is very important to timely file a counterclaim or an objection to the statement of claim, which will set out the position of the defendant, present evidence and make demands for division of property. To correctly draw up a counterclaim, read the article “Counterclaim for the division of jointly acquired property”, and the article “Objection to the statement of claim for the division of jointly acquired property” will help you draw up an objection.
During the trial, the parties may submit written clarifications, explanations, and additional evidence related to the subject of the dispute.

Division of property of former spouses after divorce

Is it possible to win a larger share in a divorce? So, according to family law (Article 39 of the RF IC), if property is joint, it means it is subject to division between husband and wife equally. This - general rule, however, it has a few exceptions. We mentioned the first exception above - spouses have the right to draw up a marriage contract, according to which shares in joint property can be any proportional ratio, if their property rights are not violated, if none of the spouses is in an extremely disadvantageous position.

The second exception is a deviation from the rule of equal shares at the initiative of the court.
Home / Division of property / How to sue property during a divorce? Views 1103 Contents

• 1 Who should own family property?
  • 1.1 Joint ownership
  • 1.2 Personal property
  • 1.3 Controversial aspects of joint and personal property
• 2 Equality of shares. Is it possible to win a larger share in a divorce?
• 3 How to sue property during a divorce? Procedure
  • 3.1 Features of the legal process for the division of property

If such a serious property dispute arises between spouses, which is difficult to resolve through oral agreements and their subsequent compliance, it is impossible to do without the procedural actions provided for by law. There are jokes among lawyers specializing in family disputes over the division of property that the first person to take everything out in a boxcar wins a property dispute.

How to win a share in your wife’s apartment 10 years after divorce

Attention

If you can prove in court the fact of investment of funds and other resources, you can achieve the division of this property or receive monetary compensation from its legal owner. Evidence may include appraisal documents, photographs, receipts for the purchase of tools, parts, materials, contracts for work and services, and witness statements. A difficult issue is the issue of dividing privatized real estate.

Depending on when the privatization was carried out (before marriage or during family life), both spouses or only one of them took part in the privatization procedure, the ownership of real estate depends. If the privatized property belongs to only one of the spouses, it is almost impossible to sue it, but in some cases it is possible to obtain the right to live in the premises. Equality of shares.
The ex-husband went to court demanding his share. He claimed that his ex-wife did not inform him of her desire to manage the apartment herself and did not ask his consent to do so. Courts at various levels sided with the woman - on the basis that the man had not previously demanded the allocation of his share in the apartment and, moreover, did not challenge the sale and purchase transaction itself. But all these decisions of lower courts were overturned by the Supreme Court.

And thereby restored justice, says lawyer Andrei Bezryadov. Former spouses are not required to divide property immediately after a divorce: “In practice, this is applied as follows: spouses divorce, no division of property occurs. Then the title owner, to whom this property is registered, after some time (maybe even after 10 years) decided to sell the property that belongs to him on the basis of a certificate of title.

The more convincing the position of the plaintiff or defendant, the stronger the evidence base, the greater the chance of winning the case. According to the law, each party must prove the circumstances that form the basis of the claim. Evidence in a property dispute can be very diverse - contracts, certificates of ownership, cadastral, technical, appraisal documents, receipts, checks, certificates, bank statements, other documents, photographs, witness statements, audio and video recordings.

The court will understand the legal position of the parties much better and faster if it is correctly stated in the document and supported by evidence. But it is not always possible for a husband or wife to prepare a reasoned claim or objection - this happens due to a lack of experience and knowledge of the law.

Info

During the marriage, a cooperative 3-room apartment was purchased, which was first registered in the name of the husband. In 1992, my husband transferred the apartment to my (wife’s) name. Divorced from her husband in 2000. During the divorce, property was not divided, the children stayed with me (three children), my husband paid alimony, and lived separately.

The apartment was privatized using my privatization certificates and entered into the land register. Can the husband now file for division of property, or rather, for division of this apartment? Your husband cannot do anything with the apartment (the statute of limitations for the requirement to divide the common property of the spouses has passed - Article 38 of the RF IC). But this does not mean that he loses ownership of this apartment (regardless of the fact that you are the owner of the apartment.

In any case, it was acquired during marriage, therefore, it is common joint property).

During a divorce, dividing any valuable property is usually a difficult task for both spouses.

In this case, one of the most common problems in 2019 is the division of an apartment.

Let's figure out how an apartment is divided during a divorce if the owner is a husband.

