Judicial practice on car division after divorce

Court decision on the division of jointly acquired property in the form of a car No. 2-1284/2017

April 25, 2017

Zheleznodorozhny District Court

Presiding federal judge Aleynikova I.A.

With the secretary Full name4.

Having considered in open court a civil case based on a claim

Fadeeva SD to Fadeeva AB division of jointly acquired property

FULL NAME2 filed a claim against FULL NAME3 about the division of jointly acquired property in the form of a Toyota HIACE 1997 car, state-owned. number, N 292 KE 125 year of manufacture, white, engine No. 3L 4 –366649, body No. LH 1190095341 worth 257,000 rubles. In support of the claim, she indicated that she was married to the defendant in 2008. There is a child from the marriage, Full Name 3, born in 2011. A divorce case is currently in court. An agreement on the voluntary division of property has not been reached. She asks that the defendant be recognized as having the right to a 12th share of monetary compensation for the disputed property, and that the said property be allocated in her favor.

The plaintiff did not appear at the court hearing and was notified. His representative supported the claim on the grounds set out in it. He also testified that the car was driven by the plaintiff.

The defendant did not admit the demand and showed the court that since she has a child together, she needs to take him to kindergarten. But she cannot drive this car because it has a manual transmission (box) design, she is trained to drive automatic transmission cars (automatic), and therefore she intends to sell it and buy another car.

After hearing the persons involved in the case and studying the case materials, the court came to the following conclusion.

According to marriage certificate 1-ДВ 710032, the parties entered into marriage DD.MM.YYYY. The marriage relationship ended in 2017.

From the case materials it follows that due to the termination of the marriage relationship, a dispute arose about the division of jointly acquired property.

According to the rules of Art. 34, 39 of the RF IC, property acquired by spouses during marriage is their joint property. When dividing the common property of the spouses and determining the shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.

A marriage contract was not concluded between the parties, and therefore their property is subject to the legal regime by virtue of which the parties. have equal rights to all property acquired by them during the marriage.

At the court hearing, it was established that during the marriage, DD.MM.YYYY, in the name of FULL NAME3, a Toyota HIACE 1997 state-owned car was purchased. number, N 292 KE 125 year of manufacture, white, engine No. 3L 4 –366649, body No. LH 1190095341, which is confirmed by the PTS, which, by virtue of Art. 34, 39 of the RF IC is the common joint property of the parties.

In this connection, the named property is subject to inclusion in the total mass of property subject to division.

During the marriage and after the termination of the marriage relationship, the car was in use FULL NAME6

According to the car valuation certificate submitted by FULL NAME6, produced by a specialist from Ocenka-Partner LLC dated DD.MM.YYYY, it follows that the average market value of the car is 257,000 rubles.

The court believes that the disputed car should be allocated in favor of the plaintiff, since the plaintiff has the skills to drive a manual transmission, unlike the plaintiff, who can only drive cars equipped with an automatic transmission. The controversial car is not one of those.

Moreover, the court takes into account the fact that the plaintiff wants to sell the said car, while the plaintiff wants to drive it.

In this connection, the cost of 12 shares of the disputed property is subject to recovery in favor of FULL NAME3, that is, compensation in the amount of 128,000 rubles.

There are no grounds for increasing the plaintiff’s share in the disputed car subject to division, in connection with the residence of a child with FULL NAME 3.

Based on the aforesaid and guided by Article. 194-198 Code of Civil Procedure of the Russian Federation, court

The claims of Fadeev SD to Fadeeva AB for the division of jointly acquired property are satisfied.

Recognize as common joint property and allocate in favor of Fadeev SD a Toyota HIACE 1997, state-owned car. number, N 292 KE 125 year of manufacture, white, engine No. 3L 4 –366649, body No. LH 1190095341 worth 257,000 rubles.

To recover from Fadeev SD in favor of Fadeeva AV compensation for the property subject to division in the amount of 128,000 rubles.

An appeal against a decision on appeal may be filed within a month from the date of the decision in a reasoned form to the appellate instance of the third court through the court that issued it.

The reasoned decision was made on 03.05. 2017.

Federal judge: I.A. Aleynikova

COURT DECISIONS ON THE DIVISION OF JOINTLY ACQUIRED PROPERTY:

Nazarova Yu.V. filed a lawsuit against A.E. Nazarov. on divorce and division of property acquired jointly during the marriage. In support of the claim, she indicated that she had been married to the defendant since August 2, 2020.

Makushin E.I. filed a lawsuit against N.V. Makushina, in which she asks to terminate the agreement registered between the parties on September 2, 2000. marriage, make a division of jointly acquired property, allocating a car (dd.mm.yyyy) of manufacture and.

