Claim for division of jointly acquired property: sample, state duty, where to file

When discord arises in the life of a married couple, and the matter takes a serious turn in the form of further divorce, many people have a question about how to draw up an application for division of property.

Such division of joint property can occur on a voluntary basis or through legal proceedings.

This procedure is considered quite exhausting in moral terms - filing a claim itself is not difficult, but further proceedings with the division of property can cause negative emotions.

Filing a claim for division of property acquired before divorce

According to current legislation, any married citizen has the right to file a statement of claim during the divorce process or before it begins. It is also said that if one of the spouses has credit or other debts, the division of jointly acquired property can be divided, even while being married, without breaking it.

You can file a claim for division of marital property on the following grounds:

1. One of the partners prevents the other from disposing of property acquired jointly during the marriage.
2. One of the spouses is wasteful with joint property acquired during the marriage.
3. Provided that one of the spouses has credit debts.

The algorithm by which separation occurs through the legal process is no different if it is carried out during marriage or after a divorce.

When can you file a claim?

In the current legislation regulating the divorce process, there are no clear boundaries when a spouse can file a claim for the division of jointly acquired property, a sample of which is issued in court.

One of the partners can write a statement:

• Before the divorce process begins.
• During this process.
• After the marriage has been annulled - before the expiration of the period for filing a claim.

For all cases of this category, the period for filing a claim is three years. It is important to understand that it begins not from the moment when the marriage was broken, but from the day when the offending spouse learned and reported a violation of his rights.

A simple example: Ivanov’s wife N.N. decided that she wanted to divide the property she had acquired jointly with her partner. The woman turned to her ex-husband with a request, but on November 21, 2018, the man refused voluntary separation. It is the 21st that will be considered the date from which the countdown for filing a claim will begin.

How to file a claim in court for a petition for division of joint property?

First, you need to take a sample, and then submit an application for division of acquired property using one of the existing methods. There are three options:

1. Collecting a package of documents, writing an application and personal delivery to the judicial authority.
2. Sending a package of documents and a written application by mail - registered mail.
3. Electronic submission of papers – through the State Services portal, only if the citizen has a digital signature.

The best method to use is considered to be regular postal delivery of documents. Using this option, you can avoid the legal and organizational shortcomings associated with electronic filing and avoid abuse of power by court staff.

Where should documents be submitted?

• Provided that the case will not consider the division of real estate, documents must be submitted to the judicial authority located at the defendant’s place of residence.
• If the case is to be considered regarding the division of acquired real estate, then the application is sent to the court located in the place where the real estate itself is located.
• When several real estate objects are considered in the case, the place where the documents will need to be submitted is selected based on the largest object (its value).

In which court does the division of property take place?

The country's magistrates' and district courts have the authority to deal with divorce cases. It all depends on how much property, based on calculations for one spouse, will be divided:

1. Documents are submitted to the magistrate's court if the settlement for each spouse does not exceed the amount of 50,000 rubles.
2. An application to the district court is sent if the amount of property that will be divided is more than 50,000 rubles. Or it is necessary to make a decision about who the children will live with or other issues within the jurisdiction of the district institution.

The papers must be submitted in person or sent by registered mail; for this you will need to fill out a sample application for division of property after a divorce and attach the necessary papers. It is best to consult with a lawyer so that there are no additional delays in the case.

Step-by-step document submission process

Even if at first glance it seems that writing and submitting an application is simple, in reality it is a process of sequential actions that have legal significance. The algorithm of actions is as follows:

• Drawing up a statement of claim, preparing all necessary papers.
• Finding out the price for filing an application, paying the state fee.
• Collection of documents and applications in one file.
• Transfer of collected papers to the court.
• Correction of inaccuracies if they are found.

Ultimately, after all these points have been completed, the court will accept the filed claim for consideration.

How to file a claim for division of acquired property?

To understand the requirements for filing a claim, you need to refer to Articles 131-132 of the Civil Procedure Code of the Russian Federation, which describes the main nuances. A typical sample application for division of property during divorce must meet the following criteria and contain the following data:

1. The full name of the judicial institution where the claim will be filed.
2. Personal information about the plaintiff and defendant: their initials, residential address, telephone number and mail.
3. If the future business has an official representative, then his data is also required.
4. Cost of claim and state duty.
5. It is necessary to indicate the circumstances that gave rise to the filing of the claim: the date when the marriage was concluded, how many years the couple lived in marriage, a list of property.
6. Legal arguments confirming that the property was jointly acquired.
7. Motivational arguments why this or that property should go to the wife and not the husband.
8. The demands put forward for the division of property, with the indicated value of things.
9. If there is property that has not been declared, then it is possible to demand that it be seized.
10. List of documents attached to the application.
11. Signature and date.

If the listed criteria are not met, then the accepted claim will not receive any progress. Therefore, it is important to consult with a divorce specialist to avoid mistakes.

What documents need to be attached to the application?

In addition to the written statement itself, for the trial, you must provide a list of documents. It consists of:

• A copy of the plaintiff's passport.
• A document confirming the conclusion or breakup of a marriage.
• All available papers for the property - ownership rights, checks, vehicle registration papers and others.
• Receipt for payment of state duty.
• If a representative is acting, a copy of the power of attorney will be required.
• If there is a petition to seize property.
• Other papers that may be useful in court are certificates of place of residence, income, and so on.

