Agreement on the division of marital property: sample, cost

Divorce is not uncommon these days. Any process is strictly individual and has many nuances. Nevertheless, we will try to give some general recommendations. How to divide the “joint property” with minimal harm to your nerves and wallet?

Everything needs to be documented. The main document in this case is a notarized agreement on the division of property. What is the cost of this procedure at a notary?

What property is subject to division?

Let's determine what is subject to division. If a marriage contract has not been drawn up, everything acquired by the spouses during the marriage will be divided equally.

This is true even if one of the spouses did not participate in its acquisition. For example, only the husband works, and the wife stays at home. The family buys everything with the money the husband brings. However, by filing for divorce, the wife has the right to claim half of this property.

In this case, the court will consider that the wife sacrificed her career for the sake of marriage and devoted herself to the family. It will not matter whether the spouse did not work by choice or by necessity.

Likewise, the husband is entitled to half of his wife's jewelry, even if she bought it with her own money.

There are several exceptions to this rule. The following property is not subject to division:

• inherited during marriage by one of the spouses;
• acquired by one of the spouses before marriage;
• given during marriage to one of the spouses.

It is worth noting that not only the income, but also the debts of the spouses are divided in half.

But it's not that simple. If you present compelling arguments and support them with documents, the court may reduce the share of one of the spouses. For example, a spouse can document that his wife led an immoral lifestyle, did not pay attention to the family, did not take care of everyday life, the dissolution was her fault, the court may meet him halfway and reduce the wife’s share in the joint property.

Naturally, before dividing property, it is necessary to document its value, i.e., carry out an assessment.

Property division agreement: cost

Let us immediately note that concluding such an agreement is possible only if there is good will on both sides. Naturally, both parties must be fully capable at this moment.

Such an agreement is concluded in the presence of a notary, who will record the good will and legal capacity of the parties.

The notary will require the following documents:

• civil passports of spouses;
• confirming ownership;
• conclusion of the audit;
• if the parties' lawyers are involved in the process, a power of attorney for representation will be required;
• other documents within the framework of the Civil and Family Codes.

The cost of a notary's work in this case is regulated by federal law (state fee) . However, the notary has the right to include in the price so-called services of a legal and technical nature (for example, drawing up an agreement). Each notary has a different price for this type of service.

Below is a table showing the cost of notary services as a percentage of the appraised value of the property:

Estimated value of property, rubles	Government duty, %
up to 1 million	0.5 + 300 rubles
from 1 million to 10 million	0.3 + 5,000 rubles
over 10 million	0.15 + 32,000 rubles

As you can see, the more expensive the property, the lower the percentage we will pay to the state.

As for the cost of providing technical services, on average their cost is 4,000–6,000 rubles.

Division of property in court

If it was not possible to come to an agreement, you will have to hire a lawyer for the division of property and resolve the issue through the court. The amount of his fee can range from tens to hundreds of thousands and even millions of rubles.

Often this is the only legal way to protect your rights and not say goodbye to your property. After all, an ordinary person cannot prepare all the necessary documents on his own.

As for the state fee for the division of property in court, its cost for 2017 cannot be more than 60,000 rubles. It also depends as a percentage on the value of the property. This can be seen from the following table.

Estimated value of property, rubles	Government duty, %
up to 20,000	4%, but not less than 400 rubles
from 20,000 to 100,000	3% + 800 rubles
from 100,000 to 200,000	2% of the amount + 3,200 rubles
from 200,000 to 1,000,000	1% of the amount + 5,200 rubles
Over 1,000,000	0.5% + 13,200 rubles

Is it possible to return the state fee for legal proceedings?

The law imposes legal costs on the losing party. Therefore, if the decision is made in favor of the plaintiff, the defendant will return the fee paid. However, if the requirements are only partially satisfied, then the refund of the duty will be assigned to the defendant in direct proportion.

Advantages and disadvantages of notarized signing of an agreement

Advantages:

• everything takes place in a pre-trial manner;
• the cost is minimal compared to paying for lawyers;
• If the other party changes their mind later, it will be very difficult to reverse the decision.

Flaws:

• most likely, you will have to make mutual concessions;
• Sometimes it can be difficult to come to an agreement.

Is it necessary to notarize an agreement?

