When a marriage is dissolved, not only jointly acquired property is subject to division, but also debts.

In most cases, they are divided equally, but there are situations that require special consideration.

When dissolving a marriage, it is necessary to divide all the debts accumulated during the joint life. The following are taken into account:

• bank loans for various needs;
• mortgage;
• money borrowed from individuals.

Note!

The person in whose name the loan is issued is not taken into account by the legislation. The debts of one of the spouses during an officially registered marriage are considered by default to be common.

According to family law, a husband or wife cannot assume all financial obligations, completely freeing the other side from them. An exception may be:

• misconduct by one of the spouses (for example, theft);
• expenditure of family property for personal interests;
• complete lack of income for one of the parties;
• the interests of the child.

Section of debts

If the spouses have come to a common opinion regarding the division of joint or personal debts, a written agreement is drawn up. This document lists all payment obligations, indicates the amounts due to each of the parties, material compensation (for example, a car, a share in an apartment, valuables).

In a situation where one of the spouses does not agree with the obligations presented, the debt is divided through the court

If the borrowed amount is not repaid, it will be necessary to take into account not only the opinion of the former spouses, but also the interests of creditors. Often they demand a refund from the person in whose name the loan agreement is drawn up. The marital status of the debtor, divorce and division of property are of last interest to creditors. The dissolution of a marriage may be the reason for the speedy recovery of funds and the refusal to grant a deferment.

These questions often arise when dividing mortgage debt. The bank that issued the loan is interested in getting money as soon as possible, it is much easier to demand it from one debtor. The unequal income of the spouses adds complexity, especially if one of them does not work and does not have his own funds.

A financial institution can in every possible way prevent the official division of debt, realizing that it will be difficult to recover the required amount from an insolvent debtor. When dividing, you will have to take into account not only the principal amount and interest, but also penalties for late payment.

Debt disputes

When applying for a loan to one of the spouses, monetary obligations are automatically transferred to the one whose name appears in the contract. However, it is not difficult to prove that the money was spent on joint property. It is enough to provide statements on the payment of a mortgage or consumer loan from general funds. Strong evidence is the signatures of the second spouse on the loan agreement (for example, mortgage).

Often, fictitious IOUs of one of the spouses appear in court, drawn up for a figurehead and not implying a real transfer of money. Such operations are carried out in order to reduce the share to be divided.

It is difficult to prove the nullity of a fake IOU. In addition to eyewitness accounts, additional procedures may be needed: determining the age of drawing up a document, handwriting examinations, analysis of the financial condition of each of the participants in the transaction.

Litigation over the division of debts requires the participation of an experienced lawyer

A lawyer with extensive practice in property disputes is able to represent the interests of one of the parties in court, draw up a claim, and help in collecting documents. If necessary, the lawyer will appeal the decision of the court or file a counterclaim.

Personal debts: features of collection

Sometimes borrowed money goes to the general needs of the family. But it is not uncommon for a husband or wife to lend money for personal needs. For example, with borrowed money, a spouse can purchase an expensive tour and leave without the knowledge of relatives.

Personal debt includes funds spent on:

• to repair an apartment or car bought before marriage, donated or inherited;
• for the purchase of luxury goods and other things for individual use.

To prove that the money was spent on personal needs, it is necessary to confirm that the property for which the funds were spent was acquired before the registration of the relationship and was not intended for joint use.

Note!

Personal expenses will also include those that are committed without the knowledge of the partner. However, it is not easy to prove this, it may require the involvement of witnesses.

Personal debts can also include monetary penalties imposed on one of the spouses as a result of offenses (causing material damage, theft, accidents). If the debt is not repaid on time, the creditor has the right to demand the division of the family's property in order to recover the funds due from a specific share.

There are points of contention that require separate consideration in court. For example, if an apartment was mortgaged before marriage, part of the payments could be made by one spouse, but subsequent funds could be paid from the general budget. In this case, the spouse, who is not the owner and does not have rights to the apartment, may demand the allocation of a part of the amount paid for it.

In some cases, the debt taken before the registration of the relationship may be recognized as general

For example, when obtaining a mortgage and making payments from the general family income, an apartment taken on credit before official registration may be recognized as joint property of a couple. Upon divorce, it is subject to division, and the remaining payments are proportionally divided between the former spouses.