If the list of jointly acquired property is too long, it must be attached to the claim separately. It must also be signed by both parties, which indicates that both parties agree with the list and are aware of its legal status.

Sample: application for division of jointly acquired property

It is important to understand that the proposed filling option is very simple and serves as an example for clarity, in reality, when drawing up a claim it becomes increasingly difficult. This is why it is important to consult with an experienced lawyer.

Payment of the state fee for filing a claim

According to the current legislation, namely Article 333 of the Tax Code of the Russian Federation, the state duty is paid based on the value of the property that will be divided.

Also, the state duty on a claim for division of property has its own characteristics:

1. The price of the claim, at which the state duty will be calculated, is based on the value of the plaintiff’s share of the property. For example, if housing costs 1 million rubles, then you will need to pay 50%, that is, 500,000 rubles.
2. The defendant pays the state duty afterward, based on the value of the property he received.
3. The price of the state duty may change - you can request a recalculation and if the amount paid is more or less, you will need to make an additional payment or request a refund.

That is, based on what has been said, we can conclude that the plaintiff must pay a state duty, which will be calculated from his share in the property.

Acceptance of an application for legal proceedings

1. If there are no shortcomings in the documents submitted to the court, then the submitted papers are accepted, and the process of preparing for the consideration of the future case begins.

2. Also, if the plaintiff has not submitted all the necessary documents, the court has the right to postpone the consideration of the case and make a formal request for all missing documents.

3. After the preparatory process is successfully completed, the court sets a time and date for the hearing, summons the plaintiff and the defendant.

How long does it take to consider a submitted application?

After the plaintiff submits all the collected documents and a written statement of claim for the division of property, the judge must consider the case within five days. During this time, the correctness of filling out all the papers is established and a decision is made whether the case is accepted for proceedings or not.

The procedural period for a civil claim is two months, but in reality it can last longer. If the case has not been appealed, then the actual period for consideration and hearings will be six months, but if it has been appealed - a year.

Filing a counterclaim: grounds

• The defendant may file a counter-statement with the court, which is drawn up according to the same rules specified in Articles 131-132 of the Code of Civil Procedure of the Russian Federation.
• The defendant can file such a claim at any time during the trial - but filing such a paper will not be able to postpone the hearing that has begun; this will only contribute to the fact that the judge will go into the conference room.
• To file such a paper, certain grounds are required, requirements for the defendant regarding the original claim or the subject of the dispute (property).
• The defendant may wish to make the following demands:

• Divide the property, if the original claim was not aimed at this issue.
• On the exclusion of certain property from the general category.
• An indication of unaccounted property and a requirement to recognize it as acquired jointly during marriage.
• The requirement to recognize the past transaction for the sale of property as invalid.
• Demand to pay compensation for wasted or sold property.

You can also file a counterclaim for the division of jointly acquired property in cases not related to this issue - when applying for divorce or to collect alimony payments for a child.

Any married citizen can submit the necessary papers and a claim for division of property.

Moreover, you can send an application at any convenient time: during a divorce, while simply being married, or after the divorce process is completed.

Before starting the trial, the best option would be to obtain the support of a lawyer who will advise and provide all possible assistance in the case.

Source: https://rualimenty.ru/kak-sostavit-zayavlenie-o-razdele-sovmestno-nazhitogo-imushhestva/

State duty on division of property during divorce in 2020

Home / Division of property / State duty for division of property during divorce in [current_date format='Y'] year

Views 7220

In the article “Division of property during divorce,” we mentioned that a husband and wife can divide property acquired during marriage in two ways:

• Contractual - provides for a voluntary agreement between husband and wife on how apartments, cars, and land plots should be divided. The division of property is carried out by concluding a special agreement - a written document that determines who will get what.
• Legal - undertaken if the husband and wife cannot agree. In this case, you have to seek help from the court.

Experienced lawyers advise making the division by agreement between husband and wife - by concluding an agreement. Then you can avoid wasting time, paperwork and the cost of paying state fees. When going to court, costs cannot be avoided.

In this article we will look at how the state fee is calculated and paid when filing a claim for the division of property between a husband and wife in 2020.

Division of property in court and state duty

If insoluble disputes arise between a husband and wife regarding common property, it can be divided through the court. But then you will have to pay for the services of the court.

All issues related to the calculation and payment of state duties are determined by the Civil and Tax Code of the Russian Federation.

If a statement of claim is filed, which simultaneously states claims for division of property and divorce (or for any other claims), the state fee is paid for each claim separately. This is provided for by subparagraph 12 of paragraph 1 of Article 333.20 of the Tax Code of the Russian Federation. The total amount will be from 600 rubles and above.

Cost of claim

The claim for division of property is of a property nature.

The state duty on claims of a property nature is calculated based on the price of the claim.

Read also: Is it possible for a single mother with a child under 14 to be laid off?

The cost of the claim depends on the value of the property that must be divided by the court. As a rule, each spouse claims half of the joint property, so the value of half of the property must be indicated in the claim.

Property valuation

To indicate the claim price, you must have an idea of ​​the value of the property. The assessment of property objects is mandatory for calculating the state duty, as well as for the fair division of property (both in equal and unequal shares), to determine compensation for property.

The value of real estate is determined according to the inventory valuation contained in the BTI documentation, the value of land - according to the cadastral valuation contained in Rosreestr documents.