According to the law, documents are not required to be notarized. The parties can enter into an agreement even orally. Just one point: how can you then prove that you’re right if the other side changes your mind? Words will not have legal force in court. The only way to save in this situation is to draw up a notarized agreement.

Is it possible to cancel a notarized agreement?

It is the responsibility of the notary to ensure the good will (absence of any pressure or threats) of all parties. At the same time, he is obliged to explain in the most accessible form all the consequences of this document for each of the parties. In addition, the notary must verify the legal capacity of the parties. When filing a claim and a corresponding petition, the court may request and examine archival data on the medical history of one of the parties at the time of signing the agreement.

Essentially, you have to prove that there was criminal negligence or intentional abuse on his part. Even if this really happened, it will be almost impossible to prove it with documentation.

conclusions

Based on the above, the following conclusions can be drawn:

• if the parties have reached a consensus, it makes sense to sign an agreement on the division of property;
• if the parties nevertheless decide to enter into a pre-trial agreement, it must be recorded in writing and notarized;
• in the event of litigation, the payment of legal costs falls on the losing party;
• property and debts of spouses acquired during marriage are generally divided in half;
• The cost of the procedure depends on the value of the property.

Source: https://consultantor.ru/razdel/razmer-gosposhliny-u-notariusa.html

How much does it cost to divide property after divorce?

Married couples do not always manage to live together all their lives. For some reason, they decide to get a divorce, and then the question arises, what is the procedure for dividing jointly acquired property.

One possible solution may be to draw up a voluntary agreement between the spouses, which will be drawn up and certified by a notary. But such behavior is quite rare. Much more often, the division of property occurs in court .

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

What property is subject to division?

Before starting the separation process, regardless of which method is chosen, spouses need to decide in advance what property can be considered common and subject to division.

In accordance with the law, if the husband and wife did not draw up a marriage contract defining the further division of property upon separation, everything that was acquired by the couple during the marriage will be considered common and distributed equally . This rule is valid even if one of the spouses did not generate income.

Read about the equal rights of spouses to jointly acquired property in this article.

So, what can be considered joint property of spouses:

It is worth considering that this list does not include personal property of each spouse acquired before marriage . It is also impossible to divide what was received as a result of a gratuitous transaction , for example, if during marriage one of the spouses received real estate as an inheritance or under a gift agreement.

• Also, the property that one of the spouses acquired during their life together with their own money, available even before the official registration of the marriage .
• If it was decided to divide property through legal proceedings , first of all it will be necessary to evaluate the property, and then file a claim.
• Download the claim form for division of property here.

In this case, you will need to calculate the state fee for the procedure. The paid receipt must be attached to the claim.

How much does property division cost?

Voluntary agreement through a notary

First, let's determine what documents will be needed for a voluntary agreement:

• passports of both former or current spouses;
• documentary evidence of ownership rights, real estate purchase and sale agreements;
• marriage registration certificate or divorce certificate;
• a division agreement, which can be provided to the notary in electronic form to allow preliminary amendments to the text and save time.

As for payment, you need to take into account that part of the amount will be the notary fee established at the state level, and the rest will be the notary’s personal fees.

The following tariffs and interest rates apply to separation agreements:

• the contract amount is less than 1 million rubles - 0.5% of the agreement amount, but not less than 300 rubles;
• from 1 to 10 million rubles - 5 thousand rubles. + 0.3% of the amount over 1 million rubles;
• from 10 million - 32 thousand rubles + 0.15% of the amount over 10 million;
• For technical and legal services - about 4 thousand rubles.

Trial

If it is not possible to independently resolve the issue of dividing the joint property of the spouses with the help of a notarized agreement, they have to go to court.

In order to correctly collect a package of documents for the court, it is better to contact a lawyer. Professional advice in this case is necessary, as it can have a significant impact on the favorable outcome of the case.

The key variable is the appraised value of the portion of the property the plaintiff is claiming. Since in most cases spouses want to receive half of the jointly acquired property, the state duty will be calculated based on half of the assessed value of the entire property.

The state fee is paid for conducting judicial procedures, and the payment varies for different ones. For example, if a claim for divorce and a claim for division of property are filed at the same time, the plaintiff will have to pay both fees separately.