Collection procedure

According to the RF IC, the recovery of the debts of one of the spouses can only be imposed on property belonging to him personally. This role can be played by:

• property acquired before marriage;
• a car purchased before official registration;
• valuables and luxury goods, donated or inherited.

The creditor can demand the sale of personal belongings through the bailiff

If the debtor does not have valuable things and real estate purchased before marriage, a division of common property may follow with the allocation of a personal share, which will be levied. If during the court session it is proved that the other party does not bear financial obligations, its share remains inviolable.

Note!

When dividing property, the interests of children are also taken into account, but their presence does not exempt debtors from mandatory payments.

If the personal property of one of the parties is insufficient to pay off financial obligations, the balance may be recovered from the share received by the debtor in the division of jointly acquired property. In the absence of available funds, the creditor is able to initiate the sale of the disputed property without taking into account the opinions of the parties. This can be avoided by drawing up an agreement in advance indicating the exact time of payment. An experienced lawyer will help prepare such a document. Without the advice of a specialist, a couple can not only lose their property and belongings, but also retain their debt obligations, supplemented by penalties for late payment.

Collection may be directed to common property acquired or improved by criminal means. If during the meeting it was proved that it was in joint use, the foreclosure is applied to the entire property without allocation of a share.

Summary

When dividing debts, not only obligations are taken into account, but also the subject of the dispute itself. For example, when dividing the debt for a mortgage apartment, the share of one of the spouses can be reduced in proportion to payments. A husband or wife may be completely exempt from payment, but in this case they lose the right to housing. In such sections, representatives of the lending institution that issued the loan are involved as a third party.

If, after the division, only one party pays the debts in good faith, and the other neglects its obligations, a lawsuit for illicit enrichment may be filed against it.

To recover lost funds, you will need the help of an experienced lawyer; it is almost impossible for an ordinary citizen who does not have experience in litigation to resolve this issue.

The Supreme Court explained the important thing about the division of debts in a divorce. To share the debts, the borrowing spouse must prove that the loan or loan was spent on family needs. If there is no evidence, after the divorce, the debts will have to be paid to the person to whom they are issued according to the documents.

But for the division of property, you do not need to prove anything. If there is no marriage contract, everything acquired jointly is divided equally. And it doesn’t matter which of the spouses actually has an apartment or a bank account opened and who invested how much money.

What's the deal with debt sharing?

Husband and wife were married for six years and decided to divorce. During the marriage, they bought two cars and a non-residential building with a land plot. They also used credit cards and accumulated debts for a communal apartment. They divided most of it through the courts, but the matter did not end there.

The wife presented a loan agreement with interest, according to which she allegedly owes almost three million rubles to her friend. She allegedly took this money to buy real estate, which the couple divided in half. And now the husband will have to pay that girlfriend one and a half million rubles. This debt became the reason for further litigation.

The district court divided all the debts of the spouses equally as jointly acquired. The Court of Appeal agreed with this. But the husband did not agree with this: he was not going to share the large debt of his wife, about which he knew nothing. The couple filed counterclaims in the Supreme Court.

What did the Supreme Court say?

The Supreme Court overturned previous decisions regarding the division of the disputed debt. And that's why.

According to the law, when buying property in marriage, it does not matter to whom it is registered and who paid for it. It is believed that if one spouse bought an apartment, then the other agreed to this and the apartment became common. When divorced, it will be divided in half.

Why on earth do you need to prove where the borrowed money is spent?

Because such is the law. Property is shared by default, but debts are not. In this story, the husband was not aware of the debt or did not know where the wife spent the money. Maybe she didn’t take them at all and specially executed an agreement with a friend.

To prove that the debt is common should be the one who once took this debt and now wants to share it. The second spouse does not have to prove anything.

How can you prove that the debts went to the needs of the family? What if it's a cash loan or a non-purpose loan?

The court must examine all the circumstances. For example, what the family bought after the husband took out a loan, who paid for the purchase and from what account. You can present receipts for the purchase of household appliances, an agreement with a team of finishers, payment for a tour package or early repayment of a foreign currency mortgage.

