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Agreement on the division of debt obligations of the spouses. Sample agreement on the division of property between spouses

Married spouses can divide property by signing a peace agreement. According to this agreement, it is prescribed what remains for each party. The agreement must be beneficial to both spouses so that it is not later challenged in court.

The agreement on the voluntary division of property is not a marriage contract. These are two different documents, as there are a number of differences.

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Features of the agreement

The agreement provides for the transfer of property in the possession of someone specifically from the spouses(for example, a wife gets an apartment, and a husband gets a car). There is also an agreement that determines the shares of the former spouses. All property is divided into parts.

The agreement is governed by the Civil and Family Codes of the Russian Federation, which gives an idea of ​​the possible division of all acquired property, as well as the allocation of parts and indivisible property.

The agreement must be registered in Rosreestr so that it has a legal and legal basis. From the moment of registration, the contract will be considered an official document, and its terms will come into force. If the agreement is not registered, then upon appeal in court, it will be declared invalid.

There are no special requirements or restrictions in such an agreement. A couple can draw up many contracts for different properties. For example, separately conclude three agreements: for real estate, transport and securities.

When is this agreement concluded?

Such an agreement can be drawn up after a divorce, as well as before it. It is not necessary to have a divorce certificate in hand in order to draw up such a document.

More precisely, an agreement can be concluded at the moment when:

  • spouses are still married;
  • the couple has already received a divorce;
  • in the process of divorce.

Differences from the marriage contract

The marriage contract presupposes the establishment of the property rights of the spouses in marriage. And also at possible divorce. It is not regulated by the Family Code of the Russian Federation, its relationship involves the mutual conclusion of a contract.

See also a sample design of various common property in agreement. You can compose your document according to this example:



Settlement agreement (with sample)

Sample settlement agreement in court: Download.

The settlement agreement differs from the usual agreement on the division of property after the dissolution of the marriage in that it is concluded already in the process of litigation for the division of property and cannot go beyond claims, while the usual agreement can apply to all property.

The court necessarily checks this agreement for compliance with all the rights of the former spouses, after which settlement agreement takes effect judgment with the possibility of obtaining a writ of execution for bailiffs.

The usual agreement on the division of property does not have the force of law and can only be the basis for filing a lawsuit.

The settlement agreement helps to save on various legal costs (the work of experts, etc.). It will be enough to pay for the services of a lawyer who will draw up an agreement.

Compensation Agreement

An agreement with compensation is drawn up in the event that if it is impossible to allocate a specific share owned by one of the spouses. In this case, the property is assessed and one of the spouses receives a certain amount of money or its equivalent in the form of another material value (gold items, household or digital equipment, etc.).

All conditions of material compensation are stipulated in the agreement with compensation.

When can an agreement be invalidated?

Recognition of the agreement as invalid is regulated Civil Code RF. The agreement is void, in whole or in part, if:

  1. it is not registered with Rosreestr;
  2. one or more pages are missing;
  3. incorrectly composed;
  4. the terms of the contract put one of the spouses in an unfavorable position;
  5. the transaction was made by an incompetent person (or a court limited in capacity);
  6. the transaction was made by misrepresentation or violence;
  7. the contract limits the rights of minor children (it is written about divorce in the presence of minor children).

An agreement on the division of property between spouses is right decision after or during a divorce. This is an agreement according to which the parties agree on the division of property, and does not resolve the issue through the courts.

After the correct conclusion of such an agreement, you can be sure that the property is divided fairly and the other party will not claim it.

Joint property is not only acquired capital, but also common debt obligations. Mortgages, loans - part modern life. And when a marriage is dissolved, a natural question arises: who and how will be responsible for the bills? This article will explain in detail how to properly draw up an agreement between spouses.

How are the common debts of the spouses distributed in the division of property?

How the loan debt will be divided between the spouses depends on who it was issued to.

There are three ways to get a loan in marriage:

  • For one of the spouses;
  • One of the spouses acts as a guarantor;
  • Co-borrowers - general loan.

When a loan is issued to one person, it is necessary to prove that it was taken for the needs of the family in order to divide it equally. In a divorce, who used this property and to whom it will remain will be taken into account.

If one person in the union acts as a guarantor for a loan, this means that if the lender, to whom everything is issued, stops paying it, the loan burden will fall on the guarantor both after the divorce and during cohabitation. In any case, the guarantor will pay the bills.

Personal loans, for example: buying a car that was used by only one family member, money for education, separate vacations, etc., are not divided equally upon dissolution of a marriage.