Here it's 400 rubles. will be the state duty for the divorce process, and the amount of the contribution for the division of assets is calculated using a special formula depending on the value of the property :

• For amounts up to 20 thousand rubles, 4% of the assessed value is paid, but not less than 400 rubles.
• More than 20, but less than 100 thousand - you must pay 3% of the claim amount + 800 rubles.
• More than 100, but not more than 200 thousand - you must contribute 2% of the amount exceeding 100 thousand, as well as another 3.2 thousand.
• More than 200 thousand, but not more than 1 million - 1% of the amount over 200 thousand + 5.2 thousand.
• More than 1 million - 0.5% of the amount over 1 million rubles, plus a fixed amount - 13.2 thousand rubles.

The amount of the state duty cannot exceed 60 thousand rubles, even if the estimated value of the property claimed by the plaintiff will be significantly more than 1 million rubles.

If necessary, you can request a determination of the share, which is paid at a rate of 300 rubles per person. Plus another 150 rubles will be required in case of appeal or cassation.

1. To accept a claim in court, the applicant must pay the state fee in advance, which is calculated independently by the plaintiff .
2. For reliability and to increase the likelihood of a claim being accepted in court, it is preferable to collect documents in advance confirming the value of the assessment.
3. The claim may not be accepted if there are serious discrepancies between the market value of the divided property and the estimated value.

It is not always possible for a plaintiff to pay the state fee on time, for example, due to a difficult situation. But if necessary, you can ask for installments or defer payment. Then you will need to provide official documents confirming your difficult financial situation at the time of submitting your application .

You will learn how to quickly calculate the state duty yourself by watching the video:

Is it possible to return the state fee?

The answer to this question depends on the outcome of the decision.

If the claim was satisfied, then the previously paid state duty must be fully returned to the plaintiff.

The fee in this case should be charged to the defendant in an amount proportional to the size of the satisfied claims . Also, if the plaintiff was exempted from paying the state fee in the process of conducting the case, the defendant must pay it.

If the requirements are refused, the fee will go to the budget.

When the plaintiff has filed an application and paid the fee, and then changes his mind and withdraws the application, he can contact the tax service and submit an appropriate application, attaching a certificate from the court stating that the case has not been started. Also attach the original receipt for payment of the state fee. Such an application can be submitted within 3 years.

Source: https://2supruga.ru/razvod/razdel-imushestva/skolko-stoit.html

Cost of an agreement on the division of property with a notary

Cost of an agreement on the division of property with a notaryAverage rating 5 from 1 users

A husband and wife who wish to differentiate ownership of property can do so at any time while the family exists.

If it is possible to agree on all issues amicably, the parties enter into an agreement on the division of the spouses’ property. The participation of a notary in this process is mandatory, otherwise the document will not have legal force. For the service provided, the parties are required to pay at the established rate.

When resolving the issue, the parties rely on the standards presented in the Family Code of the Russian Federation, the Tax Code of the Russian Federation and a number of federal laws.

Is it possible to divide property through a notary?

Family law allows for the division of jointly acquired property in 2020 in two ways:

1. By filing a claim in court.
2. Through a peace agreement.

The second method involves concluding a written agreement on the division of property between spouses. Such a document can be drawn up:

• during the period of existence of the marriage union;
• after divorce.

To sign it, the spouses must have property recognized as joint property. Unlike a marriage contract, in which it is possible to divide any property objects, for example, those that are personally owned by the parties, the agreement allows for the delimitation of ownership rights only to common property acquired during marriage with funds from the family budget.

According to Art. 38 of the RF IC, an agreement on the division of common property of spouses in 2020 must be notarized. It can be drawn up by the couple themselves or by any specialized lawyer, but it must be certified by a notary. He can also be trusted to compose the text.

If the parties decide to write the document themselves, they should know that the division agreement is recorded in writing in any form and contains the following information:

• place and date of conclusion of the contract;
• basic information about the parties involved (full name, date and place of birth, details of civil passports). If third parties participate in the section, the indicated data should also be indicated about them. For example, when, when dividing property, spouses decide to transfer a number of objects into the ownership of their minor children;
• a list of all common property objects with an indication of cost. Each of them must be described in detail. So, if real estate is divided, for example, an apartment, you must indicate its address, number of rooms, floor, total and living area, etc. If the property was acquired a long time ago and it is difficult to determine how much it is worth at the time of division, you must contact independent appraisers from the SRO. They will conduct an examination and determine the value of the property, issuing an expert opinion;
• the conditions under which the agreement comes into force (for example, only after a divorce);
• signatures of all parties involved with transcript.