If there is no inventory or cadastral assessment, an assessment of the market value of the property . True, it is much higher, so the size of the state duty will also be impressive.

It is much more economical to rely on inventory or cadastral valuations than on market prices.

Note: from January 1, 2020, cadastral valuation of property is applied in all constituent entities of the Russian Federation.

As for less valuable movable property, the plaintiff can assess its value at his own discretion , taking into account the original cost, service life, wear and tear, and obsolescence. To make the valuation look more convincing in the eyes of the court, you can provide an appraisal report drawn up by a specialized appraisal company.

Calculation of state duty based on the claim price (example)

So, according to Article 333.19 of the Tax Code of the Russian Federation, in 2020 the state duty is calculated based on the price of the claim for division of property in this way:

• If the claim price is less than 20 tr. – 4% of the claim price, but not less than 400 rubles;
• If from 20 to 100 tr. – 800 rub. and 3% of the amount exceeding 20 tr;
• If from 100 to 200 tr. – 3.2 tr. and 2% of the amount exceeding 100 tr;
• If from 200 tr. up to 1 million rubles – 5.2 tr. and 1% of the amount exceeding 200 tr;
• If the cost of the claim is more than 1 million rubles. – 13.2 tr. and 0.5% of the amount exceeding 1 million rubles, but not more than 60 thousand rubles.

Thus, the state duty can range from 400 rubles to 60 thousand rubles, depending on the price of the claim.

Example:

There was a divorce between Irina and Sergei. Their joint property costs 180,000 rubles. Spouses need to calculate the amount of state duty for filing a claim in court. To do this, we will follow the algorithm:

• The price of the property is 180,000 rubles. - this fits into the range of 100 to 200 thousand rubles.
• This means we make a deduction using the formula 180,000 - 100,000 = 80,000 rubles.
• Let's define 2% of the specified amount, i.e. 80,000 rubles x 0.02 = 1,600 rubles.
• We add 3,200 rubles to it - we get 4,800 rubles.

Total: the state amount payable is 4,800 rubles for both or 2,400 rubles for each spouse.

How to pay the state fee?

The price of the claim is indicated by the plaintiff in the statement of claim, the amount of the state duty is calculated independently.

The state fee must be paid before filing a claim. Details for payment can be obtained from the office of the court in which the claim is filed.

If, upon acceptance of the claim by the court, an obvious discrepancy between the price of the claim and the value of the property to be divided is revealed, then the court itself calculates the state duty.

Deferment and installment payment

With the consent of the court, it is possible to defer, spread or reduce the amount of state duty.

To do this, the plaintiff must have a good reason, for example, low income and difficult financial situation, the presence of minor children or dependent relatives, serious illness, old age.

When applying for an installment plan, deferment or reduction of the state duty, it is necessary to provide the court with documents confirming these circumstances (Article 333.41 of the Tax Code of the Russian Federation).

Is it possible to refund the state duty?

If the plaintiff paid the state fee, but changed his mind about filing a claim, it is necessary to write an application to the tax authority for a refund of the paid amount of the state fee.

You must present a receipt for payment and a document from the court confirming that the claim was not filed. Similar actions must be taken if the court returned the statement of claim to the plaintiff.

It is also possible to return the overpaid amount of state duty.

The statute of limitations for contacting the tax authorities on this issue is 3 years.

Calculating the state duty does not present any particular difficulties. But it happens that spouses do not agree on the issue of assessing property, allocating personal assets, or determining expenses in the family budget. This means that there may be difficulties with calculating the state duty. The court is not interested in disputes between spouses.

Therefore, before calculating the payment, it is necessary to resolve controversial issues. If you have any difficulties, contact our lawyers. They will help you calculate the state duty, find out the jurisdiction, the cost of the claim and other requirements. Call the hotline or write in the form on the website.

Consultations are free and 24 hours a day!

Source: http://law-divorce.ru/gosposhlina-na-razdel-imushhestva-pri-razvode/

State duty for the division of property during divorce 2020, state duty for the division of jointly acquired property of spouses: size, amount, cost

10,066 views

State duty is a legally established mandatory fee that is paid by individuals and legal entities when applying to government agencies to perform any legally significant actions.

Going to court is one of these actions, and the vast majority of appeals are subject to mandatory advance payment of a state fee. When filing a claim in court for the division of property of the parties, the applicant is obliged to pay the amount of state duty calculated in accordance with Art. 333.19 Tax Code of the Russian Federation.

To confirm the fact of payment, the original receipt is attached to the claim, as established by Art. 132 Code of Civil Procedure of the Russian Federation. Without the original receipt, the statement of claim will not be accepted for court proceedings and will remain without progress, with a deadline set for correcting the deficiencies.

Who pays the state fee?

The obligation to pay the fee rests with the plaintiff.

When making a decision on the division of property, the court recalculates the duty based on the amounts awarded to each party. Also, the state fee is collected from the defendant, being calculated based on the value of the property awarded to him.

If the plaintiff paid an amount that exceeded the amount due, then the court has the right to recover from the defendant the excess amount paid by the plaintiff in his favor. The remaining part, calculated based on the value of the property awarded to the defendant, is subject to credit to the budget.

If the spouses agreed in court to resolve the issue amicably and submitted a settlement agreement to the court for approval, then it is necessary to determine the fate of the court costs incurred, including the fee. As a rule, everyone is left with their own expenses, but spouses are not deprived of the right, on a contractual basis, to distribute expenses in any convenient way. For example, put them on one of the sides.