If the wife demands to divide the debt under the loan agreement by one million rubles, but does not present documents for a large purchase, after allegedly taking this money from her mother or sister, the court will have no reason to divide the debt equally. And if she presents a contract for one million rubles, and confirms with documents only the purchase of a fur coat and a refrigerator, the court can divide only part of the debt between the spouses.

I'm not going to get divorced, but I take loans for the family. What should I do?

Keep documents that will confirm the use of borrowed money for family needs. These documents must be kept by the person for whom the loan is issued. If you want to divide property and debts during a divorce, you will have to prove where you spent the money. The property will be divided without evidence.

Conclude a prenuptial agreement, which will say that you will share a specific property and a specific loan in this way, and each spouse pays other debts independently. When new loans or property appear, change the prenuptial agreement.

If you are asked to apply for a loan for your wife's mother, her girlfriend or cousin, think carefully. During a divorce, you will not be able to prove that this money went to family needs, and you will pay other people's debts.

I am going to get a divorce and I am afraid that non-existent debts will be attributed to me. What should I do?

Conclude a marriage contract and agree in advance on the division of property and debts. If you can't reach an agreement, get ready for the trial. If you are presented with debts that you did not know about, do not agree.

Even if in the first instance the court decides on the division of such a debt and the appeal does not help, contact the Supreme Court. He had reversed debt-sharing decisions before if there was no evidence or it was implausible.

Oh, okay you. My girlfriend made a fake loan agreement and sued her husband's apartment on account of his part of the debt. It's a proven pattern!

The Supreme Court once again pointed out significant violations of the law in the courts of first instance. But this does not mean that such decisions on the division of property will never happen again.

If the spouse from this story had not applied to the Supreme Court, he would also have owed one and a half million rubles and, possibly, ceded his part of the property to his ex-wife. Or the bailiffs would have taken this property from him and given it to that girlfriend who seemed to have loaned his wife.

Spousal debts are encumbrances that have arisen for one spouse or both. during marriage and were taken to provide for the needs of the family. It is the concept of funds borrowed for the family good that is key in the definition.

• It is possible to determine which debts are joint and which are personal through a voluntary agreement between legal or former spouses. This is the best option for distributing debts. With a sound approach, it saves time, nerves and money for lawyers.
• The conciliation document is allowed not to be registered with a notary, while it will have legal force. Although, if desired, you can apply for notarization.
• A marriage contract can be used as a document regulating the division of debts. It is allowed to conclude at any time of married life.
• Judicial consideration of marital debts for their division can take place at the initiative of not only one of the couple, but also at the suggestion of the organization that issued the loan.
• When dividing the debt through the court, a representative of the bank is invited to the meeting with the help of the agenda.

Section of loans in the bank and in case of divorce

The credit institution is interested in the fact that the debt (especially if it is large) is paid in full. If there are two co-payers in the form of former spouses, this is much easier to achieve than when dividing the debt into two parts. Indeed, in the first case, at the right time, the bank may require the return of credit money from any of the two.

• Due to the fact that when applying for a mortgage, banks want to see spouses as co-borrowers, then after a divorce between them the debt and the mortgage object itself are divided. The problem is that before paying off the debt to sell housing is almost impossible.
• A court decision on the distribution of debts in a divorce does not always lead to such a division of debt in a bank that the plaintiff needs. The opinion of the representative of the financial organization may influence the decision of the judge.
• When concluding a loan agreement, in order to reduce risks, the bank has the right to require that one of the spouses act as a payer, the second as a guarantor. The document may include a condition that in the event of a divorce, the conditions are not subject to change. Such an agreement is not able to cancel even the court.
• On the other hand, in order to ensure the interests of the bank, its representative may demand in court that the debt be paid by the one from the couple who is indicated as the payer.
• The division of debts by means of an agreement is not a decree for the bank to divide the loan obligations between the spouses.

If there is an agreement, the husband or wife can try to re-register the joint liability agreement for one of them. Usually, the one who pays the balance of the debt receives the property of the object of credit.

Claim for division of debts

The claim for the division of debts is filed by the interested party. It refers to the presentation of claims in court that reflect the legal rights of the plaintiff. In a statement of claim debts are listed, subject, in the opinion of the submitter, to the section, and the desired the way they are distributed. It is in the interests of the plaintiff to indicate only those debts that he considers general. Before filing an application, it is necessary to take care of the documentary evidence base and the testimony of witnesses.