On the one hand, the situation with the division of property between spouses regulated by law does not seem so complicated.

Let us denote the following options for the division of jointly acquired property (what the married couple acquired together during the existence of their marriage):

How to allocate a share in an apartment to your wife? In general, the issue of dividing an apartment into shares is resolved in only two ways:

• thanks to a voluntary agreement that each owner enters into;
• by court decision - this option is resorted to if it is not possible to divide the property peacefully.

If a peaceful agreement cannot be reached, then when dividing the apartment, both spouses must take into account the following factors:

Why is it so important to consider all the above factors? The whole point is this: only the owner has the full right to dispose of his property, and all other family members have the right only to use this property.

How is the house divided during a divorce if the husband is the owner? Let's take a closer look at the situation.

It is worth recognizing that there are also situations when all residential real estate ends up being owned by only one of the spouses.

This applies in the following cases:

On the other hand, division of an apartment that is not subject to division is still possible in the following cases, subject to a number of conditions:

In addition, it is important to consider that if a spouse goes to court regarding the division of property, then he has a chance to get his share even if the apartment is privatized by the ex-spouse or if it is inherited, gifted to him or he bought it before marriage.

So how can you sue your husband for an apartment?

It is quite possible to win your share if you prove to the court that personal funds or from the general budget were spent on the maintenance of this apartment, which significantly increased its real value (for example, if the wife paid for expensive repairs, legalized redevelopment, bought built-in furniture, etc. ).

If the court considers the arguments presented to be compelling, it may decide to transfer this apartment to joint ownership. Then both former spouses will have absolutely equal rights to it.

Let's consider what rights a wife has if the apartment was privatized in her husband's name.

The law of our country has established that if real estate was privatized in the name of the husband before the marriage, and the wife was not registered in it at that time, then the apartment is only the property of the husband.

Therefore, in the event of a divorce, the spouse, having lost the status of a family member, also loses the right to use this apartment. The court may make a decision (the husband, the owner of the property, must file a claim) to evict her from this residential premises.

If the spouse is not the owner of the premises and did not take any part in its privatization, but lived in the apartment during this period and was registered at this address, then she has the right to reside in it on a permanent basis, but at the same time she is deprived of the right of disposal.

Can a husband sell an apartment without his wife’s consent if he is the owner? Yes, the husband has the right, at his own discretion, to take such and similar legal actions with housing, including its sale.

Can a husband discharge his wife without her consent? If the ex-wife continues to live in the house, does not damage anything and pays the required share of utilities, then it will not be possible to remove her from registration.

The court may recognize deregistration as justified only if, after the divorce, the ex-wife voluntarily moved to live in another house, but does not pay the required portion of utility bills.

How is an apartment divided during a divorce if the owner is a husband and has a child?

The principle of dividing common property (50 to 50) remains in force in such a situation.

However, the court can increase the property share of the divorcing spouse with whom minor children remain after the divorce is finalized - it all depends on whether the children are the owners of real estate.

Let's take a closer look at this situation:

1. If the child is not the owner. Then the apartment will be divided in half if it was purchased with common money during marriage.
2. If the child is the owner. In this case, children can also claim their share of the living space. It should be borne in mind that the child’s share cannot be divided between spouses, but it is only added to the share of the parent with whom the child will remain.

If the ex-wife did not work during the marriage, so she did not have a source of income, nevertheless, she has the same property rights upon divorce with the financially providing spouse.

For the court, housekeeping and raising children will serve as compelling reasons to award division of family property in half.

However, the court can also reduce this proportion if it can prove the following:

1. The wife did not work throughout the marriage, although there were no good reasons for this. For example, raising children and running the household were carried out by people specially hired for this purpose.
2. If the spouse regularly reduced family income, he used it irrationally. For example, if he had large gambling losses or spent money on drugs or alcohol.
3. When a spouse is serving a sentence by a court decision.

All of the above reasons may lead the court to decide to reduce the portion of the property due to the non-working spouse.

So, during a divorce, dividing property can be a rather unpleasant and difficult process for both spouses.

In order to avoid most of these problems, it is important to timely conclude a marriage contract, which stipulates in detail what remains with each of the divorcing spouses in the event of an annulment.

It is worth considering that a marriage contract has legal force if it is stated in writing and certified by a notary.

If a contract has not been concluded, and a peaceful division of property is simply impossible, then it is best to consult an experienced lawyer.

Thanks to this, you will be able to find out exactly what share of the common property you can count on in your particular case.