Amounts of state duty for division of property in 2020

In 2020, the Tax Code established the following amounts of state duty for claims for division of property. In the future, it is possible that these values ​​will change, so to confirm their relevance, please check the latest information in Art. 333.19 Tax Code of the Russian Federation.

Cost of claim Calculation formula
Up to 20 thousand rubles inclusive 4% of the amount of the claim, but not less than 400 rubles. From 20,001 to 100 thousand rubles 800 rubles. + 3% of the claim amount exceeding 20 thousand rubles From 100,001 rubles. up to 200 thousand rubles 3200 rubles. + 2% of the claim amount exceeding 100 thousand rubles From 200,001 to 1 million rubles 5200 rubles. + 1% of the claim amount over 200 thousand rubles More than 1 million rubles 13200 rubles. + 0.5% of the amount over 1 million rubles, but not more than 60 thousand in total

If the claim also contains claims of a non-property nature or claims in respect of which fixed amounts are established, they are subject to addition to the duty calculated on the basis of the above formulas.

How to calculate the state duty?

A claim for division of marital property is a claim of a property nature. In this regard, the final amount of the duty must be calculated according to the rules of paragraph 1 of part 1 of Art. 333.19 Tax Code of the Russian Federation.

The formula for calculating the amount of duty based on the cost of the claim includes:

• fixed rate depending on the cost of the claim;
• percentage of the amount exceeding a certain claim price.

So, let’s say, for claims worth from 200 thousand to 1 million rubles, the state duty in 2020 will be calculated according to the formula:

5200 rubles (fixed rate) + 1% of the amount exceeding 1 million rubles.

Example: Plaintiff A. filed a lawsuit for division of property. The price of the claim was 420,000 rubles. The amount of state duty was calculated using the formula:

5200 rubles + 2200 (1% of the amount of 220 thousand rubles) = 7400 rubles.

The state duty for the division of jointly acquired property of spouses is calculated based on the value of the share in the property claimed by the plaintiff, but not based on the value of the entire property.

Example: Plaintiff Ivanov filed a lawsuit for the division of joint property in the form of a car, apartment and cash deposit. The total value of the property was 4 million rubles, but the share claimed by Ivanov was 2 million rubles. The plaintiff’s state duty must be calculated based on the amount of 2 million rubles, and not on the value of the entire property.

If a claim for division of property is filed simultaneously with a claim for divorce, then the claim for divorce of the spouses will be subject to a fixed fee of 600 rubles.

In any case, this amount must be paid during a divorce through the court, regardless of whether a claim for division of property is filed or not. The same amount will be recovered from the second spouse when a divorce decree is made.

For more information on the specifics of calculating and paying divorce fees, see here.

Deferment, installment plan and exemption from duty payment

The plaintiff has the right to petition the court to reduce the amount of the state duty or to defer its payment, if there are good reasons for this:

• serious illness;
• difficult financial situation;
• being dependent on minor children, etc.

The list of circumstances giving the right to reduce the amount of state duty is not fixed by regulations and is determined by the court based on the circumstances of each individual situation.

Similar circumstances may serve as a reason for granting installment payment of state duty amounts.

Providing deferment and installment plans is a right, but not an obligation of the court. The judge carefully weighs all the circumstances, evaluates the evidence presented and then makes a decision. A reduction in the amount of state duty should not be confused with a complete exemption from its payment.

Disabled people of the second group, as well as some other, less common categories of persons (WWII Veterans, for example), listed in Part 2 of Article 333.36 of the Tax Code of the Russian Federation, have the right to a complete exemption from the duty.

Procedure for payment of duties

Payment of the state fee is carried out immediately before filing the claim. The application for division of property, together with a package of documents, is submitted to the court only with the original receipt for payment of the fee.

When filing an application to reduce the fee, the plaintiff has the right to pay the amount to which he requests to reduce the fee. If the court grants the petition, the claim will be accepted for proceedings, but if the duty is left unchanged or reduced to a smaller amount than the plaintiff planned, he will have to pay it additionally. The claim will remain motionless at this time.

Where can I get the details?

The details for paying the fee when dividing property must be clarified directly in the court to which the statement of claim will be filed.

You can also check the details on the court’s website and, in most courts, immediately print a completed receipt from the website.

It is better to check the relevance of the details directly at the court reception. Official websites of judicial authorities are not always promptly updated, which may result in erroneous crediting of the fee amount using outdated details.

Where to pay?

Payment of the fee is carried out at any bank branch that accepts these payments. As a rule, even in regions and small cities there is at least one bank that is ready to accept duty payments without commission.

It is best to clarify other conditions for paying the duty at the place of payment.

You can pay the fee from any region; it is not at all necessary to make the payment in the exact city or region where you plan to file the claim. That is, you can pay the fee at your place of residence, and send the claim by mail, along with the original receipt, to a court in another region.

How to confirm?

The fact of payment of the fee is confirmed by the original receipt or check order printed by the terminal (if the payment was not made through the operator).

Please note that when paying fees through online banking, you will need to go to the bank office to have the check printed at home certified. The courts will not accept a check printed on a printer and without a bank mark as proof of payment of the duty.

