Division of property summary

When does property division occur?

You don't have to wait for a divorce to do this.
Property can also be divided during the RF IC, Article 38. Division of common property of spouses. Moreover, this does not always happen on the initiative of the spouses. If one of them owes money to someone, the creditor has the right to go to court with a demand to allocate the defaulter’s share. In this case, the lender will return his money from the property of the debtor specifically, and not his family. The statute of limitations is three years from the moment the person became aware of a violation of his rights.

Konstantin Kondalov

director of legal

For example, during a divorce, the spouses agreed not to divide a three-room apartment right away, but to do so if necessary. Five years pass, the ex-husband gets married, a child is born, and the question of living space arises. The ex-wife refuses to share the apartment. It is from this moment that the three-year limitation period begins.

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T.E. Aleksina - true friend

and to my assistant -

The hearing of the case was scheduled for twelve o'clock... And I ran at eleven in the morning to talk with the judge in advance, to tell her about what only I knew in detail. The people's court was located on the ground floor and seemed to be the above-ground foundation of a huge residential building, made of convex gray stone. “In all his apartments,” I thought, “people live and communicate who probably have nothing to judge for... But many need to be judged. And in time, so that later you don’t have to find out the truth on the first floor, where near the door, on the glass with whitish islands, it was written: “People’s Court.”

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Everyone perceives the surgical operation that he has to endure as perhaps the first in the history of medicine, and he thinks about his death as the only one in the history of mankind. The trial, which was scheduled for twelve o'clock, also seemed to me to be the first trial on earth. However, two hours before, the hearing of another case began. Something similar. But only at first glance, because that day I realized: legal proceedings, like people’s characters, cannot be twins.

The room, which was called the meeting room, was overcrowded. Through a crack in the door, plastered with notices and orders, I saw a judge sitting in a pretentiously high chair. She was about thirty years old, and her face did not show the greatness of a person who decides the fate of others. Bending over her ceremonial table, like a schoolgirl over her desk, she looked at the long, thin man, as if squeezed out of a tube, who stood with his back to me, with childish bewilderment and even fear... Although for me she herself was a person with a frightening position.

The people's assessors were not visible through the narrow gap. Suddenly the door swung open, and a young, plump woman with such a sore face fell out into the corridor, as if she was the main character of everything that was happening in the hall. The woman hit me with the door and didn't notice it. With finely trembling fingers, she pulled out a cigarette, broke several matches, but finally lit a cigarette, tightly plugging the newly formed gap. She smoked into the corridor, and with her ear and eye, like magnets, she attracted everything that happened behind the door.

-Who is being judged there? – I asked.

The woman didn't answer me.

“Mom, understand, I want everything to be according to the law, in fairness,” came from the hall through the crack the too loud, disbelieving voice of a man squeezed out of a tube.

There was a pause: the judge probably said something. Or mom, whom he called “you.”

- What's there? – I turned again to the woman with a sore face.

She didn't hear me again.

On the street, the fading summer did not want to look like autumn, like a person of retirement age who did not want to go on a “well-deserved rest” and was trying his best to look younger.

In my favorite novels of the last century, mothers were often called “you”: “You, mamma...” There was nothing unnatural in this: each time has its own fashion for dresses, hairstyles and manners of communication. In the villages, I knew, mothers are still called that way: there it is more difficult to part with customs. But in the city this “you” always seemed to me incompatible with the age, an aloofness masquerading as respectfulness and delicacy.

“According to the law, according to justice...” – I heard similar words quite recently from other lips. Most often, I noticed, they are used when they want to stand against justice: if everything is fine, why shout about it? We do not admire the fact that blood flows in our veins and our heart beats in our chest. Now, if it starts to fail...

It was somehow uncertain outside, not seriously, but it was still drizzling. I returned to the corridor and again approached the woman, who seemed to have turned into some kind of recording device.

– There will be a break soon, don’t you know? – I asked, because there was no one in the corridor except her.