• The claim for the division of debts may be filed with the application for divorce or separately from it.
• The defendant has the right to put forward a counterclaim, in which he will state his vision of the situation and his list of requirements.
• When applying to a state body, citizens are required to pay a fee. A claim for the division of debts is subject to state duty, including. Its size is determined depending on the total amount of the claim - that is, the amount of debt that is supposed to be divided. The fee is calculated in accordance with paragraph 1 of Art. 333.19 of the Tax Code (Tax Code) of the Russian Federation. It can be from 400 rubles. up to 60 thousand rubles

Arbitrage practice

Judicial practice in the division of marital debts is not yet enough to form any generalizing conclusions. In each individual case, the court makes a decision by appealing to the principles of legality.

• Often, as a result of a lawsuit, former spouses award solidarity payment debt without dividing it into component shares.
• When applying to the court, the interested party must collect evidence base depending on how she wishes to split the loan. That is, to prove either that the money was spent on the needs of the family, or in the interests of only the borrower himself.
• When dividing common debts, the court must adhere to principle of proportionality of shares(Clause 3, Article 39 of the RF IC). In practice, this thesis is often deviated from, taking into account the interests of minor children of a couple or one of the spouses (clause 2, article 39 of the RF IC).

Due to the increase in the number of cases of fictitious debts, judges are cautious about recognizing debts as general.

If there is no relevant evidence (checks, receipts) that the debt was formed to ensure the interests of the family, the interested party may appeal to a slight gap in time between taking a loan and buying a certain thing. The court takes into account the total income of the family in order to understand whether it was possible to buy this property without attracting credit funds. If this was not possible at the time of purchase, a decision is made that the loan obligation is common to the spouses.

Questions from our readers and answers from a consultant

My brother divorced his wife in the summer of 2013, and in the fall she was convicted of economic crimes (embezzlement). It turned out that she took a lot of loans for consumer purposes. Now they have a division of property, the brother does not want to pay her loans. She demands the division of these debts. Does my brother's ex-wife have the right to do this?

According to the law, she has every right to demand the division of debts. Your brother's task is to prove that the money from these loans was not spent on family needs.

I want to share the debt with my ex-husband. What should I do and can I do it if the bailiffs already have a writ of execution against me?

File a claim for debt division.

The court decided that the ex-husband should return to me part of the paid loan, and divide the rest in half. The bank contract is for me. How to demand this money from my husband, because the bank requires a constant payment from me?

Take a writ of execution, submit it to the bailiffs, let them launch the debt collection mechanism.

debts- These are financial obligations that arise on the basis of various legal relations. These may be credit obligations to a banking institution, debt to repay a loan to individuals or to compensate for material and moral damage as a result of a flooded living space or a broken vehicle.

But does the Government of the Russian Federation provide for exceptions and features in the division of debt after the dissolution of an official marriage? In accordance with Family Code of the Russian Federation during a divorce, not only acquired property and things are subject to division, but also all debts that were issued during the marriage are also considered joint (the rights and obligations of even former spouses remain equal in this matter: details -).

Are spouses' debts divided in a divorce?

If the former spouses took out a loan for two, and then decided to file for divorce, its section will be implemented on the basis of the generally accepted rules of the Family Code. The provisions of this regulatory document regulate that property acquired in a joint marriage is divided equally, including common debts.

The debts of the spouses during a divorce under the RF IC Article 45 are common:

• debtors are both spouses (that is, co-borrowers) or those obligations in which one spouse is considered a debtor (borrower), and the other is a guarantor. Debt upon divorce will be charged in equal shares;
• only one of the spouses acts as a debtor, but on condition that the total amount of the debt was used for the needs of the family. There are cases when a husband/wife takes a loan from a bank to meet the needs of the family: to make repairs in the house to improve living conditions or to buy household appliances (washing machine, refrigerator, etc.). The corresponding debt is also recognized by the court as common.

How are they divided?

