The Family Code establishes that the property of the spouses, earned in marriage by mutual efforts, is called joint property. The community of property is expressed by the fact that the spouses, even without financially investing in the acquisition, can participate in other activities that benefit the family.

It must be understood that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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Spouses have equal rights to the use of jointly acquired property, have the right to dispose of it in agreement with the spouse. is the basic concept for use and partition procedures. The sale of joint property may occur without the consent of the spouse at all, but in such cases the transaction may be challenged. Significant restrictions on the order have been introduced with respect to registered property (housing, cars), although their use is in no way restricted.

property in marriage

If the procedure established by law does not suit the spouses or there are other obligations to third parties, the spouses can enter into a marriage contract (as opposed to the legal regime). This document may include conditions for the use and division of property, the allocation of personal shares from the general, as well as other agreements that come into force during or after marriage.

Part of the property, separated from the joint according to the Civil Law, is considered the personal property of a citizen and cannot become the subject of divorce proceedings and joint use, except with the consent of the owner. This includes everything that was received before the wedding, as well as during the marriage, but through gratuitous transactions.

In the event of the death of one of the spouses, the property is divided between the surviving person with the other first line heirs. Thus, the common property of the spouses after death is divided twice. Inheritance of certain types of it, for example, awards and shares due for transfer to partnerships, is not allowed.

The law provides the right to division of marital property- movable and immovable. This procedure involves allocating the parties with equal shares of property, regardless of whose expense it was acquired. So, for example, if one of the spouses was not officially employed, that is, did not have a source of income due to certain circumstances, he also has the right to claim half the property. As these circumstances, we can name such as raising children, illness, housekeeping. However, not all acquired property is subject to division.

Property of a personal nature (defined in Article 36 of the UK), as well as that to which the right of personal property applies (Article 42 of the UK), cannot be divided a priori.

Disputes about division are often fraught with certain difficulties. Spouses do not always give an objective assessment, according to which the real value of the property is determined. Also, deliberate concealment of the price is not ruled out. In view of this, the court has the right to request additional information about the quantity and value of the property of the spouses in order to make a fair decision.

According to the articles of the RF IC, there are currently two main regimes in the country, according to which spouses are vested with the right to own property. The division of property acquired during the marriage can take place only after the definition of the regime, which was agreed upon and, if necessary, documented by the spouses.

The division of the property of the spouses, which was subject to the legal regime, is a simplified procedure, due to the absence of the need to clarify whether each spouse has the right to own one or another thing.

However, the treaty regime is still a priority. According to its norms, spouses can stipulate in advance what kind of joint property will go to each of them, both after the divorce and independently. The contract can apply both to the property already acquired by the spouses, and to the one that is only planned to be acquired.

Regulatory Regime

According to average statistics, the legal or regulatory regime is currently the most common form. It does not require the conclusion of additional contracts, agreements, documentary evidence, which explains the simplification of this option.

According to Article 33 of the RF IC, the legal regime arises immediately during the period when the procedure for concluding a marriage between the parties is carried out. According to this form of regime, each of the spouses is endowed with a legal right to possess an equal share with the other party of the things that were acquired during the marriage.

In the event that there is no other way, and the property of the parties is subject to the lawful regime, the court allows the distribution of property between the spouses in identical shares. That is, priority is not given to any things that need to be transferred to one of the parties, as well as to replace them with a similar option for the second. The division is made on the basis of the value and necessity of the property.

Treaty based regime

According to Article 8 of the RF IC, the contractual regime is defined as the drawing up of a contract, or marriage contract before marriage or during marriage. In accordance with the specified document, the spouses stipulate all the points that relate to the existing property. The contract has legal force only in those cases when it is drawn up in the form of a written agreement and certified in accordance with the requirements of regulatory legal acts.

Contrary to popular belief, this agreement is not a fundamental document in the procedure for the division of property in court proceedings. Depending on the additional circumstances and nuances of the case, some deviation from its points is allowed if, for example, they are deliberately drawn up in such a way that one of the spouses loses the right to possess the necessary types of property after marriage.

In general, this type of agreement has some clear advantages, for example:

• Spouses have the right to dispose of the existing property as they see fit. However, if during the division there is a clear infringement of one of the parties, for example, if he loses the right to possess almost all acquired property, the court has the right to distribute the property between the spouses in equal shares.
• The contract also provides the spouses with such an advantage as the prior distribution of all property upon divorce. Thus, the parties have the right to independently determine what exactly from the joint property is of primary importance for them, which does not contradict the articles of the RF IC.