It is worth considering that there is a practice of fictitious debts - when one of the spouses signs false IOUs in order to reduce part of the property of the second partner when the union is dissolved. Such situations are resolved through the courts and with the help of qualified lawyers.

Application for the division of debts in a divorce - a list of documents

The main points that are indicated in the application are:

  • Full name, passport details of the plaintiffs;
  • Period with dates from and to being married;
  • Subject of the claim: what and by how much should be divided;
  • How much should the property be divided?
  • Articles of the legislation of the Russian Federation are indicated on the basis of which the division should occur;
  • Date and signature.

The following documents are attached to the application:

  • Confirmation of marriage and divorce;
  • Papers that confirm payment for things, their possession;
  • Copy of the application.

How to file a claim for the division of debts in a divorce?

Term limitation period on the division of debts after a divorce 3 years. It starts with two things:

  • Dissolution of the marriage union;
  • When one of the parties found out about the debt. This may be after the divorce.

Depending on the amount of debt, you must contact:

  • To the court at the place of residence, if the amount is less than 50 thousand rubles;
  • District or city, if more than 50 thousand rubles.

Partition of debts in case of divorce of spouses - sample application

When filling out this section, you must be treated as accurately as possible. Basic requirements for its completion:

  • A complete list of property for division;
  • Describe items accurately: with brand, size, color, series, cost. Vague language is not accepted, such as TV. You need to specify: Sumsyng TV, series 2347653, year of manufacture 2002, dimensions 35 inches, cost 8000 rubles.

For real estate, indicate the number of storeys, total and residential footage, number of rooms, location.

It is necessary to prepare proof of the value of things, as the court may request them. If any documents are lost, you can contact an independent appraisal company for an examination. This is more true for expensive things, since you will have to pay extra for the company's services.

Personal items are not subject to division: clothes, shoes, with the exception of expensive and luxurious items.

State duty for filing an application for the division of debt between spouses

The state fee must be paid before filing a claim, proof of payment must be provided along with the application.

The amount of the state duty depends on the price of the claim, paid by the plaintiff. In a winning case, it is possible through the court to share the payment of state duty with the defendant.

The calculation of the state duty is prescribed at the legislative level:

  • If the price of the claim is up to 20 thousand rubles - 4% of its value. The minimum fee is 400 rubles.
  • If the price of the claim is from 20 to 100 thousand rubles, a minimum payment of 800 rubles and 3% of the value of the property is paid;
  • At total cost divisible things from 100 to 200 thousand rubles, the fee is calculated as follows: minimum amount payment of 3200 rubles and 2% of the property price above 100 thousand rubles;
  • In case of a claim for an amount from 200 thousand to 1 million rubles, it is necessary to pay 5200 rubles and 1% of the cost over 1 million;
  • With the value of divisible property in the amount of 1 million rubles, you need to pay minimum size a fee of 13,200 rubles and 0.5% of the amount over 1 million rubles. At the same time, the legislation maximum size state duty - 60 thousand rubles.

Judicial practice on the division of common debts in a divorce

In the case when the spouses are not able to share financial obligations on their own, this can be done in judicial order. Debts are shared only acquired jointly. If they were formed before marriage and the partner was not notified about this, they are not subject to division, as well as loans for personal needs.

The decision of the court on the division of credit debts

The decision of the court may be as follows:

  • Divide equally;
  • Partial split: someone pays a large amount. Financial status and family are taken into account. For example, if, after a divorce, the children remain with the wife, then it is possible that most of the loan debt will remain with the husband.

For mortgage loans that are difficult to accrue, before filing a claim, you must seek advice from the bank in order to correctly indicate the balance of the debt in the application.

Settlement agreement on the division of debts in the event of a divorce of spouses

The settlement agreement is drawn up by the spouses when they independently decided the issue of dividing the property. It can be both oral and written. Should not infringe the rights of one of the participants. A written agreement must be registered with Rosreestr.

TO marriage agreement has no global relationship. It is drawn up before marriage, and the world one - already with a joint registered life and after the dissolution of the union.

This is far from the easiest process. Often, when it is not possible to conclude an agreement on the division of the spouses' debts, one has to resort to filing a claim for division. The debts of the spouses in the division of property are divided in proportion to the property being divided. Certainly from this rule there are exceptions. You can learn more about them and other nuances of the division of debts in a divorce from this article.

General debts of spouses

The division of debts in a divorce occurs along with the division of the movable and immovable property of the spouses.

The possibility of dividing the common debts of the spouses is provided for in clause 3. art.39 family code Russian Federation.

