How to divide money and bank deposits during divorce

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Today, divorce proceedings have become so common that when faced with them, you cease to be surprised. During a divorce, spouses divide the movable and immovable property acquired during the marriage, debt obligations, as well as funds, regardless of the form of storage of money - in cash or non-cash form. The parties should try to resolve the issue through a claim procedure before going to court. The conclusion of a prenuptial agreement or settlement agreement can be considered as a voluntary division of funds during a divorce.

Basic principles for dividing funds between spouses

The RF IC establishes a regime of community for all property acquired by spouses during marriage (Article 34). This also applies to cash savings. The following are considered as such:

• all income from employment, including bonus payments, salaries, etc.;
• income from business activities. Here, profit on shares, proceeds from the sale of common property, etc. will be taken into account;
• income from the intellectual activity of the spouse;
• any benefits, scholarships and pension payments.

Only payments made by the state and other structures cannot be included in general income if they have a designated purpose.

It is easier to divide the funds accumulated in bank accounts; their presence and movement can be traced. Especially if this is not some kind of account that one of the spouses opened in his own name without informing the marriage partner. It is more difficult to divide cash because... sometimes it is difficult to calculate their number if the spouses themselves do not give their consent.

What kind of money is not shared?

If amounts of money are received during marriage, they are recognized as jointly acquired property. There are a couple of exceptions to this rule. For example, one of the spouses will sell real estate that he acquired before marriage and is its sole owner. In this case, the money received from the transaction will be his property and cannot be divided.

The funds that both spouses cannot claim at once are targeted payments. This applies to maternity capital, compensation payments received for causing harm to health at the enterprise, etc. (Article 34 of the RF IC).

Legal advice

Experienced family dispute lawyers recommend resolving the division of property by mutual consent. This will save time and make it possible to split the total 50/50. To carry out such a procedure, you will need a specialist who can fix the section. It will be impossible to carry out a challenge procedure after mutual agreement, since an experienced specialist will not want to lower his rating.

When the case comes to court, the decision may be ambiguous and the defendant risks being left without money, especially if he is deprived of parental rights. There are often cases when a judge makes a decision in favor of a mother who is left with the children or is in a sick condition due to an unsuccessful pregnancy, etc.

As practice shows, there are 3 division methods:

• legal proceedings are the longest and most expensive;
• peaceful i.e. pre-trial order, when those who separated share the money themselves;
• under the contract if it was concluded in advance.

If it was not possible to reach a common agreement peacefully, it is advisable not to spoil the relationship between each other. The collection of documents, witnesses, and certificates should begin precisely at the time when the plaintiff understands that he will not come to a general agreement. The simplest solution would be for each party to contact a lawyer who will coordinate their actions.

There are 5 recommendations to make the partition process easier:

1. The claim is sent during the official period according to the law. If within 3 years there were no objective reasons for missing the filing deadline, the judge will reject the request for renewal.
2. It is better to file a claim at the place of official residence of the plaintiff.
3. It is advisable to collect all certificates and documents in advance and attach them to the claim.
4. Try not to enter into conflict.
5. You cannot falsify documents and certificates, even if one of your relatives insists.

Indicate the entire list of property to be divided, including money, jewelry, real estate, transport, etc. The division takes place within one meeting. It is possible to challenge the judge's decision, but it is very expensive for both parties. The plaintiff needs to prepare for additional costs associated with examinations and assessments.

In practice, there are often cases when the defendant, wanting to retain the right to own an account, provides fake certificates of donation or inheritance. After the end of the process, if all the checks and measures taken were objective, there is a possibility of reimbursement of costs from the culprit. The meeting is held separately, you need to keep all certificates and receipts.

The divorce process has a huge number of nuances and complexities. It is impossible to divide money honestly and independently in 80% of cases. The most important recommendation: do not resolve personal disputes during the court hearing. A judge can easily make a subjective decision based on his own principles. All accusations against the defendant or plaintiff must be supported by documents, certificates, and witness testimony. It must be remembered that no one has yet canceled liability for “Slander” and “Insult of a person”.

Division of property upon divorce

Share:

Is money in accounts divided during divorce?

The easiest way is to separate bank deposits. It is enough to request a printout of the movement and balance of funds in the account. Such amounts are divided in a general manner, based on the size of the shares established by a court decision or agreement between the spouses.

Bank deposits that each spouse made before entering into an official marriage will not be subject to division.

In such a situation, the court will take into account the following factors:

• when the bank account was opened;
• on what date the cash receipts are received into the account;
• availability of evidence of the origin of funds deposited into the account.

How should property be divided?

Equally according to the law

There are many options for cases, and therefore court decisions on the division of accounts in 2020. For example, an account was opened by one of the spouses before marriage, but money was placed there already during the existence of the family from the general budget. This means that part of the amount is subject to division. Or the account was opened during marriage, but the money was deposited there from the sale of an apartment inherited by the spouse. In this case, the money from the account is not divided.

What needs to be shared

According to the Civil Code of the Russian Federation and the Investigative Committee of the Russian Federation, if there is no marriage contract between spouses, then everything that they acquired during marriage is recognized as common property, with the exception of some things. The common property must be distributed between the former spouses within 3 years, that is, fully comply with the so-called statute of limitations. If the spouse decided to divide the property after these three years, this will also be possible, however, in court he will have to prove that he was, for example, deceived.

