Division of property of spouses. All possible options for the division of jointly acquired property.
When we enter into a marriage, the last thing we think about is its material side. It seems that the division of property is not about us, everything will be different for us, not like everyone else. However, according to statistics, in the first 9 years of marriage, 2/3 of married couples get divorced, and along with this, problems arise in the division of jointly acquired property. In this situation, it is important to do everything legally correctly.
How to properly divide joint property in marriage, divorce or after the marriage is dissolved; how to do it in the most profitable way, resolving the disputed situation with the least losses.
The joint property of the spouses includes the property acquired during the official marriage. From the first day of marriage registration, common property appears in the registry office - these are wedding gifts, salaries and other income. Everything that is acquired during the marriage with the common money of the husband and wife belongs to their joint property. Joint property also includes money and bank deposits. It does not matter in whose name the property is registered according to the documents.
The regime of joint ownership of property means that each of the spouses can equally use and dispose of this property. The consent of the second spouse for transactions with property is not required, with the exception of transactions with real estate or requiring registration, notarization. In these cases, it is necessary to obtain a notarized consent of the second spouse for the transaction.
The second spouse has the right to challenge the transactions by applying to the court with a claim for the recognition of the transaction as invalid due to the lack of his consent.
The joint property regime does not apply to the personal property of the spouses. This property belongs to each spouse individually, only he can dispose of it. The other spouse may use such property only with his consent.
Personal property includes property acquired before marriage or received in marriage as a gift, by inheritance, under a gratuitous transaction (for example, the privatization of an apartment). The property of each of the spouses also includes his personal belongings (clothes, accessories), with the exception of jewelry and luxury items.
Personal property may be divided if it is recognized as the joint property of the spouses. Such cases arise when, during the period of marriage, personal property was subjected to a serious improvement, significantly increasing its value at the expense of the common funds of the spouses.
A prenuptial agreement is an agreement that defines the property rights and obligations of the spouses during the marriage and upon its dissolution. In the marriage contract, you can specify which of the spouses will own specific property, both existing and planned for acquisition in the future.
The marriage contract is drawn up at the notary. It can be concluded before the marriage is registered (in this case it will still come into force after the marriage is registered in the registry office) or at any time during the marriage.
When dividing property in the presence of a marriage contract, the regime of joint property of the spouses is determined precisely by this agreement. A marriage contract can be challenged, it can be changed or terminated by mutual agreement of the spouses or in court: .
The spouses may divide the joint property at any time after the conclusion of the marriage. You can start the section the very next day after the registry office, the main thing is that there would be something to share. The division of property during the marriage can be secured by a written agreement of the spouses or the dispute can be resolved in court.
When dividing property during marriage, only the property that is available is divided. With regard to the fate of property that will be acquired in the future, it is necessary to conclude a marriage contract. Property acquired by the spouses after the division will again be considered their joint property.
An exception is the case when the spouses, without formally dissolving the marriage, actually terminated family relations. However, if there is a dispute, this circumstance will need to be specifically proven in court.
After the dissolution of the marriage, all property acquired by the spouses becomes their personal property. The spouses must decide the fate of the joint property. In this case, it is possible to conclude a written agreement between the spouses or the division of property through the court. You can write .
The law provides that the limitation period for the division of property of spouses is 3 years. Please note that this period does not begin to run from the moment of divorce, but from the moment when the second spouse found out or should have found out about the violation of his right. Thus, if the issue of the fate of some thing was not resolved during the dissolution of the marriage, then the second spouse can make claims on it even after a considerable time. Perhaps with his admission for good reasons.
For the division of property, it is necessary to determine the composition of the property, its value, the share of each of the spouses, to establish which of the spouses will receive a particular property.
The composition of jointly acquired property is determined by the transfer of this property. The property must exist in kind, there must be a real possibility of dividing this property.
The value of the property is determined at the time of its division. It does not matter at what price these things were purchased, what is their market value. Spouses have the right, having agreed among themselves, to determine absolutely any value of their property. If it is difficult to agree on the value of the property, you can use the services of an independent appraiser or the market value of these things.
As a general rule, it is assumed that the shares of the spouses in the jointly acquired property are equal, ½ share each. The size of the shares does not depend on which of the spouses earned how much. The spouse who was involved in the household has the same rights to property as the spouse who brings income to the family. This rule can be deviated by agreement of the spouses. An obvious condition for changing this rule will be the situation when one of the spouses spent the common property not in the interests of the family (drank, spent on drugs, lost in gambling), or did not receive income for unexcused reasons.