The principle of equality of spouses is taken as the basis for resolving the issue. This means that everyone becomes a debtor in the amount of 1/2 of the total debt. defines a number of exceptions that arise when dividing the debt obligations of a husband and wife when filing a divorce. The judicial organization may deviate from the general rules in order to protect the interests of the spouses, if one of them, for disrespectful reasons, did not bring income to the family. Arbitrarily disposed of the family's property not in its interests, thereby infringing on the rights of minor children.

Important! The legislator does not forbid one of the spouses to fully assume the debts and release the other party from debts.

Methods of division of debts in case of divorce of spouses:

• world agreement. An agreement is concluded between the parties if both spouses agree on how the division will be implemented, who will pay the debt and in what amounts;
• through the court. If the ex-husband and wife cannot reach an agreement, one of them sends a statement of claim to the court.

Attention! Civil Code states: a contract can be changed or annulled only by agreement of the parties, unless otherwise provided by the code, other laws or an additional contract.

Joint debt obligations

General debt obligations are debts that arose on the initiative of the spouses for the sake of the interests of the family. Even if the initiative came from one spouse, but all the money received was used for the needs of the family, the corresponding debt is also considered joint.

Joint debt obligations are divided into 3 types:

• buying things on credit, this category also includes a mortgage;
• education of common children;
• household needs of the family (household appliances, items of everyday life).

The main consequence of recognizing the debt as common is the equal distribution of debt obligations in the event of a formal divorce. If the joint debt is not repaid, it will be collected at the expense of the common property of the spouses. Bailiffs sell real estate forcibly, and all proceeds are transferred to the creditor bank.

personal debts

The court may recognize a separate category of debts as personal debts that will not be subject to division in the event of a divorce of the spouses. Such obligations may be debts that occurred before the official registration of marriage, namely:

• obligations to pay monetary compensation in connection with offenses;
• debts taken on purely personal needs (treatment of a sick relative, repair of personal property, traveling alone, etc.).

In order to confirm the personal nature of the spouse's debt, you must provide evidence that the funds were not spent on the family, and also prove that the family did not need the loan received (income certificates, bank statements).

Credit debts

Difficulties arise with the division of mortgage debt in a divorce. This is due to the fact that lender banks require spouses to act as co-borrowers when applying for a loan. In this case, according to the law and the agreement, they will be jointly and severally liable to the mortgage organization.

According to the general rules, debts on loans during a divorce will be divided in proportion to the parts received in the purchased apartment. The difficulty will arise due to the fact that not only the debt, but also the subject of real estate during a divorce must be divided in equal shares. But at the same time, the actual division or sale of the apartment is impossible, since the apartment taken on mortgage is pledged to the creditor bank. In order to resolve the relevant issue on optimal terms for the parties, the former spouses will be recommended to negotiate with the bank.

First of all, persons who have filed for divorce must notify the creditor bank of the impending dissolution of the marriage. and try to amicably agree on the possibility of dividing the debt or selling the mortgaged property and repaying the debt with the proceeds.

If it is not possible to carry out a voluntary division of credit debt and the court deals with the issue, a notification of the decision is sent to the creditor bank. It is worth noting that credit organizations include in the mortgage agreement a clause regulating that when the spouses-co-borrowers divorce, the mortgage agreement does not change. Accordingly, neither the conclusion of a voluntary settlement agreement nor the court decision can change the original loan agreement.

At the legislative level, an option is provided in which the debt can be repaid ahead of schedule with the help of a new loan, already taken by one of the spouses or both, but already separately.

Procedure

There are two ways to divide debts in a divorce: issue property division agreement or file a lawsuit. In the first case, the husband and wife can independently choose the procedure for separating debt obligations. The main condition is that the settlement agreement must be certified by a notary, without which the relevant document will not have legal force and the court will not accept it for consideration. Before certifying the contract, the notary must make sure that its provisions do not infringe on the rights of the other half.

If the former married couple did not agree on the division of debts, it is required to draw up a statement of claim and send it to the judicial department.

Despite the fact that there are no clear rules in the legislation regarding the division of debt obligations, based on all the above information, it can be concluded that it is possible to voluntarily settle the property rights and obligations of spouses using a marriage contract or an agreement on the division of property.

Important! A divorcing husband and wife should know that when dividing a mortgage, non-payment of the total debt on a loan is followed by foreclosure on joint property, if it turns out to be insufficient to fully repay the debt after a divorce, then the creditor bank will have the right to claim personal property of each of the spouses.