How to divide joint money savings

The division of marital property, including finances, can be carried out in two main ways:

1. In a court.
2. Through a peace agreement.

If a couple has similar views on the division of the common property of the spouses, it is cheaper and faster to implement it by signing certain agreements:

1. Marriage contract. This document is signed before the wedding or during the marriage. According to it, spouses can establish any property ownership regime that does not contradict Russian laws. Those. they themselves determine how much money and who will receive it. It is valid even for personal property.
2. Property division agreement. It occurs during marriage or after divorce. The document allows you to delimit ownership rights only to the joint property of the spouses, i.e. with their common money. Any property regime can be established if it does not contradict the law.

On our website you can do it if necessary.

If the spouses fail to reach an amicable agreement, each of them has the right to file a claim with the court asking for forced separation.

General provisions

According to the provisions of the Family Code (FC), everything acquired during marriage belongs to both spouses. The principle applies not only to real estate and other property. It equally applies to the division of funds that were received by partners in marriage. This means:

• cash;
• funds in accounts.

Important: property acquired by partners in respect of whom a legal regime of property relations has been established is subject to division. If there is a prenuptial agreement after a divorce, they act in accordance with its provisions.

Not all funds are subject to division. Personal property of partners includes:

• bank deposit made before the wedding;
• monetary inheritance.

Important: funds in the child’s bank account will not be included in the common property. The law recognizes them as the property of a minor and does not include them in the total amount acquired during marriage.

Agreement on the division of funds during divorce

Spouses have the right to draw up an agreement on the division of property during the marriage or after its breakup. They can also do this during the divorce process. The text itself is written in free form. The main thing is to provide detailed information about each object that is subject to division.

If the question concerns cash savings, it is necessary to indicate in which account they are located, bank details, what specific amount and/or amount of interest each spouse will receive upon divorce. In addition, the agreement contains the following information:

• passport details of the spouses (full name, date of birth, residential address, series and numbers of documents);
• information about the existence of marital relations with reference to documents;
• presence of minor children;
• total amount of savings;
• indication of specific bank accounts;
• order of division;
• the effective date of the agreement;
• date of compilation and signatures of the parties with transcript.

An agreement on the division of property must be notarized. Without it, the document is considered void.

On our website you can read the text if necessary.

Division of deposits through the court during divorce

Most spouses divide property by court decision. The judge starts from Art. 38 of the RF IC and shares joint property in equal shares. Cases of departure from this principle occur only when dividing real estate if the couple has minor children.

How to properly divide money deposits between spouses through the court.

Statement of claim for division of funds

Each spouse has the right to file a claim in court. It is advisable to entrust the document preparation procedure to a professional lawyer. If this is not possible, it is necessary to build on Art. 131 Code of Civil Procedure of the Russian Federation when writing text. The claim for division of common property contains the following information:

• Title of the document;
• information about the organization to which the application is being submitted (name of the court and location address);
• passport details of the plaintiff and defendant (first name, surname, patronymic, residential addresses, dates of birth, etc.);
• the essence of the claim, i.e. what the plaintiff sees as an infringement of his property rights;
• ways to resolve the issue proposed by the plaintiff;
• links to regulations confirming the legality of claims;
• preliminary calculation of the finance section;
• date of compilation and signature of the plaintiff with transcript.

The document is submitted to the district court at the defendant’s place of residence. If the divisible amount is less than 50 thousand rubles, then you must contact the magistrate.

Seizure of funds in accounts during divorce

If there is a threat that one of the parties may withdraw funds from the account and dispose of them at its own discretion before the division, it is necessary to seize the property. This can only be done in court. An application for interim measures will be required. It is submitted in the same way as a statement of claim to the court office. If a positive decision is made, it should be referred to the Bailiff Service, which will begin enforcement proceedings. During this process, a request will be sent to the bank, and the accounts will be frozen for the entire duration of the trial.

How not to split money during a divorce

To avoid division of funds during a divorce in 2020 and act legally, you should collect and present evidence that the funds are the personal property of only one party. To do this, you can submit payment documents, sales contracts, etc.

If the accounts are not seized, you can withdraw them and transfer them to a small bank. But this option is not suitable for a small locality where there are few credit institutions, which means that bailiffs and a judge can make a simple request about the availability of an account in 2020.

Arbitrage practice

The practice of court decisions on the division of funds between spouses is extensive, but generally monotonous.
The judge proceeds in this matter from the principle of equality of shares. The need to prove that the money belongs to only one party is assigned to it. If such evidence is not provided, all savings received into the accounts during the existence of the marriage are automatically considered joint property. The former husband and wife have the right to use the joint property of the spouses even after a divorce. But if we are talking about monetary savings, then it is impossible to realize it, so a division of such is necessary. This can be done by contract or through the courts.

Maternal capital

The law clearly states that spouses can only divide joint property; they have no right to encroach on personal property. The issue of maternity capital, which works so successfully in our state, cannot but arise during the division of property. After all, it was initially purchased for the needs of the family and children, which means there is a possibility of dividing it up? When dividing property, maternity capital remains with the person to whom it was issued.

First of all, swearing. capital is a personal document issued to the mother if at least one of the conditions described in the relevant article is met (No. 3 Federal Law No. 256 of December 29, 2006), and does not terminate with the dissolution of the marriage.

Secondly, maternity capital is the personal property of the mother or the person who owns it . It has this status because of its intended purpose, this is a decisive factor. Yes, the family needs it, but it is a targeted subsidy from the state, therefore it is not subject to division.

Maternity capital is often used to pay a mortgage. Such an apartment, purchased on a mortgage with the help of this subsidy, or on credit, but with the same help, is registered as common joint property. If after the divorce the spouses have no mortgage debts, then both of them will have the right to claim their share of the apartment or live in it.