Drawing up a contract is not a prerequisite. The spouses have the right to conclude a contract if they deem this procedure necessary.

The concept of joint property

The concept includes all types of property, including real estate, securities, assets, accounts, jewelry, which were acquired by the spouses for financial savings during the marriage (Article 34 of the RF IC). From this list, only those that are personal in nature, or were acquired by one of the parties before the marriage was excluded, are excluded.

Common is not only property, but also debt obligations (Article 34 of the RF IC). Thus, the debt on loans taken from both state and commercial banks can be divided by the court between the spouses in equal shares.

In general, joint property is determined by the following criteria:

• If, during the marriage, the spouses acquire property of an immovable nature, for example, a piece of land, a house or an apartment, this property is subject to division, regardless of who is legally the owner. Thus, in the process of dividing property, each of the parties is entitled to claim half of the above joint property (Article 34 of the RF IC).
• This kind of rule applies not only to immovable, but also to the movable property of the spouses. So, if the parties acquire various things, for example, furniture, a car, equipment, and at the same time one of the spouses is indicated as the owner, the second can also claim this property.
• There is also the concept of joint income, according to which the property of the spouses is acquired. Among these financial resources are those that are the main and additional types of income of the spouses. However, there are some exceptions. So, for example, funds that were received by either party for personal merit, as compensation for harm or damage, as well as maternity capital, are not joint funds.

Thus, we can only allow the division of property that was acquired by the spouses not only during the marriage, but also through the expenditure of joint income.

Criteria for personal and joint ownership

Despite the fact that, according to the articles of the RF IC, the personal property of the parties is not subject to division, it is possible to give personal property the status of joint property. This option is possible only through the issuance of an appropriate court decision. In this case, one of the parties can act as the initiator.

In order for the court to make a positive decision, the plaintiff must provide compelling arguments that it is necessary to transfer personal property to joint property.

The main aspects of such a procedure are the following:

• According to Article 37 of the RF IC, property can be transferred to joint ownership if, during the period of marriage, the spouse, who is not the direct owner, invested a significant amount of financial resources in improving the property, for example, repaired an apartment. To confirm the facts of the existence of material costs, it is necessary to have documentary evidence.
• To find out exactly how much money was invested in the property, it is permissible to conduct an examination as part of a lawsuit. The expert is asked the following question: average price, for example, apartments, before investing funds, and after (Article 37 of the RF IC).

In the event that the spouses have come to an agreement, it is permissible to transfer personal property to a joint property through the conclusion of transactions (Article 37 of the RF IC).

Marriage section

Article 38 of the IC of the Russian Federation states that the property of the spouses can be divided not only after the actual dissolution of the marriage, but also during the specified period. Such a procedure, as well as a section after the dissolution of a marriage, is governed by similar rules and regulations. There are two main options for the division of property. The most common is going to court. If, after a certain period of time, the spouses conduct a divorce process, the joint property will be divided according to the existing decision.

The process of division of property can be carried out during the marriage, regardless of the time of its actual duration.

Also, spouses can divide the property in accordance with the settlement agreement. In this case, even if subsequently the division of property is carried out in court, the court will rely on the points reflected in the agreement.

Division of property in a divorce

According to the articles of the RF IC, each of the spouses is endowed with the right to own property in equal shares with the other party. However, such a division in practice is far from always possible, since not all joint property is divisible.

In order to avoid such troubles, it is recommended that spouses conclude a marriage contract or agreement, according to which each of the parties has a certain share of joint property. In this case, in the process of litigation, the clauses of such an agreement will be considered in priority.

In general, the division of joint property implies compliance with certain rules:

• If, during the division of joint property, the rights of one of the spouses are significantly infringed, the court has the right to deviate from the accepted norms and divide the property in such a way as to exclude such a result.
• Even after filing a claim for the division of joint property, the spouses are entitled to terminate the case in connection with reconciliation. This is possible only in cases where a peace agreement is made on a voluntary basis.

A separate aspect in the issue of division of joint property is civil marriage. Due to the fact that relations of this kind are not legally significant, they are regulated by the articles of the Civil Code of the Russian Federation, according to which joint ownership in such cases is shared. The division in this case can also occur both by going to court, and at the conclusion of a contract or agreement. Moreover, the second option is the most optimal.