In this article, we will deal with the division of property of the spouses, as well as their joint debts. Questions are answered by a divorce lawyer.

When is the best time to divide property - before the dissolution of the marriage, in the process or after the divorce?

In fact, it does not matter at what time to divide the property. But it is desirable to do this either in the process of divorce, or after its termination. This is necessary so that there are no problems with proving the moment of termination of family relations.

The property is subject to division from a certain period. That is, people have ceased to conduct a joint household, there has ceased to be a common joint budget, respectively, from that moment they believe that property should be divided. And so that there are no problems with determining this moment, it is better to do this either after the dissolution of the marriage, when there is already a date for the entry into force of the court decision or a certificate of divorce, or in the process of divorce in the same case or in parallel, when the case is being considered in the global court.

How can property be divided? Is judgment always necessary?

To divide their property, spouses can use several options:

1. Marriage contract. It can be concluded both before marriage, and at any time during the marriage. At the same time, it should be noted that the marriage contract begins to operate from the moment of state registration of marriage, if it is concluded before the date of registration of marriage. The marriage contract is certified by a notary.
2. Agreement on the division of property. This agreement can be concluded both during the marriage and after its dissolution. The agreement must be certified by a notary.
3. Appeal to the court with a statement of claim on the division of joint property of the spouses. In court, property is divided either by a court decision, or in court, a settlement agreement can be concluded, which is approved by the court.

What property is shared and what is not?

Not subject to division:

• the property of the spouses acquired before marriage, that is, what was in their personal property before marriage;
• property acquired as a gift or inherited;
• personal items (gold jewelry, fur coats, etc.);
• pieces of furniture, appliances, household items belonging to the child.

To be divided movable and immovable property acquired during marriage, regardless of whose money it was bought.

I would also like to note that in addition to property, joint debt obligations are also subject to division.

How is marital property divided? Is it always equal?

As a general rule, everything acquired during the marriage is divided between the spouses strictly by 1/2 share. But if it were that simple, then people would not go to court. Everyone has their own truth.

For example, a spouse can prove that he has made more contributions to some kind of property or business development. Very often there are situations when men say: “Well, she didn’t work, she sat with the children! And I made money, I paid for everything. But in fact, it is believed that the contribution of the spouses to the joint budget is equal.

There are also situations when the share of the spouse with whom the child remains can be increased by the court. Everything is very individual.

The car is most often divided strictly in half. In this case, the property itself remains in the use of one of the spouses, and the second spouse is paid compensation in the amount of 1/2 of the market value of the car.

Another example where the share of a spouse can be increased or fully recognized for one of the spouses is if the spouse proves that the property was acquired with his personal funds. For example, an apartment that was bought in marriage was purchased with the proceeds from the sale of an apartment that was inherited.

Are they trying to deceive in court in order to increase their share in the division of property?

Of course, such cases do occur in practice. And not rarely.

Often, deeds of gift and receipts are brought to court in order to withdraw the property of their regime of joint property of the spouses. But these donation agreements and receipts can be challenged and declared invalid. Now very popular have become examinations for the limitation of drawing up documents and affixing a signature. But usually, if a person is disingenuous, brings a false document that does not correspond to reality, and the opposite side says that an examination will be appointed to verify this document, very often such receipts and contracts are taken back. And usually that's where it ends.

The court makes its decision not on the basis of one document (receipt or contract), but on the basis of the totality of all evidence. Sometimes the deception is obvious. For example, when documents do not appear at the beginning, but later, during the trial.

Despite the fact that there is a criminal liability for the provision of false documents, in practice the courts do not apply this article and do not punish anyone under the criminal law. Therefore, this is actively used, because. Virtually no accountability.

How is a mortgage apartment and mortgage debt divided?

The mortgage apartment is divided in the same way as all property - 1/2 share.

There are questions in the mortgage section itself.

For example, when 1 spouse is a borrower, and the second is not. In this case, the bank is involved in the court. He is the 3rd person in the process. But banks do not go for a mortgage loan section, since in fact this is a replacement of a person in an obligation. Therefore, by a court decision, it is impossible to oblige the second spouse, who is not the borrower, to pay the mortgage. Mortgage payments remain the same on the borrower.