Read also: Military mortgage in 2020-2021: how to buy an apartment, conditions, changes

Payment of the state fee for going to court through State Services is not yet supported as of July 2017, but may well be activated in the future.

Refund of state duty

If the statement of claim is withdrawn before it is accepted by the court or the plaintiff, in accordance with the procedure established by the Code of Civil Procedure of the Russian Federation, abandons the claim during the trial, the paid fee for the division of property may be returned. The fee is also refundable if the claim was refused or the claim was returned after the applicant refused to correct the shortcomings indicated by the judge.

To get a refund of overpaid state duty, you will need to contact the tax service at the place of payment with the following package of documents:

1. Statement;
2. Certificate of absence of completed legal action from the court;
3. A copy of the ruling on the return of the claim/termination of proceedings.

If any controversial issues arise, it is advisable to consult with an experienced lawyer. Our website specialists are ready to advise you free of charge at any time on any issues related to the division of property.

An example of calculating the fee in case of a change in the price of the claim

It often happens that the value of the disputed property during the trial changes based on the results of the assessment. In this case, the amount of the duty must also be adjusted.

Example situation: Plaintiff Petrov filed a lawsuit against his wife for the division of non-residential commercial premises, which he valued at 2,000,000 rubles. Since the plaintiff’s share amounted to 1,000,000 rubles, he paid a fee in the amount of 13.2 thousand rubles. In the lawsuit, the plaintiff demanded that his wife pay him compensation in the amount of 1 million rubles, recognizing her ownership of the building.

At the court hearing, an appraisal examination was ordered, as a result of which the cost of the non-residential building was 1,600,000 rubles. As a result, the judge ruled to recognize the defendant’s ownership of the disputed property and ordered her to compensate her ex-husband for the cost of his share in the amount of 800,000 rubles, which is ½ of the entire price of the building.

Regarding the fee, the court decided as follows:

1. The plaintiff, based on the results of the assessment and the value of the awarded property, had to pay a fee in the amount of 11.2 thousand rubles when filing a claim according to the calculation formula for claims of more than 200 thousand, but less than 1 million rubles. Thus, the plaintiff overpaid a fee of 2 thousand rubles.
2. It was decided to collect 11.2 thousand rubles in state duties from the plaintiff’s ex-wife in his favor, of which 2,000 rubles were collected in favor of the plaintiff (as compensation for overpaid fees), and 9.2 thousand rubles - to the budget.

If in this situation the cost of non-residential premises had not changed, then 13.2 thousand rubles of duty would have been collected from the defendant in favor of the budget - the same amount as the plaintiff paid.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Save the link or share with friends

Source: http://allo-urist.com/gosposhlina-na-razdel-imushhestva-pri-razvode/

State duty for dividing marital property during and after divorce in 2020

Home » Division of property » State duty for division of property of spouses

6,303 views

When filing a statement of claim demanding division of property, a state fee is paid. This is a mandatory condition for the case to be heard in court. At the same time, the plaintiff may request a deferment of payment or demand reimbursement from the defendant, provided that he wins the case. Let's consider all the features of paying state duty and the principles of its calculation.

Amount of state duty when dividing property of spouses 2020

The amount of the state duty in 2020 directly depends on the price of the claim. This is the amount that is included in the specified document and on the basis of which payment is made to the state for considering the case in court.

In turn, the amount of the claim is determined based on the estimated value of the problem property. To do this, you must pre-pay for the services of a licensed appraisal company, which will clarify the cost of the objects. It should be borne in mind that in some cases the cadastral or inventory value of the property may be used, but most often the estimated value is used.

When appraising property, it is recommended to request a license from the appraisal company to engage in its activities. Particular attention should be paid to the points describing exactly what objects the selected company can evaluate.

Example : A couple is getting divorced. The property in dispute is the apartment. Its value at the time of registration was 3 million rubles. However, property prices have fallen dramatically since then. If the plaintiff now carries out an assessment, it will turn out that the apartment costs 2 million rubles. This approach will reduce the amount of the claim and the amount of state duty.

Who pays the state fee

In the standard version, the state fee is paid by the plaintiff before opening the case and simultaneously with filing the claim. An exception is made for situations with installments or deferred payment (more on this below). When filing a claim, the judicial authority provides the person with payment details, according to which the required amount can be paid.

If the claim price is clearly erroneous, the court makes its own assessment of the property and sets a new claim amount and state duty.

Example : The plaintiff agreed with the appraisal company, and the latter indicated in the report a fictitious cost of the apartment, indicating its price as 250 thousand rubles. This is a distinctly low price even for the worst real estate in most regions of the Russian Federation, which is why the court may not agree with the price of the claim and indicate its cost of the apartment, increasing the amount of the state duty accordingly.

The defendant can also pay the state fee. This becomes possible when the plaintiff wins the case and requires the court to include the amount of the claim in the amount of total monetary compensation from the defendant.

This approach does not require opening an additional case or even making such claims in advance. It is enough to indicate them after the decision is announced or in advance if there is firm confidence in victory.

In such a situation, the court may make the following decisions:

1. To collect a fee from the defendant in favor of the court if the plaintiff has not paid it for any reason up to this point.
2. To recover from the defendant an amount of funds equivalent to the amount of the state duty in favor of the plaintiff, if the latter has already paid the state duty.
3. To recover in favor of the plaintiff or states from the defendant a part of the fee equal to the amount of satisfied claims.
4. Refuse to collect state duty from the defendant.