If you ask a notary to draw up an agreement on the division of property, he will check all the necessary documents, write the necessary text, and submit it for signature.

The parties will only have to read the text and sign it. The notary will then notarize the document. The agreement on the division of common property is drawn up in 3 copies.

The participating parties receive one each, and one remains for safekeeping with the notary.

Further, depending on the conditions of the document drawn up, it may be necessary to submit them to the registration authorities. If the ownership rights to real estate have changed, you should contact Rosreestr, and when dividing a vehicle, contact the State Traffic Safety Inspectorate.

When contacting a notary, you must take into account that drawing up an agreement is voluntary. If, in court, the common property, with rare exceptions, is divided in half, then in this case the parties have the right to establish any mode of ownership of the objects, if this does not contradict the legislation of the Russian Federation.

For example, spouses cannot divide property acquired using maternity capital in shares they wish. It is also prohibited to change ownership of property belonging to the couple's minor children. If details that contradict the law are found in the text, the notary will not certify it.

On our website you can familiarize yourself with a sample agreement on the division of marital property and download it if necessary.

How much does a property division agreement cost with a notary?

Spouses can divide property by court or through a notarized agreement. Payment will be required in both cases. The parties should independently determine which option will be more beneficial for them. To calculate how much it costs to divide property from a notary in 2020, you need to refer to Art. 333.224 Tax Code of the Russian Federation.

If we are talking about certification of contracts that can be assessed, the notary fee is determined based on the value of the agreement. Those. in this case, from the total price sum of all divisible objects.

Determining the contract amount takes into account:

• the total value of all property to be divided;
• the price of property shares that are transferred from one owner to another.

When calculating the cost of the contract, they are primarily guided by the prices indicated by the spouses. But in any case, they should not be lower than the cadastral or market value. Which indicator to focus on is determined by the notary himself.

If he needs cadastral indicators, he can find them out on his own by making a corresponding request to the registration authorities. Provided that the spouses insist on the market value of the objects, they will need to provide the results of an independent examination or market analysis.

For example, if spouses want to share a car, they need to analyze the average cost of similar cars in the region.

Let's look at how much property division costs in 2020. The state duty is calculated as follows:

The cost of the agreement on the division of common property	Service cost
When the total price of the agreement is less than 1 million rubles.	You should take ½ of the agreement price. The minimum threshold is set at 300 rubles.
The cost varies from 1 to 10 million rubles.	You should take 5 thousand rubles, add to them 3/10% of that part of the cost that goes beyond 1 million rubles.
The cost exceeds 10 million rubles.	You should take 32 thousand rubles. and add to them 0.15% of that part of the cost that exceeds the threshold of 10 million rubles.

The legal and technical work of a notary is assessed separately.

To get acquainted with the dimensions, you can refer to the Tax Code of the Russian Federation, view the information of interest on the regional website indicating the cost of notary services, or contact the notary office directly in person or by phone. On average, you have to pay an additional 4 thousand rubles for such services.

Necessary documents for concluding an agreement

Regardless of whether the notary draws up the text of the agreement or just registers it, the parties must collect and submit a certain package of documents. To carry out notarial acts, spouses will be required to:

• general passports of both parties;
• certificates of the civil status of the applicants (on marriage and/or divorce);
• birth certificates of minor children or their general passports if they have reached the age of 14. These documents will be required provided that the agreement addresses the interests of children;
• documents confirming ownership of all property objects subject to division.

Who should pay the state fee? One of the spouses Share equally Depending on the situation, you may additionally need:

• documents for receiving and spending funds from maternity capital;
• expert opinions on the value of property objects;
• extracts from the BTI and Rosreestr.

If, when drawing up an agreement on the division of property, the second spouse intends to renounce his share in the property and receive in return some object that personally belongs to the first spouse, documents confirming the ownership rights to this property will be required.

Additional services provided by a notary

In addition to certifying the division agreement, a notary can perform a certain list of legal and technical works. Legal work includes all work related to the drafting of statements, contracts, and agreements.

Technical work includes:

• additional printing of documents;
• photocopying of any documents;
• typing the required text;
• contacting registration authorities or private services in order to obtain extracts;
• drawing up statements.