The simplest and most obvious option for spouses is to divide the property by agreeing among themselves peacefully. In this case, a written document is drawn up - an agreement on the division of property, which is signed by the spouses. Such an agreement can be certified by a notary.
In the case of real estate, it will be necessary to issue state registration of the transfer of ownership. In the case of vehicles, it is necessary to resolve the issue of removal and registration during re-registration.
In the absence of agreement on the division of property by peaceful means, disputes are resolved in court. Before going to court, it is also necessary to determine the composition of the property to be divided, evaluate it, determine the shares of the spouses, and also to whom what property will be transferred. In the event of a litigation, the plaintiff independently determines all of the listed positions, while it should be borne in mind that the defendant may not agree with the claim, file or write.
When considering the case, the court will take into account the need for property and the interest in its use of each of the spouses, who mainly used the specific property, was the initiator of its acquisition. For example, the car will go to the spouse who has the right to drive. When dividing expensive things that cannot be divided in kind, for example, real estate (apartments, houses), the court will most likely determine the mode of shared ownership of these things.
When property is divided, the joint debts of the spouses are also subject to division. The amount of debts will correspond to the size of the shares of the spouses in the division of joint property. If the shares of the spouses are recognized as equal, then all debts are divided in equal parts.
It should be borne in mind that only real, already incurred debts of the spouses are subject to division. If there are joint obligations (loan agreement or loan agreement), they can be divided between spouses only with the consent of the creditor (bank or borrower). If there is no such consent, then the obligations must be fulfilled by the spouse specified in the contract. After paying off the debt, he has the right to recover from the second spouse the share attributable to him.
We examined in detail the issues of division of property of spouses who officially registered the marriage with the registry office. But what about those citizens who simply live together without signing, the so-called cohabitation or civil marriage? In this case, the regime of joint ownership does not occur. The Family Code of the Russian Federation does not apply to such relations.
In this case, legal relations arise, which are regulated by the provisions of the Civil Code of the Russian Federation on the shared or individual property of several persons. Property becomes the property of the person in whose name and at whose expense it was acquired.
If one of the cohabitants saved money all the time of living together, living on the support of the second “spouse”, and then acquired an expensive thing (for example, a car or an apartment) in his own name, he will be the sole owner of this thing.
To avoid negative consequences, cohabiting citizens can be advised to document all their relationships. Acquisition of all things with joint money should be registered as shared ownership in order to avoid problems later.
Divorce is an unpleasant, complicated and troublesome business. Rare spouses disperse peacefully. The most difficult - divide property, after all, common children will mostly stay with their mother. According to the law, acquired during the marriage is divided in half. How not to lose property during a divorce: what is considered common property and what is not. Tricks to help you keep your property in a divorce.
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The main legislative act regulating family relations and their termination is the Family Code. According to its provisions (Article 34) spouses have equal rights in relation to everything that they have acquired during their time together.
You can share:
objects of real estate;
cash savings;
· furniture;
· transport;
Small items
In practice, people share "spoons and forks", not wanting to give in. An exception that allows you to change the procedure -.
It is drawn up to regulate property relations and allows you to predetermine the procedure and rights of both parties. If they are ready to follow the terms of the agreement.
A citizen can keep property if it:
5. No share gifts. If the newly-minted wife asks to give her part of the premarital apartment, citing her insecurity, you can’t give in. To become a mistress, it is enough for a woman to be the wife of the owner. And vice versa. The rest - only cunning attempts to "chop off" part of the property that they are not entitled to.
6. Do not gift premarital property. - completed transaction. After the parties sign the agreement, the object of the transaction is transferred to the gifted. He has the right to then evict the donor and this is legal.
7. It is not necessary to give "marriage" property. For example, the husband's parents decided to make the young happy, gave them an apartment. Having issued at the same time on the son.
According to Rosstat, every third Russian family breaks up, in some regions - every second. Divorce- an unpleasant process that is aggravated division of property of spouses. And there is no single solution for each case, since everyone's situation is different. How to divide property, avoid losing decisions, what rights children have - this is what our article is about.
There are three ways to share what you have:
The first way out involves the execution of a document - an agreement that provides for what and in what proportion passes to the parties. One listing is not enough. It is necessary to describe items indicating, for example, the model, year of manufacture, color of the housing of household appliances. It is advisable to involve a family law lawyer in drafting the document.