Example : The plaintiff paid the state fee in full (3,000.00 rubles). His demands were only half satisfied. In such a situation, the plaintiff may demand that half of the state duty be recovered from the defendant in favor of the plaintiff. In this example: 1.5 thousand rubles.

How to calculate the state duty

The amount of the state fee is based on the estimated value of the problem property and the claims of the plaintiff. The amount itself is calculated based on subclause 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation. This legislative act states that the amount of the state duty can vary widely, depending on the price of the claim being drawn up.

Claim price up to 20,000.00 rubles

In this case, the plaintiff will be required to pay 4% of the amount, but not less than 400 rubles.

Example : The court is considering the issue of dividing disputed furniture.

The total cost of the objects is 15,000.00 rubles, but the plaintiff claims only half, therefore only 15/2 = 7.5 thousand rubles are taken into account.

4% of this amount = 300 rubles, however, according to the law, the amount of state duty cannot be less than 400 rubles, which means that the plaintiff will have to pay exactly 400 rubles.

The cost of the claim is up to 100,000.00 rubles

If the price of the claim is more than 20 thousand rubles, but does not exceed 100 thousand rubles, you will need to pay 800 rubles of a fixed amount and 3% of the claim price, minus 20 thousand rubles. The last feature is due to the fact that the previous paragraph already took into account the fact that the claim costs more than 20 thousand.

Example : If the property costs exactly 20 thousand rubles, then the state duty will be 800 rubles (4%). This amount is fixed for ease of calculation.

From any amount above the specified amount, but not more than 100 thousand, 3% is used. If the object costs 90 thousand and the plaintiff claims it in its entirety, then he needs to pay 800 rubles + 3% of 90-20 = 70 thousand rubles.

The total will be 800+2100=2900 rubles.

The cost of the claim is up to 200,000.00 rubles

In this case, the system is the same as in the previous example, but any amount from 100 thousand to 200 thousand is taken into account. 2% is taken from it and a fixed payment of 3,200.00 rubles is added to the indicated amount (4% of 20 thousand and 3% of 80 thousand).

Example : Property costs 190 thousand rubles. Only 90 thousand is taken into account. 2% of them = 1800 rubles. A fixed payment of 3200 is added to them. The total amount of state duty is 3200+1800=5000.00 rubles.

The cost of the claim is up to 1,000,000.00 rubles

The system is similar to the one indicated above, but the amount taken into account is from 200 thousand to 1 million. The fixed payment is 5200.00 rubles (4% of 20 thousand, 3% of 80 thousand and 2% of 100 thousand). 1% of the amount is paid.

Example : Property costs 800 thousand rubles. Only 600 thousand are taken into account. 1% of this amount: 6000.00 rubles. A payment of 5200.00 is added to this. The state duty will be 6000+5200=11200.00 rubles.

The cost of the claim is over 1,000,000.00 rubles

For any amount over 1 million, 0.5% is charged. The fixed payment is 13,200.00 rubles (calculated according to the same principles as indicated above). In this case, the peculiarity is that there is a maximum limit beyond which the state duty cannot be charged - 60 thousand rubles. That is, if for some reason the plaintiff needs to pay more, he contributes only 60 thousand.

Example : The disputed object is a house worth 5 million rubles. The plaintiff claims half (2.5 million). The calculation takes into account 2.5-1 = 1.5 million rubles. 0.5% of this amount is 7500.00 rubles. Taking into account the fixed payment, the state duty will be 7500+13200=20700.00 rubles.

The procedure and features of paying state duty when dividing property

As mentioned above, upon divorce, if it is necessary to submit a decision on this issue to the court, the plaintiff is obliged to pay the state fee according to the details given to him when submitting the application. But there are other features that need to be taken into account:

• This type of paperwork is carried out in district and magistrate courts. This is exactly where you need to go.
• You can pay in person at the bank or remotely through your online account. In the latter case, you will need to print a receipt.
• If the defendant, from whom the court has ordered to collect the state fee, refuses to pay it, you can contact the enforcement service.

Deferment and installment payment

In some cases, the applicant cannot immediately pay the required amount as payment of the state fee.

He has the right to apply to the court with a request to defer payment (for example, in the hope of collecting a state fee from the defendant) or to ask for payment to be spread over several installments.

To make this possible, the plaintiff must provide documents confirming his poor financial condition. For example, a certificate from the employment center.

In connection with such a request, the court may make one of the following decisions:

• Refuse to defer or installment due to lack of evidence of the plaintiff’s poor financial condition (the plaintiff still retains the right to demand compensation in the amount of the state duty from the defendant).
• Satisfy the defendant’s request and establish installment payments or defer payment for a certain period. In this case, the applicant will be able to pay the entire amount in parts or in full, but not immediately, but after some time.

Refund of state duty when dividing jointly acquired property of spouses

There are a number of conditions under which the applicant receives the right to return the previously paid state fee:

• Refusal of the court to consider the case.
• Return of the claim.
• Termination of legal proceedings in this case.
• Excess of state duty (only the excess amount is refundable).

An application for a refund must be submitted to the same court using the details of which the payment was previously made. If the applicant's demands are to be satisfied, he will issue a corresponding resolution within 15 working days. You need to contact the tax office, which will issue a refund within one month.

