How to apply for property division
You will need
- - statement;
- - passport;
- - inventory;
- - title documents;
- - marriage certificate (divorce);
- - birth certificate of children;
- - cadastral extracts and a certificate of value;
- - documents confirming the value at the time of purchase;
- - The act of examination of the value of the property at the time of the section.
The property of the spouses, acquired by them in legal marriage, is considered joint property and belongs to them in equal shares on the basis of Article No. 256 of the Civil Code of the Russian Federation and Article 34 of the Family Code of the Russian Federation. In addition to the spouses, the co-owners may enforce the division of common property, the basis for this is Article 244 of the Civil Code of the Russian Federation. Everyone will be forced to award the part that is specified in the certificate of ownership of the property.
In the statement of claim indicate the full name of the court in which you file a claim on the section, your passport details.In the main part, describe in detail the entire situation that brought you to court for the enforcement of the forced section.
In addition to the application, you are required to attach your passport and a photocopy of all pages, evidence of divorce or marriage, as the spouses can carry out a section of joint ownership not only during the divorce, but also being in a registered marriage. Get real estate cadastral extracts and a certificate of value issued by the Bureau of Technical Inventory. You will also need a complete inventory of the property to be divided. If you share not only real estate, but also a car, furniture, household appliances, attach a certificate of value or an act of independent examination confirming the estimated value at the time of the section (article 132 of the CCP of the RF).
Pay the state duty for the provision of services on the forced section. The size of the fee depends on the value of the claims, but the maximum amount does not exceed 60 thousand rubles, regardless of the total value of the claim. For example, if you divide a property whose value is equal to 2 or 20 million rubles, you will pay the same amount for it.
Based on a court order, the property will be divided by force.
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