It is desirable to supplement property division agreement indication of the market value of the property. If the document does not cause disputes among the ex-husband and wife, they fix it with a signature. Even better - to certify in a notary's office.
This document repeats the provisions of the agreement. But it is concluded at any stage of the relationship: before marriage, before divorce or after it. And it may provide for items that are not limited to the division of property, for example, with whom the child will live, sizes, the procedure for paying alimony, parental rights and obligations.
If one of the spouses makes expensive purchases after a divorce, it is recommended to keep receipts. Otherwise, the former half can claim their rights to them through the court.
Suppose the marriage contract was not concluded, the former spouses cannot come to a single decision, then the only way out remains - division of property in court. According to the general provisions, the plaintiff applies to the court, to which the defendant belongs territorially. But the applicant has the right to file a claim at the place of his residence. Here are the conditions when this is possible:
A dispute between former spouses is considered by a justice of the peace if the property is valued at no more than 50 thousand rubles. The division of more expensive valuables is carried out by district courts.
Former spouses cannot claim each other's personal belongings. These include:
Property purchased before marriage, property privatized by one of the spouses, also belong to the category of personal property.
The things of children, money in a bank account, objects of copyright, property purchased before marriage, items received as a gift or purchased with donated funds, property inherited from relatives are also not divided.
Often ex-spouses do not know when to start dividing joint property. This can be done in parallel with the divorce process. The court will have to prepare two claims: petition for divorce and section. They may be considered as part of a single trial or separately.
If the parties came to the decision to divide the property through the court after the divorce, it is necessary to file a claim before the expiration of 3 years from the date of dissolution of the marriage. It is these years that the statute of limitations is limited to.
A sample claim for the division of property, as well as, the applicant can take in the office of the court. The application must contain a number of mandatory items:
If monetary funds are declared as disputed property, then a specific amount must be indicated. It also indicates the requirements to be satisfied, for example, to recover divorce fee or division of property from a former spouse.
The court will not make a decision only on the basis of a statement of claim. Therefore, the plaintiff, in addition to the application, must present:
Attached is a document confirming the payment of court costs. The amount of the state duty depends on the value of the disputed property. If it is paid by only one spouse, he may claim reimbursement in the pending claim. The parties can share the costs in half by mutual agreement.
In a divorce proceeding, the following property is subject to division:
When dividing property, the rights of children must be taken into account. When the issue between the ex-husband and wife is resolved amicably, the agreement provides that a large share will go to the parent with whom the children remain. It is not uncommon for property to be divided equally, despite the fact that the child remains to live with his mother or father.
At divorce through court with children the division of money, real estate is different. When making a decision court, primarily concerned with protecting the rights child. Therefore, the verdict will be in favor of the one with whom the daughter or son will live. The judge will not necessarily award a woman a large share of the apartment, she can transfer the right to own a car so that she can transport children if the road to the kindergarten or school is long enough. One condition - mothers must have a driver's license.
There are no exactly the same solutions. Each situation requires an individual approach, careful consideration.
Former spouses have the same rights to jointly acquired property. However, their shares may be different, if provided. marriage contract. Also, the court in its own way can distribute the shares based on who the minor children will live with. The judge will take the side of the woman if there is evidence that the husband, being healthy, does not benefit the family: he does not work anywhere, wastes money, drinks, loses in gambling.
Consumer credit, mortgage, loan - debts between former spouses, like property, are divided equally. The parties must apply to the credit institution and obtain a separate contract for each. Loan conditions (rate, repayment terms) will remain the same. Since the loan amount is divided in half, the amount of the payment will change.
An apartment, a summer house, a car cannot be physically separated. If you register ownership of half of the property unit, divorced spouses will not want to see each other. Therefore, you can use several ways to partition:
The legislator did not provide for a rule that could oblige former spouses to share property according to the second scheme.
It must be remembered that all joint property is divided strictly equally. Suppose an ex-husband or wife needs to share a cottage and a land plot on which the building stands. It is unreasonable to give a house to one and a plot to another. Otherwise, it will cause a lot of legal difficulties. There will be a need to sell the object, how can a person get out of the situation? It is impossible to sell a house without a plot and vice versa. Therefore, during divorce proceedings, each property is divided in half.