One of the most important aspects observed by the court prevents the infringement of the rights of one of the parties, even if in fact there is a division of joint property in equal shares. Each of the spouses after the divorce must be provided both in material and property terms, but priority in such cases is given to the spouse with whom the children will live after the completion of the divorce proceedings.

Most often, the joint property of the former spouses is divided after a divorce. If the couple still maintains normal relations, then the division takes place amicably, in accordance with oral agreements or by voluntary agreement, if the relationship does not allow agreement, then they resort to division through the courts. At the same time, many people have a question: how many years after a divorce can joint property be divided?

What is to be divided

Not everyone knows what property can be divided and what is not divided under any circumstances. All property that a married couple acquired during marriage is subject to division, namely:

• real estate (residential premises, land plots, garages, summer cottages);
• all vehicles;
• joint business, shares, deposits, other monetary assets;
• Appliances;
• furniture;
• antiques, other luxury items.

But in addition to assets, liabilities are also subject to division, the most common of which are credit obligations to banks and other credit institutions.

In cases where the couple no longer lives together, but the dissolution of the marriage has not yet been formalized, all property acquired by the parties during separation is also recognized as joint and subject to division, unless it is proved that the other party did not take part in the acquisition of property.

As well as debt obligations of one of the spouses acquired during marriage, but during the period of separation, unless it is proved that all the funds borrowed were spent by only one of the spouses.

But not all property used by both spouses during the marriage can be divided. The personal property of the spouses is not subject to division, namely:

• acquired by one of the spouses before marriage;
• received as a gift;
• inherited.

Things and property of minor children are not subject to division, even if they have a considerable value. All children's property is transferred to the parent with whom the child-owner remains.

But like every rule, there are some exceptions here too.

For example, if a spouse, after a divorce, but before the division of property, sold an expensive fur coat bought in marriage, but having the status of personal property, then after its sale, the spouse has the right to half of the proceeds from the sale.

Is it possible to file for division of property after a divorce?

In accordance with Russian law, spouses can divide property:

• married;
• in the process of divorce;
• after the official dissolution of the marriage.

Thus, it is not necessary to deal with the division of joint property in parallel with the divorce, especially since the divorce process is much faster than the division of property. but the section should not be too long either, especially since the law has established a statute of limitations - three years.

How long after a divorce can property be divided, application deadlines

Many couples believe that the statute of limitations is set from the date of divorce, and if 3 years have passed since the divorce, then the law prohibits filing a division claim, but this is far from the case.

The Civil Code of the Russian Federation determines that the limitation period for property claims for the division of property begins from the date when the plaintiff learned about the violation of his property rights.

In other words, ex-spouses may not deal with the division of property at all, as long as they are satisfied with the existing order of things, they can live in a common house for years, use a joint car and not feel disadvantaged.

For example, the spouses Olga and Nikolai R., after the divorce, did not begin to divide the house that belongs to them in equal shares, but agreed that ex-husband will live in one half of the house, and ex-wife- in another. Both were satisfied with this procedure for using real estate, until Olga remarried five years later. Her husband began to demand that Nikolai vacate the half of the house he occupied, as he interferes with the young married couple, it came to mutual insults and assault.

Nikolai filed a claim for the division of the house, while he asked the court not to actually divide the house, but to leave it to Olga, who in return must pay him half the cost of the house. The court fully satisfied his demands.

Thus, as long as no property rights are violated, there are no grounds for filing a claim for partition, the limitation period does not begin. But as soon as there is a violation of the property rights of one in favor of the second, the injured party has three years to file a claim for division.

What is considered a violation of the right to joint property

Violation of the right to joint property in accordance with the law is considered:

• obstruction or complete restriction of the use of joint property;
• any disputes regarding the use of joint property;
• sale, donation or other alienation of joint property registered in the name of one of the former spouses;
• the bearing of expenses for the maintenance of joint property by one of the former spouses and the complete disregard of these expenses by the other.

Missing the statute of limitations

It is not uncommon for individuals to miss the statute of limitations. In this case, the injured party is no longer entitled to demand the division of joint property, except in exceptional cases. The law recognizes as such exceptional cases:

• serious illness of the plaintiff;
• his helpless position
• other significant circumstances.

At the same time, the above reasons can be recognized as valid if they occurred within the last six months of the statute of limitations.