These services should be provided only after a personal request from the interested party. The cost of technical services from a notary may vary depending on the region, place of residence, etc.; it is always worth checking with a specific notary chamber. The legal price is the same throughout the Russian Federation.

The division of property with a notary can cost spouses a large sum. But in general, it turns out to be lower than when filing a claim in court, even taking into account the payment for technical work.

Source: https://razdel-imushhestva.org/sovmestnoe/soglasheniya-u-notariusa.html

Agreement on the division of jointly acquired property

• Property acquired by spouses during marriage (common property of spouses) can be divided between spouses by agreement, which must be notarized.
• Division of jointly acquired property is one of the grounds for termination of joint property of spouses.
• The common joint property of the spouses, subject to division (clauses 1 and 2 of Article 34 of the RF IC), is any movable and immovable property acquired by them during the marriage, which, by virtue of Articles 128, 129, 213 of the Civil Code of the Russian Federation, can be the object of property rights of citizens.
• In this case, the division of the common property of the spouses is carried out according to the rules established by Articles 38, 39 of the RF IC, and in the part not regulated by family law - according to the rules of Article 254 of the Civil Code of the Russian Federation (Article 4 of the RF IC).
• By virtue of Article 38 of the RF IC, the division of the common property of the spouses can be made both during the period of marriage and after its dissolution at the request of any of the spouses, as well as in the event of a claim by a creditor to divide the common property of the spouses in order to foreclose on the share of one of the spouses in common property of the spouses.

When concluding an agreement on the division of jointly acquired property, the spouses themselves determine the shares that belong to them, which do not necessarily have to be equal, and indicate which property is to be transferred to each of the spouses. The agreement must also take into account the rights of their minor children.

In the case of division of the common property of the spouses during the marriage, that part of the common property of the spouses that was not divided, as well as the property acquired by the spouses during the subsequent marriage, constitute their joint property.

An agreement on the division of the common property of the spouses in accordance with paragraph 1 of Article 24 of the RF IC can be submitted by the spouses for consideration by the court upon divorce in court (together with an agreement on which of them the minor children will live with, on the procedure for paying funds for the maintenance of children and (or) a disabled, needy spouse).

In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses' shares in this property, are carried out in court. The court determines what property is to be transferred to each spouse. When one spouse is transferred property whose value exceeds his or her share, the other spouse may be awarded appropriate monetary compensation.

For certification of an agreement on the division of jointly acquired property by a notary, a notary fee is charged in accordance with subparagraph 5 of paragraph 1 of Article 333.24 of the Tax Code of the Russian Federation - 0.5 percent of the agreement amount, but not less than 300 rubles and not more than 20,000 rubles, as well as a fee for providing legal and technical services.

land plots, subsoil plots and everything that is firmly connected to the ground, that is, objects the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, unfinished construction objects, as well as parts of buildings intended to accommodate vehicles (machines) -places). Immovable property also includes aircraft, sea vessels and inland navigation vessels subject to state registration.

Source: https://notariat.ru/sovet/pages/tag/soglasiia-o-razdele-sovmestno-nazhitogo-imushchestva

Sample agreement on the division of jointly acquired property of spouses

The division of property acquired by spouses during marriage occurs through the signing of an agreement. The agreement can be oral, but only if the amount of divided property does not reach 10,000 rubles. Otherwise, the agreement must be in writing (notarization is not required).

If you intend to use the services of a notary, you can do this both before and after the divorce. A notary will help you understand the possible complexities and nuances of this process. In addition, neither spouse will doubt the legality of the agreement if one of them wants to challenge it in court.

As for the content of the agreement, it must include the following information:

• Data about the parties to the agreement (full names of spouses/ex-spouses/their representatives, as well as their passport details);
• The marital status of the parties (still spouses, or already divorced, does not concern the representatives of the parties);
• Purpose of the agreement;
• A list of things given to each spouse (a specific description of each object is required);
• Date and place of signing the agreement;
• The date the contract came into force;
• Signature and full name in full form of each spouse.

If the text of the agreement takes up several sheets, each page is signed, after which they are all stitched together. This is done to prevent intentional or accidental loss of sheets.

Generalizing the names of properties is also prohibited. The rules for drawing up an agreement require maximum specificity. For example, if you have two cars and you both want to leave them to your spouse, the contract will need to indicate that you are not leaving “all the cars,” but specific instructions for each of them (make, model, year of manufacture, color).