First you need to determine which debts can be classified as common and divided between spouses, and which cannot be divided, as they are personal.

The total debts of the spouses are divided into the following categories:

1) Debts on obligations in which both spouses are debtors. For example, being co-borrowers under a loan agreement, they bear equal obligations to return the money.

2) Debts on obligations in which the debtor is one spouse, but if everything received is used or was used for family needs. For example, if an apartment or a car was purchased with borrowed funds, then the debt will be recognized as general.

However, in practice, problems often arise with the second category of debts, since it is sometimes quite difficult to prove that the funds were spent specifically for family needs. The simplest solution to this situation arises when a target loan has been taken. In such a case, it is enough to simply point to the available joint property, which was acquired at the expense of the said loan.

There are three criteria according to which debt is recognized as general:

1) The loan was received by mutual consent.

2) The loan was issued to one spouse, but the second spouse was aware of its receipt.

3) Received as a result of a loan cash were used to acquire joint property or meet the needs of the family.

Note that the fact of acquiring a car without the knowledge of the second spouse is quite difficult to prove in practice.

Additional evidence that certain property was purchased with borrowed funds solely for the needs of the family may be the following:

1) If the minimum time has passed between the acquisition of a particular property and the issuance of a loan.

2) If the family income does not allow purchasing expensive items, but they were purchased after the loan was issued.

1. Debts arising under loan agreements that were concluded before marriage.

2. Payment of fines and compensations for the offenses of one spouse.

3. Loans issued for the repair of a personal apartment or car of one of the spouses, which he acquired before marriage.

If the loan was issued by one of the spouses without the knowledge of the second spouse, and also if the borrower before the second spouse purposefully underestimated the loan amount and provided other incorrect information about the loan, then he is supposed to pay it. However, we recall that this fact must be proven in court.

Options for the division of spouses' debts

In the process of dividing debts in a divorce, the following options can be considered:

1) Each of the spouses is entitled in equal parts to both property and debt obligations.

2) One of the spouses will be given most of the property along with most of the debts.

3) Determination of shares and parts in the right to property and commensurate amounts of debt.

The procedure and rules for the division of debts in a divorce of spouses

As with the division of property, the division of debts in a divorce occurs on the basis of the equality of the spouses. Simply put, it is assumed that each of the parties is entitled to pay half of all debts. However, there are exceptions to this rule. For example, if one of the spouses did not bring income to the family or spent property to the detriment of family interests.

Divide the debt obligations of the spouses in two ways:

1) By agreement of both parties.

2) In a judicial proceeding.

Partition of debts by consent of the spouses

The division of debts after a divorce by concluding an agreement is the easiest, most convenient and least expensive way.

The agreement can be made in two ways:

2) In the form of an agreement on the division of property.

A marriage contract is a document that without fail requires notarization. It is concluded either before marriage, or during marriage before its dissolution. A marriage contract may include any obligations of the spouses. The main thing is that they do not contradict the current legislation.

Note that some banks, when registering mortgage loan require a mandatory marriage contract in order to protect yourself and the process of paying off the debt.

An agreement on the division of property is concluded in the process of dissolution of marriage. This action is permissible even during the trial. Unlike marriage contract an agreement on the division of property is not subject to notarization, although it regulates the division of property into equal rights with him.

Partition of debts by court order

It happens that the spouses cannot come to a mutual agreement. In this case, the division of debt between the spouses occurs in court.

First of all, the court will establish on which acquisitions the loan funds were spent.

If the loan was issued to one spouse, and he does not want to pay it on his own, then initially he should provide evidence to the court that the borrowed funds were spent not on his personal expenses, but on the needs of the family.

It is especially difficult to prove the use of credit funds for family needs in the case of a credit card. Most often, debt credit card considered personal.

In a situation where the loan was taken by one of the spouses for their personal needs, then on the part of the second spouse it is necessary to provide evidence of this fact to the court. For example, if the spouse took a car on credit for personal use and drove it exclusively by himself, and another vehicle was used for the needs of the family, or he single-handedly went on a trip with the funds borrowed, then you should submit testimonies, checks, extracts that can confirm these facts.

After determining the total debts, they will be divided by the court in proportion to all the divided property.

Despite the fact that joint property must be divided into equal parts between spouses, there is one significant exception to this rule. And it applies to minors. In other words, most often the spouse with whom children under the age of eighteen remain is entitled to a large share of joint property.

As mentioned above, the rules for dividing the common debts of spouses are identical to the rules for dividing joint property. And therefore, the spouse, receiving two-thirds of the apartment, is obliged to pay a similar part of the debt obligations.