It is better for spouses to agree on a mortgage peacefully.

For example, the borrower is left alone, but in fact two pay. Or if the spouse continues to live in a mortgage apartment, let him pay.

How are spouses' debts divided?

The total debts of the spouses, as well as property, are divided in half. It is believed that debts are taken for joint common family needs. Therefore, the general rule applies to debts - in equal shares. These can be debt obligations to individuals, for example, on receipt or loans to banks. However, not all so simple.

Case Study: The spouse admits that there was a debt, the debt has been taken. But not a single bank will give a 50/50 share of the unpaid debt. The court cannot make a decision on the division of debt in a situation where the loan is issued to one spouse. Since the court cannot, by its decision, change the terms of the contract with the bank. In this case, there are the following options: the first is to recover half of the payments already paid from the moment of termination of the marriage and go to court every 3 years with a claim to recover half, the second is to repay the entire loan at a time and also recover half of the paid loan. And the current loan cannot be divided for the reason that there is a 3rd party bank in the case that will never allow this to be done.

How are loans and loans divided, which the wife or husband did not know about?

There are times when a wife or husband can prove that the loan was taken without their knowledge and the money was not spent on the needs of the family. The other side, if it is sure that it is right, must prove the opposite - that the money was spent specifically for general needs.

In general, when people are married, it is understood that both spouses, when using the funds of the joint budget, plan it jointly. And there are situations when, for example, a spouse sells a car and claims that the wife knew about this deal. But his wife says otherwise. In this situation, the judge may take the side of the spouse, because we have such a thing as "the presumption of consent of the second spouse to the sale of property." In this situation, the wife needs to prove with concrete evidence about her ignorance about the car purchase and sale transaction and that she still assumed that the car was with her husband.

An example from the practice of a lawyer: The woman used a car. The couple had a child with a disability. And the car was purchased for the purpose of transporting the child to hospitals and rehabilitation centers. And the wife was engaged in the fact that she drove the child while her husband worked. My husband didn't even have a driver's license. That is, he never used a car. The car has always been in the use of his wife. Then their relationship begins to deteriorate and the spouse re-registers this car under the contract of sale to her girlfriend. The car remains in her possession. The husband did not even think that she had sold it. Then the spouse files a claim for the division of property, and the spouse brings the contract of sale of the car to the court. In court, it turned out that the car had been sold for a year. The husband, on the advice of a lawyer, did the following: suspended the property division process, filed a new lawsuit with the same court to recognize this car sale and purchase transaction as invalid (imaginary), resume property division and divide the car.

In which court to apply for the division of property?

The claim for the division of property is "property" and it is subject to assessment. Jurisdiction is determined depending on the value of the claim:

• if the value of the claim is less than 50,000 rubles - the statement of claim is filed with the world court,
• if the value of the claim is higher than 50,000 rubles, the case will be considered by a federal court of general jurisdiction.

Is it possible to combine divorce, alimony, division of property and disputes over children into one statement of claim?

This is a very common question asked by spouses who want to divorce. The law does not prohibit combining all claims into one claim.

But in order to save time and to make the whole process more structured, it is better to separate these processes. It doesn't have to be done sequentially.

The only exception is when claims for the recovery of alimony for the maintenance of a child who remains to live with one of the spouses are also filed with the requirements for the dissolution of the marriage.

Divorce and division of property should not be combined into one lawsuit, but carried out separately. Because the division of property is a rather lengthy process that can take several months.

What documents are needed for the court?

For the division of property, it is necessary to prepare the following package of documents:

• documents for property to be divided,
• certificate of property valuation from an appraisal organization,
• documents that confirm the legal position (donation agreements, receipts, certificate of inheritance, sale and purchase),
• divorce certificate (if any)
• check for payment of state duty.

How is the property division process going?

The process of dividing marital property can be very lengthy. Sometimes property is divided even for years. Therefore, it is better not to tie the dissolution of marriage and the division of property into one lawsuit. Better to share.

Court hearings may be delayed for a variety of reasons. For example, at the request of the parties (on the appointment of an examination).

Also, the case may be suspended altogether. For example, in connection with consideration of a related other case.

It happens that the judge gives time to negotiate the terms of the settlement agreement.

The situations are completely different.

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