If the spouses decided to part and can not share their own property, they will have to do this through the court. How to properly apply for a section?
1
In the civil and family codes of the Russian Federation (Article 256 and Article 34) it is said that all property acquired by spouses during their marriage is considered joint property. The law also states that all property belongs to the parties to the conflict in equal shares.
2
Before applying for a division of property, it is necessary to collect the following documents:
Advocating accommodation documents;
Cadastral statements for real estate (issues the Bureau of Technical Invention - BTI);
Certificates about the cost of real estate (issues BTI).
3
The court will also need to provide inventory of all the rest of the property (furniture, appliances, etc.) and documents confirming the cost of all items at the time of their purchase. If such is not preserved, it will be necessary to order an independent examination. Specialists from the expert company will prepare an act in which the value of the property will be indicated at the time of its section.
4
If during the time of marriage in the family there was a car, then his estimates will determine the expert. Just as with a technique, an independent examination is needed if financial documents are not preserved on the initial cost of the machine.
5
In addition, except for the above documents, you need to bring the applicant's passport, a divorce certificate and the birth certificate. Sometimes there are cases that the property of the spouses share, without terminating the marriage. Then it is necessary to write about such an extraordinary case in a statement to the section and to make a marriage certificate.
6
The application for the section of the property is written with a detailed description, why did you decide to divide the property with a former or real spouse. So that the court adopted the application and let him into the case, it is necessary to pay the state duty to the forced section of the property. The value of the duty depends on the total value of the entire property, but the law provides that it cannot be more than 60 thousand rubles.
The division of property, especially through the court, is a pretty unpleasant thing, but life is such that sometimes it has to do. When the court decides and you and the former spouse will finally divide everything htorated for years, you "mountain will fall from the shoulders." And all thanks to the law that protects everyone without exception.
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