It must be borne in mind that there is no clear criterion for determining certain reasons as valid in the law, the decision in this case is made by the court, so you should not delay the claim if the defendant violates your property rights.

The court has the right to restore the missed deadlines for the division of property after a divorce, but for this it needs good reasons, for example:

1. Severe long-term illness because of which the plaintiff could not go to court. It is necessary to confirm this disease with a medical certificate.
2. Family circumstances. This may be caring for a seriously ill relative, the death of a loved one, the birth of a child, etc.
3. Personal circumstances. These include a long business trip, conscription into the army, imprisonment.
4. Other reasons. The court may accept as a good reason ignorance of the law, illiteracy, poor command of the Russian language.

It must be remembered that the above circumstances must take place over a long period of the statute of limitations, at least six months before its expiration.

In order to extend the deadline for filing a claim, the plaintiff must file a claim for its restoration, in which it is necessary to indicate:

• when the plaintiff learned about the violation of his property rights;
• Why did he miss the deadline for going to court?

The claim must be accompanied by all documents confirming the reason for the absence specified in the application, these may be:

• birth certificate of the child;
• medical certificate;
• death certificate confirming relationship with the deceased;
• military ID;
• certificate of release from places of detention;
• other documents.

How property is divided after divorce

The RF IC provides for two options for the division of property for couples who have divorced. This:

1. Voluntary division.
2. Section through the court.

How to divide jointly acquired property after a divorce by agreement

Allows you to avoid a lengthy litigation and apply an individual partition procedure. A prerequisite registration of the contract in accordance with the law is its certification in a notary's office. This, firstly, makes it possible to avoid any fraud by one of the signatories, and secondly, it does not allow it to be terminated or changed without the consent of both parties.

To sign the contract, the former spouses must have the following documents with them:

• passports;
• marriage and divorce documents;
• title documents for joint property.

The text of the agreement must contain the following information:

• place and date of signing the agreement;
• personal information about signers;
• information about the dates of marriage and divorce;
• a list of all property that is being divided and information on the procedure and procedure for the division;
• signatures of all parties.

How to divide jointly acquired property after a divorce through the court

If the former spouse is against any division and it is not possible to divide the property peacefully, you will have to file a lawsuit in court. With the help of the court, the procedure is much more complicated and lengthy.

Making a claim

The statement of claim for the division of joint property after a divorce is drawn up on a standard sheet of A4 paper. The text of the document must be written in legally literate language, must not contain grammatical and stylistic errors. The text of the claim must contain:

1. plot. There should be information about the dates of the conclusion and dissolution of marriage and the essence of the disagreement.
2. Circumstances under which the plaintiff is compelled to sue. These may be descriptions of violations of the plaintiff's rights by the defendant.
3. Claim. Here the plaintiff describes how he sees the resolution of the partition problem.
4. List of attached documents. It is necessary to list with numbering all the documents that the plaintiff attaches to the claim.
5. Signature and date.

The plaintiff must attach a package of documents to the statement of claim, namely:

1. Certificate from the registry office on the place and time of marriage between the defendant and the plaintiff. When a marriage is dissolved, the certificate of its conclusion is withdrawn, so such a certificate will confirm that the parties were previously married.
2. Divorce document.
3. Copies of the passports of the parties to the process.
4. Documents confirming the right of joint ownership of the divisible property.
5. Receipt for payment of state duty.
6. Other required documents.

Procedure for filing a claim

According to the general judicial rule, a statement of claim is filed with the district court at the place of residence of the defendant, but this is only if movable property is subject to division. In situations where real estate is divided, jurisdiction changes, the claim must be filed with the court in whose jurisdiction the house or apartment is located.

State duty

The state duty in cases of division of property must be paid by the plaintiff in the case. During the trial, this amount can be recovered from the defendant, provided that the court satisfies the claim of the applicant.

The amount of the state duty is calculated in accordance with the price of the claim, in turn, the price of the claim is usually half the cost of all property proposed for division.

Table 1. Calculation of the state duty on a claim for the division of joint property

In those cases when the plaintiff reduces the amount of the claim already in the trial, the court recalculates the amount of the state duty and returns the overpaid amount to him, but if the amount of the claim increases, the court will demand to pay the missing amount.

The court may allow the plaintiff to pay the state duty in installments or grant him a deferment in payment if the plaintiff can prove his difficult financial situation; in some particularly difficult financial situations, the court may generally reduce the amount of the state duty.