To reduce the likelihood of confusion, several contracts should be drawn up at once, for each type of property separately.

We recommend that you approach this procedure with the utmost responsibility and care. The more objects of movable and immovable property you mark, the fewer issues will have to be resolved in court.

Agreement on the division of marital property: instructions, sample 2019

Divorce involves the division of the joint property of the former spouses, which they acquired while married.

When my friend was divorcing her husband, they managed to agree on the division of their property. And I helped them draw up a written agreement on the division of marital property.

And in this article I will tell you in what cases this agreement is required, as well as how to draw it up correctly.

The need for global resolution

Divorce can be carried out in the registry office or in court. In the first case, registration of divorce can be carried out only in cases where there are no controversial issues between the spouses and they do not have minor children. In all other cases, divorce is carried out in court with the resolution of all controversial situations.

The division of property often gives rise to many disputes between spouses.

But if you decide this issue in court, you will have to pay a fee not only for the divorce petition itself ( in the amount of 600 rubles ), but also a fee that directly depends on the cost of the claim. The procedure for calculating the duty is described in detail in Article 333.19 of the Tax Code. And its maximum size can reach 60,000 rubles .

Therefore, I do not recommend submitting property disputes to a court decision and recommend agreeing on everything yourself.

A dispute can arise not only during the registration of the divorce itself, but also in the next 3 years, since this is the statute of limitations established for this type of dispute.

And in order to protect yourself from such a situation, it would be more correct to draw up an agreement in writing. In addition, it will begin to have legal force only after certification by a notary.

It is almost impossible to challenge such an agreement.

A notary's visa indicates that each spouse, by signing the agreement, agrees with the specified procedure for the division of property.

After drawing up the agreement, it must be certified by a notary!

Step-by-step instruction

Before drawing up the agreement, I recommend that you look at the finished sample. You can draw up your own agreement based on it. We will draw up the agreement in this order:

1. Specify the name of the document . In this case, it will be an agreement on the division of property.
2. We write down the date and city of compilation . Any contract must have these details.
3. We list information about the spouses . Here you need to indicate not only your full name, but also your passport and registration information.
4. Enter information about the date and place of marriage registration.
5. We write down the phrase that the spouses have come to a decision on dividing their property.
6. We make a list of property to be divided . It is necessary to register the basic details of each listed type of property. For real estate, this must be the address, cadastral number, for a car this is the make, year of manufacture, VIN number, registration number. For deposits, you must indicate the bank name and account number. The spouses must immediately indicate the value of the property at which they value it.
7. Below we calculate the total value of all property to be divided.
8. We establish the share of each spouse . Remember that by law everyone has half. But in some cases the size of the share may be different.
9. We list the order of the section . Here it is necessary to register for each listed item into whose ownership it passes. It is also necessary to record that after this division the right of joint ownership of it ends.
10. We register that all this property is not mortgaged and has no other encumbrances.
11. We point out that the agreement was signed voluntarily, each of them is legally capable and there are no other circumstances to challenge this agreement.
12. We count the number of copies of the document. It is important to consider that if it is necessary to register real estate and vehicles, such a copy will be required in Rosreestr and the State Traffic Safety Inspectorate. Each spouse should also have a copy.
13. We put the signatures of both ex-spouses.

This agreement must be certified by a notary. You can see clearly how an agreement is drawn up in this video.

Certification by a notary

To do this, you will need to visit any notary office with a drawn up agreement and the following documents:

• passports of both spouses;
• title documents confirming the right to the listed property;
• certificates confirming the registration of the marriage, and in case of its dissolution, this fact.

When certified by a notary, it is best to have the settlement agreement not only in printed format, but also in electronic format, in case you need to edit it. Printing the document will not cost very much. Prices are set individually by notary offices for these services.

A notary can also draw up such an agreement, but you will have to pay additional money for this. The cost of this service is calculated individually by notaries.

But the procedure for certifying the signatures of spouses on an agreement is regulated by the Tax Code, namely Article 333.24. Therefore, the cost of this service will be the same in all offices. It depends directly on the stated value of the property in the contract:

• for agreements worth less than 1 million rubles 0.5% (minimum tariff 300 rubles );
• at a cost of 1-10 million rubles - 5000 rubles + 0.3% ;
• if the agreement price is above 10 million, the duty will be 32,000 rubles + 0.15% .