She looked away from the crack and shouted to me in a whisper: “Don’t interfere!” – as if I were present at a concert of a great pianist and was afraid to miss even one note, even one bar.

“Surely it should be soon,” I decided. “And we can talk, consult…”

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I spent the whole night rehearsing my conversation with the judge. I came up with phrases that I hoped, having heard from me, she would remember and repeat during the trial.

But the conversation dragged on, and I, like a student before the exam door, again began to memorize facts, arguments and dates. They imperceptibly stretched into a tape of memories - not only my own, but also those of others, which were repeated so often in front of me that they also became mine.

I knew that before there were “family estates”, “family foundations”, “family nobility”...

And I had a birth trauma. The obstetrician was momentarily confused and hesitated. And in my head, which had not yet had time to think about anything, a hemorrhage occurred, but, as one of the doctors who treated me said, while consoling my mother, it was “of a limited nature.” My character was “limited,” but abnormality took hold of my entire body and became universal. Unfortunately, I don’t have any personal impressions of that first day of my life. But the story of my illness went down in history: not because I got sick, but because I was eventually cured. This was a unique case. And my infantile cretinism even ended up in textbooks. There are many ways to become famous!

I was in awe of doctors. With ingratiating hope, she looked into their eyes... But more than once I thought that like this, on one awkward movement of the midwife, the whole human life depends: Mozart will not become Mozart, and Surikov or Polenov will not be able to hold a brush in a hand that does not obey reason. And mere mortals like me will be sentenced to eternal suffering. Because of one awkward movement of a person who has no right to such a movement, because even more than a judge, he determines the future human life, and in the event of a momentary mistake, he pronounces an undeserved sentence on everyone involved in this life.

Unlike normal children, I did not crawl and generally did not show the slightest inclination to “change places.”

This was noticed at the very moment when my grandmother was getting ready to get married.

"First and last!" – the sixty-year-old groom called her.

“He fell in love with me when we were barely seventeen,” my grandmother later told me. “But there was nothing between us.”

Choosing an option for dividing property

The above example of possible options for dividing property clearly shows that the most profitable option is any compromise.

Of course, it is good if people were able to agree upon marriage and draw up a marriage contract. Of course, this is not a panacea. A marriage contract can also be challenged if one of the spouses considers that the conditions in the changed situation are no longer beneficial for him.

Litigation is long, expensive and not always satisfying

. Even ex-spouses can come to an agreement and do without an arbiter in the person of the judiciary, but decide everything on their own and come to exactly the result that suits both parties.

Summary – Division of property – Aleksin

A. Aleksin - story “Division of Property”. In this story, the writer raises the problem of spiritual callousness, alienation in family relationships, and ingratitude of children towards their parents.

The main character Vera was a child with a birth injury. Grandma Anisya came out and practically put her on her feet. For the sake of her granddaughter, she sacrificed her personal happiness, peace of mind, and devoted her entire life to her. It is this heroine who carries within herself kindness, love, inner strength, wisdom, and readiness to help. Verochka’s mother is the embodiment of practicality, firmness, strong will, and selfishness.

She worked as an ecologist, but “while fighting the poisoning of nature, she did not admire nature itself and did not notice its beauties.” Mom was called a “strong specialist.” She never changed her points of view, and the “golden braid” served as a symbol of her inflexibility. Verochka’s father was a soft, weak-willed man; he worked as a tour guide at the museum. Over the years, he “bent down”, began to speak in a low voice, and obeyed his wife in everything. The parents treated their daughter condescendingly, considering her a sick child. Grandmother treated her as a normal, full-fledged person, and gradually Verochka began to recover.

Verochka loved her family very much. But events occurred that made her look at her family differently. So, the family decided to take in their grandmother’s sister, Aunt Manya, who was sick. Verochka and her grandmother went to the village, but they were too late: she had already been buried. For some time they remained in the village, living there, not daring to inform Sofya Vasilyevna, Verochka’s mother, about everything that had happened. But then a letter came from Sofya Vasilievna in which she asked her grandmother not to bring her sick Aunt Manya to them. And Verochka experienced severe disappointment: “Mom dealt a blow to my faith that people pay back kindness for good.”

