Real estate (apartment, house) and movable property (car), money capitals, securities.
All the income that the couple received for their work.
All property purchased during the marriage:
According to the legislation of the Russian Federation for 3 years after the divorce, it is possible to assess and divide the property acquired during the stay. It is divided equally, because the spouses have equal rights, even when one did not work anywhere, dealt exclusively with children, the household, and the other brought profit to the family. What else can be estimated at the division of property?
In accordance with the RF IC, all property acquired in legal marriage, except for free received, is assessed. It includes:
- Evaluate and share the profits from business activities, the value of the company or enterprise.
What property does not need an assessment and section?
- There are also such things that after the dissolution of the marriage union it is impossible to divide. They are ranked.
- Property purchased before the official marriage. It could be a car, a flat.
- Property received free of charge (inheritance, donation).
- Personal belongings of spouses (clothing, shoes, gifts). Precious metals are not personal belongings and must be evaluated and divided.
- Things and contributions to children under 18 years old.
- Property valuation in the division of marital property
property valuation in the division of marital property is one of the controversial issues that may arise. In this article I will share my ideas and best practices on the issue of property valuation in the section.
Assessment of property in the division of property of spouses may be needed in two cases. The first case – to determine the size of the state duty when filing a claim on the division of property of spouses. The second case is to determine the value of the property when it is distributed between spouses and the amount of monetary compensation if the property is not distributed in equal shares.
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Property valuation in determining the amount of state duty:
Before filing a lawsuit in court must be paid state duty. If the statement of claim does not include a document confirming the payment of the state fee, the court leaves the claim statement without motion and provides a reasonable time limit for paying the state duty. If the state duty is not paid in the given period, the court returns the claim. It is provided for by Art. 132, 135 of the Civil Procedure Code.
The size of the state fee is determined as a percentage of the price of the claim, and the price of the claim is the value of the property claimed by the spouse (usually half the value of the property acquired during the marriage). Read more in the state duty article on the division of property of spouses.
Next, I will talk about the features of the assessment of different types of property for the purpose of paying the state duty on the claim for division of the property of spouses.
Property valuation, including residential buildings and apartments, for the payment of state duty when filing a claim on the division of property of spouses (except land)
According to paragraph. 9 h. 1 Article. 91 of the Civil Procedural Code of the Russian Federation on claims on the ownership of immovable property owned by a citizen on the right of ownership, the price of the claim is determined based on the value of the object, but not lower than its inventory estimate or, in the absence of it, not less than the estimate of the value of the object under the insurance contract, the object of immovable property belonging to the organization is not lower than the balance sheet value of the object.
As can be seen from this provision, on the one hand, the price of a claim for the division of real estate can be determined on the basis of the market value of the property. The market value of the object is determined by the appraiser.
By virtue of Art. 3 of the Federal Law of July 29, 1998 No. 135-FZ “On appraisal activities in the Russian Federation”, the market value of the appraisal object is the most likely price at which this appraisable object may be alienated on the open market in a competitive environment when the parties to the transaction act reasonably having all the necessary information, and the value of the transaction price does not affect any extraordinary circumstances.