How to divide a car between spouses during a divorce

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When spouses make a decision to divorce, it obviously creates a stressful situation, and yet the divorce process rarely ends with a simple trip to the registry office to have it marked in the passport.

As a rule, recent marriage partners are drawn into an open conflict over the division of jointly acquired property. In addition to housing, the division of a vehicle can be a serious problem, because its cost may be comparable to the annual budget of the former family.

Is a car subject to division in a divorce?

Everyone knows the rule - any property of the spouses is recognized as their joint property. In fact, this is a misconception, because the legal status of movable and immovable property of citizens depends not only on the period, but also on the grounds for acquisition.

Here is what is stated in the Family Code of the Russian Federation regarding possible forms of property of spouses:

• A joint form of ownership arises if property was purchased during marriage using common funds and the shares of each spouse are not determined by common law;
• Shared form of ownership - similar grounds and conditions of acquisition, but the spouses determined the specific shares of each of them;
• Personal property - everything that belonged to a citizen before marriage, or was received by him during marriage under gratuitous transactions (for example, donation or inheritance);
• Separate property is property acquired jointly, which is registered as the personal property of each partner under the terms of the marriage contract.

Note! Personal and separate forms of ownership mean that the owner does not have the right to ask the consent of the second spouse for sale or other alienation. In case of joint or shared ownership, such consent cannot be avoided.

Thus, in order to determine whether a vehicle is subject to division, it is necessary to establish which of the spouses’ forms of ownership applies to it. If public funds of citizens were used to purchase it, you cannot do without dividing the vehicle.

Vehicles belonging to personal or separate property are not subject to division under any circumstances !

Is it possible to share a car without going to trial?

It seems that the most obvious option to decide the fate of a shared car is to go to court. However, there is a completely legal way to avoid litigation and determine the right to common property on a voluntary basis.

All you need to do is draw up a written agreement that details what property is transferred to each spouse.

To give this document legal force, it must be notarized. A notarized agreement is mandatory for execution by the parties.

Voluntary execution of such an agreement will save you not only from wasted time and nerves, but also from the significant costs of litigation.

There are no special requirements for the content of the agreement. The most important thing is that both partners come to a mutually beneficial compromise and are able to formulate their decision on paper. In this case, the car will be specified in the agreement in the same way as other types of property assets.

How a car is divided: rules

Naturally, as an indivisible thing, a car cannot be divided in kind. Regardless of the method of division (agreement or litigation), citizens will have to choose one of the following options:

• Transfer the car to one of the spouses in exchange for proportionate monetary compensation;
• Leave the car to the second spouse, but instead of cash, transfer an equal part of other property due during division (for example, expensive equipment, another vehicle, real estate or land);
• Do not transfer the vehicle to the second spouse, but sell it at market value (established valuation) with the proceeds divided in half.

Which option is most optimal is up to the spouses to decide. If they cannot come to a common opinion, then the word will remain with the court.

If purchased before marriage?

Premarital property is recognized as the personal property of its owner and is not considered as the subject of division in a divorce. This rule fully applies to cars. If, according to documents, the husband entered into marriage owning a car, he receives a guarantee that the divorce will not affect the car in any way.

In practice, a number of significant nuances may arise:

• If a car purchased by the husband before marriage is sold immediately after the wedding, and a new car is purchased with the proceeds, it becomes the joint property of the family (an exception will be the case when the husband can prove that he did not spend common family funds on the purchase);
• If the car was damaged and then restored using a significant part of joint funds, the second spouse has the right to demand recognition of this vehicle as joint property.

The fact of purchasing a car before marriage is easily confirmed - just compare the dates in the certificate of registration of ownership of the car and the date of the stamp in the passport. In all other cases, you will have to prove the status of the car as joint property exclusively in court and, preferably, with the participation of an experienced family law lawyer. You can get a free consultation with a family law lawyer right now on our website.

Is a car owned jointly during marriage subject to division?

To determine this, it is enough to establish the grounds for its acquisition and the source of payment of funds:

• If the family did not spend a penny on purchasing a car, and it was gifted to one of the spouses, or inherited by will, there can be no talk of division;
• If the car was purchased at a car dealership using common income or with credit money, each spouse has equal rights to own it.

If the car was bought with common money, but to simplify the procedure, ownership was registered only in the husband’s name, the wife in any case has the full right to half the cost of the vehicle. It does not matter who is listed on the title deed. Follow the rule: if you spend your family’s money on a car, divide it equally

There is a nuance for dividing a car taken on a car loan. Spouses not only have equal rights, but also bear equal responsibilities. If they purchased cars using loan funds, the responsibility to repay the loan lies equally with both citizens. Therefore, during a divorce, not only the car will be divided, but also the obligation to pay the loan for it. Learn more about the procedure for dividing a loan car.

If there are two cars?

If a family has two or more vehicles, several options for dividing them are possible.