The subject of legal proceedings is often the property inherited from close relatives: an apartment, a house, a garden plot, etc. If the will as the recipient of property contains only one of the spouses, then the right of possession passes only to him. If both the husband and the wife are designated as heirs, they will receive exactly those shares that rely on the will.
Family business requires the same efforts from the spouses, well-coordinated actions. However, when a family breaks up, losses are inevitable, the loss of customers - the spouses are mired in solving personal issues, they are not up to business development. In order not to lose the enterprise at all, it is necessary to decide in time and correctly how to correctly divide the common cause.
Lawyers from the field of family law recommend drawing up a prenuptial agreement and providing for the terms of the section in it. If a peace agreement is not reached, the business will have to be divided through the courts within the framework of the provisions of the law. With a mutual decision, the parties can accept a way out that suits the former spouses. But they are unlikely to consider the decision fair.
Division by court means that income, parts of the authorized capital, equipment are divided in half. The judge is not interested in who showed more diligence in the joint case.
There are many reasons for going to court:
Partitioning methods depend on many factors. From the standpoint of the law, private business belongs to the category of property. They can be traded, transferred to a third party, divided. Business, which is associated with the results of intellectual activity, has its own nuances.
The law offers several ways to partition:
Thus, summarizing the ways of dividing different categories of property, we can draw the following conclusions:
Divorce and division of property are complex procedures from a legal and psychological point of view. We wish to solve the problem in a civilized manner.
When dividing property during a divorce, it is very important to determine which objects are subject to division, and which will remain in the personal use of one or another spouse. To do this, you must first understand what exactly is considered jointly acquired, and what is considered personal.
Article 34 of the RF IC provides a detailed list of property that is considered joint property. These objects include:
Income refers to any amount of money, regardless of what source it comes from. It can be both wages and the result of intellectual activity or even a pension.
The list of what the legislation understands as jewelry is presented in Federal Law No. 41. There is no clear definition of luxury goods, and the court will independently determine whether certain objects belong to them or not. Obviously, expensive paintings or mink coats will be classified as such. Formally, it is considered that everything that is not related to the essentials is a luxury.
Absolutely everything that has its own value is subject to division, provided that it was received in marriage.
Article 36 of the RF IC contains a list of property that is not subject to division. Given the fact that almost everything that was acquired during the marriage is divided, most of the objects that are not subject to division are what was received before marriage, as a gift or inheritance. Not subject to division (considered as personal property):
Example: My husband has written a book that sells well. In a partition, the wife may claim a share of the proceeds from the sale of the book, but she does not have the right to claim the book itself. Of course, if she was not a co-author.
Example: The wife inherited a large amount of money. She bought a car with them. It will not be subject to division upon divorce.
The property described in the marriage contract (if one was concluded) stands apart. This document is contrary to the law and is taken into account in the first place. It can indicate any type of property, both already owned and those that will be received in the future.
Example: The marriage contract states that all property of both spouses, both joint and personal, is divided equally in the event of a divorce, regardless of how it was received, before marriage, by inheritance, gift or in any other way. In such a situation, the norms of the law do not apply, since the spouses themselves agreed to such a marriage contract. They can change it, but only by mutual agreement.
Often, long before the actual divorce, the spouses leave and begin to live separately, creating their own families and no longer in contact with each other. The law takes this moment into account and property acquired during separation is considered personal, not joint. As a result, it is not subject to division.
Example: Vasily quarreled with his wife and left for another apartment. The couple could not reconcile, continuing to live separately. During this time, Vasily was able to save up money and buy a house for himself. The actual wife initiates a divorce and demands that Vasily’s house be divided, but the court does not accept her demands, since Vasily proves that this property was acquired by him long after the couple parted.
There are also exceptions. In some cases, property may be recognized as joint property even if it originally belonged to either spouse on the basis of personal ownership. In such a situation, both real estate objects and transport or even household appliances can be divided.
To do this, the second party must prove that the specified property in the marriage was subject to improvement, modernization or major repairs at the expense of the family budget.
Example: Vasily has an apartment in a rough finish and a car purchased before marriage. This is his personal property, not subject to division. In marriage, at the expense of the family budget, the apartment was brought to a residential state. During a divorce, the wife may demand that the property in question be divided equally, as its value has increased significantly due to major repairs. But she has no right to claim the car.
In most cases, all jointly acquired property of the spouses (and recognized as such) is divided between the former husband and wife in equal parts. In this case, it does not matter whether both worked or one of them worked. However, the court will take into account the fact that one of the spouses could not work for disrespectful reasons, specifically refused employment and did not want to do anything at home. In such a situation, he is likely to receive a smaller share.