In the future, the confrontation between mother and grandmother in the story increases. The heroine goes to study at a normal school, she is assigned an essay “The Main Person in My Life.” And she dedicates it to her grandmother, whom she calls mother Asya. Sofya Vasilievna is jealous of her daughter’s mother-in-law; she does not want to share Verochka’s love with anyone. In the end, the parents want to leave the grandmother, they start a lawsuit, and a “division of property” occurs. It is in court that Verochka hears the words that “sueing her mother is the last thing.” The heroine Aleksina herself thinks the same way. She leaves her parents a note in which she identifies herself as part of the property, the one that “legally goes to grandma.”

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The story ends tragically. Grandmother leaves for her native village to die. She does not want to interfere with the life of her son and daughter-in-law, although she cannot imagine her existence without Verochka. The girl becomes seriously ill again, we understand that she is now doomed to disability.

Thus, the author tells us that we must learn empathy and compassion, learn to be grateful and sensitive. Children should not be selfish, callous, or indifferent towards their parents, as this inevitably leads to tragedy and irreparable consequences.

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The simplest and most comfortable way to resolve the issue is to draw up an agreement. This is possible if the spouses do not have serious claims against each other and can peacefully divide what they have acquired over the years of marriage, without resorting to litigation. This is regulated by Article 36 of the Family Code of the Russian Federation. Despite the fact that the law does not approve the exact form of such an agreement, a number of requirements must be met when drawing it up - otherwise it may simply be invalid.

There are a couple of important points to note right away. Jointly acquired property is considered to be property acquired by the family after marriage. That is, it is pointless to apply for an apartment that a spouse bought long before the meeting of his other half, but you can compete for a car or financial asset given as a wedding gift.

It is worth mentioning right away that not only expensive property is subject to division - everything that you purchased or received as a gift as a couple can and should be divided. This includes a refrigerator given by my aunt for a wedding, jewelry, interior items, in a word, any things. In this case, gifts or inheritance received by one of the spouses are not subject to division. Also, the concluded agreement must be notarized. This is not a mandatory measure, but it may not be superfluous.

So, how to correctly draw up an agreement on the division of jointly acquired property?

When drawing up an agreement, start with the basics: indicate your names, registration address, passport details, as well as your status - whether you are married (the agreement does not have to be concluded in connection with a divorce) or divorced.
Indicate the purpose of the agreement - division of property, then list it. Here it is important to avoid general phrases like “all household appliances” and name in detail everything that you plan to share: a two-room apartment on Cherry Street with a market value of n million rubles (specify the share of each spouse), a black Nissan Almera of 2011, and that same two-chamber refrigerator Stinol.
The contract must specify the date and place of its execution, as well as the location of the property itself at that moment.
Indicate how the division will take place, what and in what shares will go to each spouse upon divorce.
Be sure to note if one of the spouses voluntarily renounces some property in favor of the other, so that in the future an ambiguous situation does not arise and the agreement is not invalidated.
The pages of the agreement must be numbered, and each sheet must have the signatures of both spouses.

As a rule, spouses divide jointly acquired property approximately equally. An obvious departure from the principle of equality creates a risk that the agreement will be declared invalid. What to do if a divorcing couple has children? According to the law, property is not distributed to minors, but parents can indicate in the agreement the share that should go to the child.

You can draw up such an agreement not only during divorce proceedings, but also while still in a strong relationship - this is a completely logical and normal way to protect yourself in the future. If you are not sure that you can draw up a contract yourself and take into account all legal aspects, contact a lawyer. The specialist will not only advise and help in drawing up the document, but will also, if possible, be able to smooth out rough edges in the dialogue between the spouses and lead them to consensus.