State duty when applying interim measures

If the situation with the disputed property is very complex and the use of interim measures is required (in other words, to protect the property from any of the parties to the proceedings), you will have to pay an additional 3 thousand rubles (Article 333.21 of the Tax Code of the Russian Federation, subparagraph 9 of paragraph 1).

Read also: What documents are needed for maternity capital in 2020

State duty for a settlement agreement

If during the proceedings the parties come to an amicable agreement, the state fee is not returned to them and is still payable (if it has not been paid up to this point). The parties independently decide who makes the payment and in what amount.

State duty when concluding an agreement without court

In the event of a divorce, former spouses can do without going to court by concluding an agreement between themselves on the division of property (this may include both jointly acquired and personal property).

Moreover, this operation can be performed after a divorce, but no later than 3 years (statute of limitations).

In this case, you will have to pay significantly less: 0.5% of the agreement amount, but not more than 20 thousand rubles + notary services (approximately 5 thousand rubles). You will still have to evaluate the divided property.

Issues of payment of state duty, especially when it reaches significant amounts, in some cases become even more significant than the very essence of the case being considered in court. We offer our services at a free consultation and in the future, we can provide assistance in court, acting as representatives.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/gosposhlina-na-razdel-imushhestva-suprugov/

State duty for division of property

The legislation of the Russian Federation provides for mandatory payment for the provision of services to citizens. Such a fee goes to the state budget and is therefore called state duty (state duty).

This fee has fixed rates and is calculated based on approved standards. The size and rates of state duties are approved by the Tax Code of the Russian Federation and depend on the services provided to citizens.

For example, during legal proceedings on disputes regarding the division of property between spouses, the state duty is calculated in accordance with Art. 333.19 and Art. 333.20 Tax Code of the Russian Federation:

You can calculate the amount of the state duty on the website of the court in which the claim is supposed to be filed. Also on the website you can find the details for which you need to pay the fee.

Amount of state duty when dividing property

If the spouses submit an application to the court for the division of property, such a dispute is of a property nature. Property claims are subject to assessment .

The amount of the state duty in this case will depend on the amount of the claims (i.e., on the value of the property for which the spouses declared division) and is determined in accordance with paragraph 1 of Art. 333.19 Tax Code of the Russian Federation.

The value of property is determined by specialized organizations or can be established by cadastral and other documents.

When simultaneously filing a claim for divorce and division of property, it is necessary to pay two state fees, in accordance with the requirements of subparagraph 12, paragraph 1, art. 333.20 Tax Code of the Russian Federation.

Calculation of state duty when dividing property

The state duty is calculated from the amount of the claim (the value of the disputed property), based on the following rates established by the Tax Code of the Russian Federation:

• if the value of the disputed property is up to 20 thousand rubles - 4% of its value (but not less than 400 rubles);
• if the value of the disputed property is more than 20 thousand to 100 thousand rubles - the state duty will be 800 rubles + 3% of the amount that exceeds 20 thousand rubles;
• if the value of the disputed property is more than 100 thousand to 200 thousand rubles - the state duty will be 3,200 rubles + 2% of the amount that exceeds 100 thousand rubles;
• if the value of the disputed property is more than 200 thousand to 1 million rubles - the state duty will be 5,200 rubles + 1% of the amount that exceeds 200 thousand rubles;
• if the value of the disputed property is more than 1 million rubles, the state duty will be 13,200 rubles + 0.5% of the amount that exceeds 1 million rubles (but not more than 60 thousand rubles).

The amount of the fee must be calculated by the plaintiff himself when filing a statement of claim. The court checks whether the calculation was made correctly and, in cases where the amount of the duty is less than required, makes a ruling on payment of the state duty in full.

Example

When spouses divorce, property in the form of a residential building and land is subject to division. The cadastral passport establishes that the home ownership is valued at 3,200,000 rubles, and the land plot is valued at 2,100,000 rubles.

  In accordance with the Family Code of the Russian Federation, spouses are entitled to 1/2 (50%) of the property that they acquired during the marriage. Therefore, each spouse has the right to 1/2 of the house ownership and 1/2 (50%) of the land.

  When a claim is filed by either spouse, claims will be made for 1/2 (50%) of the property, and therefore, the amount of claims will be calculated as follows:

• 3,200,000 rubles x 1/2 = 1,600,000 rubles (home ownership);
• 2,100,000 rubles x 1/2 = 1,050,000 rubles (land plot).

The state duty will be calculated based on the rate of the Tax Code of the Russian Federation:  

• 13,200 rubles (fixed amount) +((1,600,000 - 1,000,001) x 0.5%) = 13,200 + 2,999 rubles. 99 kopecks = 16,199 rubles 99 kopecks.
• 13,200 rubles (fixed amount) + ((1,050,000 – 1,000,001) x 0.5%) = 13,200 + 249 rubles. 99 kopecks = 13,499 rubles 99 kopecks.

The amount of state duty payable to the state budget for the division of home ownership and land will be 29,649 rubles, 99 kopecks.

Deferment (installment plan) of payment of state duty when dividing property

In the event that the applicant is unable to pay the fee in full, due to his financial situation or other reasons, the applicant is given the opportunity to defer payment of the fee , as well as the opportunity to pay the fee in installments .

To do this, the applicant must submit to the court an application for installment payment or an application for deferment of payment of the fee. The application is accompanied by relevant documents confirming the fact that it is impossible to pay the fee at the moment (a certificate from the employment center about the lack of earnings, etc.).