Moreover, in accordance with the Tax Code of the Russian Federation, some categories of citizens are generally exempted from paying state duty, these are:

• disabled people of the first and second groups;
• combat veterans;
• some other categories.

Arbitrage practice

The courts often consider cases on the division of joint property after a divorce, sometimes more than one year passes from divorce to division of property. And almost always the basis for a claim is a violation of the property rights of one of the former spouses.

For example, after a divorce, the husband left for another city, the wife and child stayed in the apartment. Orally, they agreed that the former spouse would not claim their joint property, and she, in turn, would not demand alimony from him. But five years later, the ex-husband returned and said that things were not going well for him, and he would live in their common apartment.

In such a situation, the three-year statute of limitations began from the moment the ex-husband returned, and the woman has every right to file a claim for the division of joint property, and since the ex-husband does not comply with the agreement, it is also about collecting alimony.

Often the reason for the division a few years after the divorce is the alienation of joint property by one of the former spouses.

For example, Nina and Mikhail P. in marriage bought a three-room apartment, which they registered for their husband. After the divorce, they agreed that Nina and the children would occupy two rooms, and Mikhail would live in the third. They maintained good neighborly relations with each other, Mikhail helped his ex-wife with children.

But ten years later, when the children grew up and moved away, Mikhail secretly sold the apartment from Nina, thereby violating her property rights.

In this case, the statute of limitations begins from the moment Nina learned about the sale of the apartment. She has the right to file a claim for the division of proceeds from the sale of real estate, or a claim for the recognition of the purchase and sale transaction as invalid, if Mikhail does not prove that the property was purchased with his personal funds.

The longer the interval between divorce and division of property, the more difficult the process of dividing common property becomes. Over the years that have passed since the separation, the former spouses, instead of the former, joint, have new, already personal property, checks, receipts confirming joint rights on property. A vehicle bought in marriage could get into an accident, joint property could be overhauled and its value thus significantly increased.

In such cases, only an experienced lawyer will be able to deal with all the nuances, who will be able to separate joint property from personal property, help to competently draw up a statement of claim, restore any lost documents and evidence, find witnesses, if necessary, represent your interests in court.

If the husband and wife cannot reach an agreement in the process of division, the judiciary comes to the rescue. About how the litigation of the division of property takes place - this article.

How is property divided in a divorce?

1. Divorce without division of property. Sometimes spouses decide to separate, but take no action regarding property. Most often, the reason for this is the unwillingness to argue and sort things out, collect documents, go to the authorities. But even if at the time of the dissolution of the marriage, the spouses came to an agreement regarding the ownership and disposal of common property, this does not mean that there will be no conflicts in the future. Therefore, “leaving everything as it is” is not the best option.
2. Reach an agreement. A more preferable option for a husband and wife is to divide the property peacefully and give the agreement a written form. Spouses draw up an Agreement on the division of property (clause 2, article 38 of the Family Code of the Russian Federation). A notarized Agreement is binding.
3. Fulfill the terms of the marriage contract. If, prior to marriage or directly in marriage, the spouses entered into a marriage contract, the terms of which provided for the procedure for the division of acquired property, these conditions must be met upon divorce.
4. Go to court. Any disputes regarding the division of property can be resolved in the courts. Even if the spouses have entered into a marriage contract or an agreement on the division of property, this does not deprive them of the right to go to court in the event of a dispute.

The procedure for the division of property through the court

The procedure for the division of property is regulated by several legislative acts, including the Family Code of the Russian Federation, the Civil Code of the Russian Federation, and the Civil Procedure Code of the Russian Federation.

This procedure is a separation of the shares of the husband and wife from the common property acquired during the marriage.

The division of property can be carried out:

1. During marriage. Spouses can divide property at any time, including during marriage. Property acquired after the partition will be common property. If the spouses divided the property and actually stopped family life(do not live together, do not lead a joint household), they should take care of documentary evidence of personal ownership of all acquired property - otherwise it will be considered joint, which means that in the event of a divorce it will be subject to division;
2. Simultaneously with the divorce proceedings. In this case, two statements of claim (or one statement of claim with several claims) are submitted to the court simultaneously - on divorce and on the division of property, which are considered simultaneously or one after the other.
3. After divorce. It happens that spouses have already dissolved the marriage, but are in no hurry to share everything that belongs to them. In this case, this property remains joint. You can divide it at any time, but you should be aware of the statute of limitations. Read more about this in the article "".