Collection of common debts of spouses

If the total debt is not repaid, then the creditor has the right to recover the debt at the expense of the joint property of the spouses. In this case, the bailiffs forcibly sell this property, and at the expense of the proceeds, the existing credit debt. In the event that the amount received from the sale of common property is not sufficient to pay off the debt, the creditor has the right to foreclose on the personal property of the spouses. This may be an apartment or a car purchased before marriage.

Note that the division of debts is not always a typical procedure. Therefore, each case under consideration has its own nuances.

Fictitious debts of spouses

Quite often, one of the spouses goes to the trick and tries to increase the share of his property in the division through fictitious loan agreements. It happens like this:

One of the spouses draws up a loan agreement for a fairly a large sum. By itself this agreement is fictitious, as no funds were received on it. The lender in this situation can be close friends, acquaintances and other persons interested in making a profit. The contract is concluded retroactively and is presented to the court as a general promissory note.

Unfortunately, it is sometimes difficult to refute this. And it is advisable in this situation to seek the help of qualified lawyers.

Usually, to refute such a fictitious contract, the following actions are taken:

1) Conducting an examination of the limitation of the conclusion of the contract. Fortunately, modern technologies allow you to determine the approximate time of writing documents. But one should not unconditionally rely solely on this procedure. However, its possibilities are not unlimited.

2) Submission of evidence, according to which there is a fact of friendly relations between the lender and the borrower.

3) Submission to the court of evidence that during the period of the loan, the spouses had no problems with the financial situation and borrowed funds to meet the needs of the family were not required.

4) Study of the financial situation of the creditor. If it financial position leaves much to be desired, it is assumed that he could not lend a large sum of money.

In order to avoid payments on fictitious debt obligations, you should provide the court with as much evidence as possible that can confirm the inappropriateness and invalidity of the loan.

Partitioning mortgage debt

Partitioning mortgage debt is one of the most complex processes.

When both spouses are able to pay their part of the mortgage loan, the bank can go for the execution of new loan agreements, according to which each of the parties will pay their debt on their own.

Of course, the solvency of each of the spouses must be confirmed by relevant documents.

But the bank is not very favorable to this decision, since when dividing the debt, it will already bear double risk non-payment of debt and he will have to solve this issue with two borrowers instead of one.

A possible solution could be to sell the apartment and pay off the loan using the proceeds. But for spouses, this option is not always convenient, since they face the problem of losing property.

If a compromise with the bank is not reached, then most likely you will have to resort to litigation.

Implementation of the decision on the division of debt obligations

Each of the spouses is liable for his debts with his personal property, as well as a part of the joint property, which is due to him in the event of a divorce. But due to the lack of specification of this provision in family code Russian Federation, the debt obligations of each party are determined by a court decision or an agreement between the spouses.

IN judicial practice the division of spouses' debts is usually carried out in several meetings. Usually two or three are enough.

All interested parties, including a representative of the bank in which the loan was issued, must participate in the process of litigation. Since the bank representative is interested in the outcome court session, then he has the right to participate in the meeting and to raise any objections.

In the event that a bank representative does not participate in litigation, then in the future he may challenge the decision on the division of the joint property of the spouses, if it contradicts the provisions of the loan agreement. To do this, he will have to go to court to review the case. Usually, as a result of these actions, the process of dividing property and debts after a divorce is delayed for a long time.

An agreement on the division of property or a court decision on this issue must be submitted to the bank with a request to transfer the debt or part of the debt to the second creditor. In the event that the bank approves the decision to divide the debt, the loan agreement is subject to revision.

Most often, the bank offers the following solution this issue: Receipt of a loan (or two loans), repayment of the principal debt in accordance with a court decision or agreement of the spouses in certain shares and the fulfillment by each spouse of new obligations to the bank.

However, as mentioned above, banks do not always agree to change the loan agreement, and usually in such situations the matter cannot be resolved peacefully.


ADDITIONAL RELATED LINKS

  1. Following the divorce process itself, the procedure for dividing property follows. As you know, only joint property is subject to division between spouses in a divorce.

  2. Depending on the situation, it is necessary to provide a certain list of documents for alimony, on the basis of which it is possible to establish the civil status of all participants in the process, as well as their material and Family status etc.

An agreement is concluded between the spouses on the division of property in order to regulate the distribution of jointly acquired valuables, real estate upon divorce. Compose desired document maybe before or after official registration agreement with the voluntary consent of both spouses. The procedure can be carried out independently or with the involvement of a notary.