Also, children are taken into account. Not only is their property not subject to division, but in most cases, they still receive their share. For example, if the apartment was purchased at the expense of maternity capital.
There are two main options for the division of property: with the help or through the court.
An agreement is a voluntary document concluded between spouses by mutual consent. In it, the division can be made in any way and not even in equal parts, as long as the parties agree with this. This document must be notarized, otherwise it is not valid.
Download property division agreement
For certification, you will have to pay a state fee in the amount of 0.5% of the value of all shared property and about 5 thousand rubles more for notary services. By the way, if it is impossible to determine the cost of objects on your own, then you need to pay additionally for the services of an appraisal company.
If an agreement cannot be reached, the only option is to go to court. To do this, you will also need to evaluate all the objects to be divided, draw up and pay a state fee.
Download the statement of claim for the division of property in a divorce The cost of the state duty in this case will be higher (Article 333.19 of the Tax Code of the Russian Federation), primarily because the plaintiff will pay the entire amount, and in the case of an agreement, the amount can be divided between both parties. On the other hand, if the plaintiff wins the case, he may seek compensation from the defendant for the costs incurred.
There are several main ways to divide property between spouses, depending on what type it belongs to:
You can demand the division of property within three years from the moment when one of the parties finds out (or should have known) that its rights are being oppressed. Often this moment coincides with a divorce, and therefore sometimes they mistakenly begin to count from the moment of divorce, which is incorrect.
If you cannot decide on the rights to certain objects, we recommend that you discuss this issue at a free consultation with our experienced lawyers. They will not only help to distribute all property into joint and personal, but they will also be able to determine what from this list can be recognized as jointly acquired and even force the court to decide in your favor.
Divorces of spouses, accompanied by the division of property, are one of the most complex cases, which are often difficult to deal with not only for ordinary people, but also for professional lawyers.
The value of the property is determined by its current market price. Divorcing spouses can evaluate the property both independently and using the services of a professional appraiser. Payment of compensation does not have to be immediate. You can agree on the timing and procedure for its payment, including in installments.
As a rule, vehicles, jewelry, etc. are divided in this way.
2nd option: spouses sell property. And the money received is divided in equal shares. Usually this is how real estate is divided.
However, with the outward simplicity of the 2nd option, it is not always possible to use it. Because one spouse can seek to ensure that the property was sold. And the second is his transfer and payment of compensation. And it is impossible to legally oblige spouses to apply the second option. In fact, with the 2nd option, it will no longer be the property that will be divided, but the money received from its sale.
Expert opinion
Aleksandrov Dmitry Petrovich
There is one more nuance: the property must be divided in exact proportion - 50/50. And this means that if you divide a country house and the land on which it is built, then you cannot allow one spouse to receive a plot and the other a house. Of course, with the consent of the spouses, it can be divided in this way. But this will inevitably lead to problems in the future, since neither the house nor the plot can be sold separately.
There are 3 options here.
First option: divide the property into shares. Accordingly, mortgage payments will also be divided in the same shares. In this situation, each of the spouses concludes an additional agreement to the main mortgage agreement, according to which he must pay the established part of the debt.
After the payment of the mortgage debt, the divorcees acquire the right to own housing in the shares specified in additional agreements.
In reality, this option is not often used, since spouses rarely have the same income. And mortgage payments will not be divided equally. And in cases where the shares in real estate (and, accordingly, the sizes of mortgage payments proportional to them) are divided unequally, this causes disagreement of both the creditor and the other spouse.
Second option: one of the spouses renegotiates the mortgage agreement for himself. Thereby freeing the second spouse from any mortgage payments. In this case, the "liberated" loses all rights to real estate. Upon completion of the mortgage payments, the spouse who has assumed the entire mortgage debt is obliged to return to the second spouse 50% of those mortgage payments that were paid between the conclusion of the marriage and the dissolution of the marriage.
Third option: The property is sold and the proceeds from the sale are used to cover the mortgage debt. The rest of the money is divided equally. At the same time, the creditor bank is engaged in the sale of real estate.
Expert opinion
Aleksandrov Dmitry Petrovich
Practicing lawyer with 15 years of experience. Specializes in family law
But it should always be remembered that regardless of the option chosen, the consent of both the divorcing parties and the creditor is required. If the property is divided in court, then, as a rule, the court gives priority to the position of the bank. Banks, on the other hand, prefer the third option in order to get their money guaranteed and quickly.