Payment of the fee is carried out at the notary office itself. Based on the drawn up agreement, property subject to mandatory registration must be registered to the new direct owner.

Principles of property division

In the contract, spouses may not adhere to the rules established by law, but establish their own proportions. The Family Code defines the basic principles by which the division of jointly acquired property should be carried out. They can be found in v. 38:

1. Property can be divided at any time before the expiration of 3 years after the official registration of the divorce. In addition, you can draw up an agreement while still married.
2. Spouses can divide their property independently by drawing up an agreement and having it certified by a notary, or in court if they could not agree.
3. Things belonging to minor children, necessary to meet their needs, are transferred to the spouse with whom the children remain to live. Therefore, there is no need to include them in the section.
4. Cash deposits registered in the name of children are their direct property , so they also do not participate in the division.
5. All other property that is not listed by agreement will remain joint . If necessary, spouses must divide it in accordance with the law.

If, while married, the spouses entered into this agreement, and later acquired joint property, they can draw up an additional agreement to their agreement. This will also require its notarization.

Joint ownership

When drawing up an agreement, it is important to know what property is considered common and what is considered individual property. This is described in detail in the Family Code. These principles of joint property are enshrined in Article 34, and Article 36 defines the principles of individual property.

According to them, a husband and wife can share all the property that they acquired during their family life. Moreover, regardless of which of them actually bought it. Even if one spouse did not receive income and was engaged in housekeeping, children, or had good reasons, he retains the right to half of all property. According to this principle, division is carried out in court.

Subject to the section:

• income received from work or running a business;
• income received from intellectual activity;
• any other targeted or non-targeted payments to a person, including pensions and benefits (this also includes compensation for loss of health);
• movable things;
• deposits;
• real estate;
• securities;
• other values.

If there are loan obligations that were used for common purposes, the obligation to repay them will be distributed in equal proportions between the spouses.

The personal property of each person, which includes:

• what each person owned before marriage;
• present;
• inheritance;
• any property received under various types of gratuitous contracts;
• things that are used by a person for his personal use, for example clothing (jewelry and luxury are not included here and are subject to division);
• the right to the results of one’s intellectual activity.

Courts resolve property disputes based on these established principles. But spouses can, at their own discretion, divide property without adhering to these rules. However, each spouse should know what is legally considered community property and what is individual property.

For example, my friend's husband left all her jewelry to her without demanding compensation for his share in return. But she did not apply for his car, although it was bought during marriage, since she did not need it.

If this division of property were considered by the court, then my friend’s husband would have to compensate half the cost of the car, and she would have to compensate him half the cost of her jewelry.

And besides this, they would have to pay a state duty of at least 13,200 rubles, since if the cost of the claim is more than a million rubles, the amount of the duty is that amount.

Recommendations

When drafting a settlement agreement, I recommend the following:

1. Considering the amount of notary fees, I advise you to include in the agreement only property that is subject to state registration and has a high value. There is no need to increase the price of the agreement with additional teapots and sofas, the division of which can be agreed upon verbally.
2. When visiting the notary, have the electronic file with you with you with the agreement. Then it can be edited on the spot if necessary.
3. When you indicate the value of the property, there is no need to inflate it. You should indicate the market value, but it is better to stick to the minimum prices to save on duties.
4. Do not forget to re-register the property that was transferred to you after signing the agreement, if it is subject to state registration.

With the help of such an agreement, you can divide the joint property in any way you want. But if you cannot agree, then in a divorce you will have to divide it in court. Then the division of your property will be carried out according to the principles established by law, that is, in half.

Agreement on division of marital property

Spouses can divide jointly acquired marital property by drawing up a property division agreement, 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 draw 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 divorce, future or already occurred.

Example of a property division agreement

• of an agreement on the division of marital property (sample 2019) can be found here.
• The names indicated in the text of the agreement, as well as document details and addresses, are fictitious.
• Let us remind you that the agreement is drawn up in writing and must be certified by a notary.

What to include in a property division agreement

The agreement must include mandatory details, which include:

• place of document preparation;
• date of signing;
• full surnames, first names and patronymics of the spouses;
• place of residence of the spouses;
• passport details.

Property acquired during the marriage must be listed. If necessary, an assessment can be given for each or some type of property (in this case, checks, an appraiser’s report, 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 by right of joint ownership to one of the spouses.

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

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