Attention! The presence of several sheets in the document implies a booklet with the numbering of each page.

Rules and procedure for drawing up an agreement

It is allowed to conclude several such contracts, in relation to individual objects of acquired property. The possibility of addition with the subsequent corrections and the subsequent destruction of the previous version is provided.
Important! It provides for the conclusion of an agreement on the division of jointly acquired property, without inclusion in the list of objects received as a gift, inherited or acquired before marriage.

It is allowed to involve a notary in registration, but in Art. 38 of the RF IC as amended in 2014, coercion to such an action is not provided for and any document concluded on time and in the form in compliance with all the rules will be recognized as valid.

  1. the presence of atypical conditions;
  2. unequal distribution of real estate - 2/3 to the spouse, 1/3 to the wife;
  3. dishonesty of one of the parties to the contract.

The agreement on a fair distribution of property contains a list of property and the status of the parties - being married, divorced. Personal data is indicated - name, surname, address of registration or permanent registration. The procedure for distribution after the termination of relations is specified, regarding the transition of individual objects to the category of personal belongings or the establishment of shared ownership. The amount of monetary compensation to the second spouse is fixed when certain things become the property of one of the parties. If the need arises, then an agreement drawn up independently according to the model, the form of which can be downloaded on the website, is certified by a notary.

Types of Spousal Agreements

There are several types of certificates that are valid before the law:

  • marriage contract;
  • settlement agreement;
  • agreement on the voluntary division of common property.

A settlement agreement is drawn up on the division of jointly acquired property when resolving the issue in court. A lawsuit must first be filed containing the claims of one of the parties. former spouses a real examination is initiated with the presentation of evidence of one's own correctness. If in the process of proceedings, a consensus is reached between the plaintiff and the defendant, and the rights of all parties are respected, then the necessary agreement is signed in the presence of representatives of the authorities, without issuing a decision.

Spouses can divide property jointly acquired in marriage by drawing up an agreement on the division of property, a sample of which you can find in our article.

The agreement is subject to mandatory notarization and can be concluded both during the marriage and after its dissolution.

We turn Special attention to the fact that the subject of the agreement can only be the common property of the spouses, i.e. property acquired jointly during marriage.

As a result of the execution of the agreement on the division of property, the jointly acquired property of the spouses becomes the personal property of each of them. In this case, the division of property is carried out in accordance with the terms of the agreement.

In any case, the division of property occurs in connection with the dissolution of marriage, future or already occurring.

Example of an agreement on the division of property: sample 2019

An example of an agreement on the division of property of spouses (sample 2019) can be found .

The names indicated in the text of the agreement, as well as the details of the documents and addresses are fictitious.

Recall that the agreement is drawn up in writing and is subject to mandatory certification by a notary.

What to include in a property division agreement

The agreement must include mandatory details, which include:

  • the place where the document was made;
  • date of signing;
  • surnames, names and patronymics of the spouses in full;
  • place of residence of the spouses;
  • passport details.

Property acquired during the marriage must be listed. If necessary, an assessment can be given to each or some type of property (in this case, checks, an appraiser's opinion, etc., can be attached to the agreement).

An agreement on the division of property may also include such a condition as the transfer of ownership of all property owned by both spouses on the right joint ownership to one of the spouses.

As for the composition of the property to be divided, it can be things (car, furniture, apartment) or property rights.

It is also possible to determine by agreement who will own the residential premises on the right of ownership. It is also possible to provide for the possibility of temporary use of housing by the spouse to whom it will not belong.

An agreement on the division of property can determine the shares in the common property of the spouses and distribute these shares between the spouses. In this case, the agreement will be the basis for registering the ownership of a share in the common property of the spouses.

An agreement on the division of property is concluded and terminated by mutual consent of the spouses. If one of the spouses is against its termination, the other spouse must go to court.

What should not be included in a property division agreement

The following conditions should not be included:

  • conditions on the division of property that belongs to each spouse on the basis of personal property rights. Such property can only be transferred by a deed of gift;
  • conditions on the transfer of the exclusive right to the result of intellectual activity created by one of the spouses. The transfer of an exclusive right is possible only under a license agreement;
  • conditions on the division of things purchased exclusively to meet the needs of minor children (clothes, shoes, school and sports equipment, musical instruments, computers, children's books, etc.). These things are not subject to division and are transferred without compensation to that of the spouses with whom the children live after the divorce;
  • conditions on the division of contributions made by spouses in the name of their common minor children. Such contributions are considered to belong to these children and are not taken into account when dividing the common property of the spouses.