Filing a claim for division of property

To divide property in court, you need to file a claim. It must contain all significant circumstances: personal and contact details of the spouses, information about marriage and divorce, a list of property acquired during marriage, as well as evidence that this property is personal or joint.

For more information about drawing up a statement of claim (with a sample for download) - in the article "".

The claim may be filed:

• The defendant's place of residence;
• At the location of real estate or material assets that are the subject of division;
• At the place of residence of the plaintiff, if minor children live with him.

If the value of the claim exceeds 50 thousand rubles, the case will be considered by the city or district court. If the value of the claim is less, you can apply to the world court.

Documents for filing a lawsuit in the division of property

In addition to the statement of claim, the following documents must be submitted to the judicial authority:

• Certificate of marriage, divorce, birth of children;
• Property documents (contracts, certificates, receipts, checks, bank statements, cash receipt orders, technical documents, registration documents);
• Appraisal documents on the value of property;
• A power of attorney, if an authorized person submits documents on behalf of the plaintiff;
• Receipt for payment of state duty.

What does the court consider when considering a claim? Judgment

When considering claims for the division of property, the court adheres to the following algorithm.

First, it determines which property is personal (not subject to division), and which is joint. Then determines the shares of each spouse. By default, the shares are equal - joint property is divided equally. But if a marriage contract was concluded between the spouses, other shares may be provided for in it.

After that, the court performs the division of property according to the shares. If the exact division fails, one of the spouses gets most of the property - but then he is obliged to pay monetary compensation to the other spouse. The debts of the spouses are also subject to division in accordance with the shares.

Sometimes the court departs from the principle of equality of marital shares, even if there is no marriage contract. This happens extremely rarely. The basis for such a decision may be the presence of minor children remaining with the wife or husband. Or misappropriation of marital funds by one of the spouses during family life.

settlement agreement

Until the final decision is made by the court, the spouses can enter into a settlement agreement. They have the right to divide the property at their discretion, not necessarily equally, as a court would do.

The settlement agreement is drawn up in the form of a written document, which has the force of a court decision, and therefore is subject to mandatory execution.

But if in the process of fulfilling the terms of the agreement it turns out that it was concluded under the influence of threats or pressure, the court may invalidate it and make a decision on the division of property at its own discretion.

Pronouncement and entry into force of a court decision

After the end of the consideration of the case on the merits, the court retires to the deliberation room and makes a decision.

The decision of the court will not necessarily meet the requirements of the claim. The court will divide the joint matrimonial property according to the law (or according to the terms of the marriage contract).

Divorce and the subsequent division of property is one of the most problematic and controversial cases that lawyers and ordinary citizens have to deal with. Despite the fact that the main provisions regarding the division of property are enshrined in law in article 38 of the Family Code and article 256 of the Civil Code, this does not reduce the number of difficulties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Claim Form

The claim is filed with the court office. There are recommended forms of filing a claim, they can be found at the information stand in the courtroom or requested from the office. You can also entrust the preparation of a court statement to a specialist.

The claim must include:

1. the name of the court;
2. information about the plaintiff and the defendant;
3. information about marital status;
4. data on property, grounds for possession of the disputed property;
5. the price of the claim (the total value of all property);
6. specific requirements.

You can use this sample application for the division of property: Download.

Required documents

The following documents will need to be submitted along with the application:

1. your passport;
2. passport or birth certificate of the child or children;
3. a document certifying marital status - a certificate of marriage or divorce or a court decision or an extract from a court decision, if the certificate has not yet been ordered;
4. information about the composition of the family;
5. valuation of the disputed property (ordered from an independent appraiser);
6. receipt for payment of state duty.

Payment of state duty

The amount of the state duty is established by Article 333 of the Tax Code and depends on the value of the claim. The higher the value of the claim, the higher the amount of state duty. It will need to be paid before filing an application with the court, if desired, it can be included in the claim of a claim for reimbursement of legal costs. If the claim is filed with the mutual consent of the spouses, then they must pay the amount of the state duty in an equal amount.

Conclusion

In order for all the information presented in the article to form a big picture, we recommend that you review it again in this structured form:

This is a kind of cheat sheet on the division of property. Examples from judicial practice.