The division of property acquired during marriage can be carried out, for example, to resolve issues related to inheritance. For example, if one or both spouses were previously married and have children born in it. And it is necessary to transfer to such children a part of the property acquired in the current marriage.
It is also not uncommon for cases when, as a result of the unsuccessful entrepreneurial activity of one of the spouses, there is a risk that creditors will impose a penalty on all joint property of the spouses. In these situations, divorce and division of property are often purely formal. In such cases, the entrepreneurial spouse may knowingly agree to an unequal division by ceding to the other spouse most of the joint property.
Such a “reception” is especially effective when children remain with the spouse, in whose favor the assignment of the main share of the common property was made. In this case, based on the priority of protecting the rights and interests of the child, the likelihood that the court will leave most of the property of the spouses inviolable increases significantly.
The division of the common property of the spouses does not have to take place in the form of a court proceeding. The legislation of the Russian Federation also allows the conclusion between the divorced parties of the Agreement on the division of property.
We also want to draw attention to such an important nuance - an agreement on the division of property of the spouses can be concluded without divorce. This agreement can also protect the husband or wife from the inheritance claims of the spouse's relatives in the event of his death. Also, such an agreement can be concluded in the event of a painful craving of one of the spouses for gambling or alcoholic beverages.
The Agreement must specify in detail what specific property which of the spouses will get after the divorce. However, there are certain nuances that must be taken into account when drawing up the Agreement. These include:
Thus, all jointly acquired property of the spouses, not divided under the concluded Partition Agreement, will be divided on general legal grounds in court proceedings.
If there is a marriage contract, then the property is divided according to it. The contract can be concluded at any time. Even in the last days before the dissolution of the marriage.
If a husband and wife enter into an Agreement on the division of property or a marriage contract, then the division will be made in accordance with these documents, regardless of the presence of children.
But if there is no agreement and the case is decided by the court, then the situation is different.
The law obliges the courts to put the best interests of children first. And in a more advantageous position is the parent with whom the court leaves the child. And this means that most of the housing can be transferred to such a parent.
The spouse with whom the child is left is also given priority when dividing the car. Since if he can prove the need to leave the car behind him in the interests of the child (you need to take the child to school), then the court will satisfy such a requirement.
Before writing a statement of claim, it is necessary to find out which particular court the case belongs to. It is not uncommon for divorcees to live in different places. The legislator determines the rule of jurisdiction - the claim must be accepted and considered by the court at the place of residence of the defendant.
There are 2 exceptions to this rule:
If the value of the property is less than 30,000 rubles, then such cases fall within the competence of the justice of the peace courts. If the price is higher than 30,000 rubles, then the claim must be considered by the city or district court.
The general civil limitation period of 3 years applies to the divorce division of joint property. That is, a statement of claim for the division of property can be filed within 3 years from the date of divorce.
The claim must be filed with the clerk of the court. Samples of statements of claim are most often placed on stands in the lobby of the building. Or you can ask for them at the court office.
The claim must contain the following information:
The following documents must be submitted along with the application to the court:
The amount of the state duty is established in Article 333 of the Tax Code of the Russian Federation and is determined by the price of the claim. The amount of the state duty increases in proportion to the value of the claim. The fee must be paid prior to filing a claim with the court.
The losing party must pay the other party's legal costs. You can already in the statement of claim itself, among other requirements, indicate the requirement for reimbursement of the paid state duty. If the claim is filed by the parties jointly, then the state duty is paid by them in equal shares.
If the party to the dispute has reason to believe that the opposite party can independently dispose of the common property even before the court decision, it is possible to apply for attachment of such property. This right is given to the participants in the trial by Article 140 of the Code of Civil Procedure of the Russian Federation.
If the court confirms the validity of such fears, then the petition is granted and a writ of execution is issued, which is transferred to the bailiffs for immediate execution - the arrest of property.
The arrest is removed immediately after the court makes a final decision on the case in which the arrest was made.
During the seizure of property, the following occurs:
The seizure of money in a bank account ensures that they will not be cashed out or debited from the account.
The law does not establish any time limits for arrest. Arrest is canceled by agreement of the parties or by a court decision.
In order to make all the above information easier to put together in the big picture, you can illustrate it in the form of the following diagram.
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