The judicial authority considers the application and makes an appropriate decision :

• to satisfy the application and provide the citizen with a deferment (or installment plan) to pay the fee. The determination specifies the conditions and deadlines for payment of the full amount of the fee;
• about the refusal of a citizen’s application and sets a deadline for paying the state fee. In the event that a citizen does not pay the fee within the established short-term period, the claim will be sent back to the plaintiff without consideration.

The court's provision of a deferment (or installment plan) in the payment of the fee means that the amount of the fee can be paid before the consideration of the case, and the period set by the court usually does not exceed one year.

Is state duty collected from the defendant when dividing property?

If the judicial authority makes a positive decision in favor of the applicant, the state fee may be withheld from the defendant . To do this, the applicant needs to go to court within the same legal proceedings with an application for recovery of expenses spent on paying the state duty.

The application can be submitted either after the court has made a decision on this case, or during the legal proceedings, as a change/increase in claims. There is no need to pay additional fees or recalculate the amount of claims.

The court makes one of the following decisions on this application, taking into account all the circumstances of the case:

• to recover from the defendant in favor of the applicant the amount of state duty in full (if the fee was paid by the applicant in full, and also if the claim is satisfied in full);
• on the recovery of part of the state duty from the defendant in favor of the applicant - in proportion to the satisfied demands (if the duty was paid by the applicant in full, and the claim was partially satisfied);
• on recovery from the defendant in favor of the applicant of part of the state duty, and recovery from the defendant in favor of the court of the amount of state duty underpaid by the applicant (if the duty was paid by the applicant in part, and the claim was satisfied by the court in whole or in part);
• on the recovery of the amount of state duty from the defendant in favor of the court (if the duty was not paid by the applicant, if the claim is satisfied in whole or in part).

In some cases, the court may refuse an application to collect a fee from the defendant, for example, if a settlement agreement is signed, which defines the procedure for paying such a fee between spouses, or for other reasons.

Is the state duty refunded when dividing property?

The state duty can be returned from the state budget at the request of the payer of such duty in certain situations provided for by law:

• if the citizen refused to consider the case in court or to appeal to a judicial authority;
• if the judicial authority refused to accept and consider the citizen’s application;
• if the claim is returned to the applicant;
• if the proceedings in this case are terminated;
• if the judicial authority left the citizen’s claim without consideration;
• if the amount of duty paid is in excess of the required amount (excessive).

An application for a refund of duty is submitted to the court . The judicial authority considers this application and issues a ruling on the refund of the duty, which will enter into legal force within 15 days.

After this, the applicant must contact the tax authority with an application for the transfer of funds and documents (a ruling or a court certificate), which must return the funds to the applicant within one month.

State duty when implementing interim measures during division of property

When there is a dispute between spouses regarding property, the question arises about the need to preserve such property during the trial and until the distribution of this property between the spouses.

The judicial authority may apply interim measures (Article 139 of the Civil Procedure Code of the Russian Federation) regarding the property claimed in the claim. Security may be expressed in the following measures established by Art. 140 Code of Civil Procedure of the Russian Federation:

• seizure;
• prohibition to dispose of property (alienate, re-register real estate and vehicles, withdraw funds, etc.);
• suspend collection under enforcement documents in relation to the disputed property;
• other measures provided for by law.

The application may be made at any stage of the proceedings. In this case, there is no state fee for filing an application.

State duty when signing a settlement agreement when dividing property

The settlement agreement is concluded by mutual consent of the spouses . The judicial body has no right to force its conclusion. In the agreement, the spouses can stipulate all the nuances regarding the division between them of both the disputed property and the costs associated with resolving the dispute through the courts.

The settlement agreement is signed by both parties , and then it is approved by the judicial authority, represented by the judge hearing the case. The parties do not pay additional fees upon its conclusion.

The fee paid by the applicant to the state budget for the consideration and resolution of this dispute by the court is not refundable.

Questions from our readers and answers from a consultant

Hello lawyers! We need your advice. My husband filed for divorce. The court provided 2 months for reconciliation. I want to file a claim for division of property at the next meeting. However, I don’t have the money to pay the state fee (which amounts to almost 15,000 rubles). I heard that I can ask the court for a deferment in payment. How and when should I do this?

Hello! You need to write a petition or application for a deferment for payment, indicating the possible period. I advise you to ask the court for a one-year deferment. The court itself will set a period for you.

The application must indicate all the details (as in the claim), as well as the reason for such a delay.

The main thing is to attach evidence to the application (certificates from the employment center, being on maternity leave, other certificates, and also, the reason may be the lack of an established value of the disputed property).

The application is best submitted together with a claim for division of property. At the same meeting, the court will issue a ruling (on deferment of payment or refusal).

When considering the application for division of property, the court granted me a deferment to pay the fee. Can I not pay it (the state fee) at all if I win the court, but immediately collect it from the defendant?

If the deadlines provided by the judicial authority for payment of the fee allow, then after the court has rendered a decision in this case, you can file (by submitting a written application to the court) a demand to collect the state fee from the defendant in favor of the court (you can also in your favor). In this case, the judicial authority will issue an appropriate ruling, and you will not have to pay the state fee (or most of it if the claim is partially satisfied).

Source: http://razvod-expert.ru/imushhestvo/isk-o-razdele/gosposhlina/