Opinion:

– There is one very funny pattern. In my practice, spouses first sit down at the negotiating table to come to an agreement on the division of property. But then they get bogged down in details and can't agree. They decide to sue. As a result, the court divides the property in approximately the same way as they initially tried to stipulate in the agreement. This happens because the rules of the section are still general. The court distributes property between spouses in such a way as to balance the share of each. That is, in the end it turns out that reaching an agreement on shore is faster and cheaper (costs for a lawyer are minimized, since the issue does not spill over into the courts, and the participation of a specialist is required only when preparing and agreeing on the text of the agreement). Anna Popovich, expert on family disputes at RTiger »

Summary Aleksin Division of property

The main character is the girl Vera, who recovered from a birth injury. The girl lives with her parents and grandmother, her father's mother.

The girl is very attached to her grandmother, Anisia Ivanovna, because she took care of her during her illness. For the sake of her granddaughter, she left work and devoted all her time to her treatment and upbringing. “Mama Asya,” as Vera called her, always supported the girl.

Vera also loves her mother, Sofya Vasilievna. However, the girl does not feel any warmth from her. Sofya Vasilievna – environmental protection specialist. She is strong-willed, practical, confident.

All friends admire Vera’s grandmother, calling her a “kind genius.” Mom doesn’t like that her mother-in-law occupies a significant place in her daughter’s life. And after Vera’s school essay, in which she assigns a central role to her grandmother in her life, her mother decides to leave. A weak-willed father only supports his wife in this matter.

Verochka is very indignant when she learns about this. The girl makes a moral choice - to stay with Anisia Ivanovna. Vera decides to become a witness for the division of property. At the trial, Vera's father asks her grandmother to agree to the division. The judge is sincerely indignant, not understanding how you can sue your own mother.

The girl is unable to talk to the judge and become a witness. The father finds his daughter and tells her that there will be no division. When they come home, grandma is no longer there. She left for the village. Vera becomes hysterical; she realizes that her grandmother has left to die. The father tries to calm his daughter down, but now it is useless.

In this story, Aleksin shows how destructive jealousy is. Dividing property is common. Due to conflict, people forget about family values, a sense of duty to loved ones, and human relationships.

You can use this text for a reader's diary

What property can be divided?

The Family Code of the Russian Federation prescribes two types of property regimes for spouses: legal and contractual.

If the husband and wife did not sign a prenuptial agreement, then by default the marriage will have a community property regime in which each spouse is entitled to exactly half of that joint property.

In accordance with the rules of family law, during a divorce, the common property of the spouses is divided. An approximate list of what is considered joint property is enshrined in Art. 34 RF IC:

income from the work of the husband and wife, while the nature of the employment is not important: a person can work either under an employment contract or be an individual entrepreneur;
various payments and spousal benefits;
spouses' deposits in various banks;
investments in LLC, JSC;
all types of movable and immovable property, if it was purchased with the common money of the husband and wife

It is important to understand that, by default, the division of property during a divorce occurs regardless of who is registered with any particular thing, who has a bank account, who is the recipient of benefits, etc.

Lawyer's advice: Remember that the law protects a spouse who does not receive his own income during the marriage for good reasons, this includes raising children and running a household, and these good reasons do not end there. However, it must be taken into account that if the court finds that one of the spouses did not work without good reason and, moreover, wasted property, causing damage to the family as a whole, then the court may reduce his share in the common property.

What property is divided

Common property includes:

The income of each spouse from labor, entrepreneurial and intellectual activities - salaries, fees, and so on.
Payments that do not have a special purpose - pensions, benefits.
Items purchased from general income.
Deposits, securities, shares made in commercial organizations.

And this is not the whole list. Exceptions are what is not divided by law (more on this later).

By the way, not only property is distributed between spouses. According to Olga Shirokova, a lawyer at the European Legal Service, common debts are divided between spouses in proportion to the shares awarded to them. But here it is necessary to prove that the spouse knew about the loan, and the money was spent on general needs.

Problems of recognition of spouses' property as separate in judicial practice / family law

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