• Each spouse is given one car, and if someone takes ownership of a more expensive vehicle, then they must be paid monetary compensation to equalize the shares.
• All cars can be sold and the proceeds divided equally;
• The entire vehicle goes to one of the spouses, and the other spouse gets the rest of the property or part of it at a value equal to the cost of the cars.

This is not an exhaustive list of possible options. The method of dividing several cars directly depends on its value, the circumstances of the case, the position of the parties, the presence of other property and other factors.

Statement of claim for car division after divorce sample

The procedure for drawing up a claim and the requirements for its content are set out in Art. 131-132 Code of Civil Procedure of the Russian Federation.

The statement of claim must indicate:

1. Addresses and names of the court and parties to the case. It is also recommended to indicate the contact information of the plaintiff and defendant.
2. Description of the dispute – date of marriage and dissolution, grounds for divorce.
3. Reasons for division of property (refusal of voluntary division, etc.)
4. List of property, indication of its value.
5. Motivation of arguments in favor of one or another method of division, the proposed procedure for dividing property.
6. Links to legislation.
7. Demand for partition.
8. Signature, date, list of documents for the claim.

A receipt for payment of the state duty must be attached to the statement of claim.

Also, the claim must include:

• A copy of the plaintiff's passport;
• Documents for the car;
• An appraiser's report on its value (if the appraisal requirement is not planned to be submitted during the process);
• Receipt of payment of the duty;
• Other documents relevant to the case (for example, confirming the need for a car).

IMPORTANT: Simultaneously with the claim for division of the car, a petition for seizure of the car may be filed.

The above example is exemplary; in real practice, filing a claim for the division of a jointly owned car can turn out to be a much more complex procedure. In any case, it is recommended to consult with a lawyer in advance.

For more information on filing a claim for division of joint property of spouses, see a separate material.

Where is the claim filed?

Jurisdiction for the division of joint property depends on the value of the share of each spouse.

Is it possible to divide a car during a divorce?

When starting a family, people try to accumulate as much property as possible. If the marriage breaks up, they begin to divide the property. Car division is a complex issue that often lands divorcing couples in the courtroom.

Is a car subject to division in a divorce?

According to the law, only property that was acquired during this period is subject to division after marriage, i.e. purchased. If the car belonged to one of the spouses before marriage, it will remain his property, which the other half cannot claim. Also, property inherited or transferred by gift is not divided.

Thus, if a couple purchased a car while married, both members can claim it after a divorce.

A car is an indivisible property, that is, not subject to division in the literal sense of the word. It cannot be cut in half and an owner assigned to each part, but the money from the sale of the car can be divided.

It’s good when spouses agree on who will keep the vehicle. If this does not happen, you need to go to court.

To open a case, you must submit the following documents:

• A claim requesting the division of a car;
• A receipt for payment of the state duty, the amount of which depends on the value of the claim;
• Marriage certificate;
• Documents for the car.

Before starting a lawsuit, the car needs to be appraised . Experts carry out the assessment procedure. This step is necessary to complete a fair division.

There are several possible solutions to the issue:

• The car is sold, the proceeds are divided in half;
• The car remains with one spouse. The second receives monetary compensation equal to half of the value established by the experts;
• Exchange. One party receives the car, the other receives something of equal value. Most often, the wife stays with the children in the apartment, and the husband takes the house and, for example, the dacha.

If a family ended up with two cars when dividing property during a divorce, an appraisal is still needed. The one who gets the more expensive vehicle compensates the difference to the other party.

The following video talks about the division of property such as a car purchased under a power of attorney during a divorce:

Next, it is worth considering the issue of division of property during a divorce if you have a car on credit.

Car purchased on credit

The division of a car purchased on credit during a divorce is somewhat reminiscent of the division of a mortgaged apartment. However, since a car is not as important as living space, the issue is easier to solve.

Debts, like property, are divided in half between former spouses. As a result, the car loan division in a divorce looks like this:

1. First of all, it is determined who gets the vehicle.
2. Next, the amount of debt under the contract and the real value of the car at the moment are established.
3. The debt is subtracted from the price and the remainder is divided in half.
4. The spouse who is left without a car receives monetary compensation in the amount of the established half.

For example, the husband takes the car. The debt on the loan is 1 million rubles, the condition of the vehicle is estimated at 3 million. The paid price is thus equal to 2 million, and the share of each spouse is 1 million. As a result, the man takes the car and undertakes to pay off the debt himself, and the woman receives compensation in the amount of 1 million rubles.

Instead of money, the spouse can take property of appropriate value . In reality, of course, everything may turn out to be more complicated, but the principle of division during a divorce of a credit car remains the same.

Minor children and vehicle sharing

Now let’s consider the issue of dividing a car during a divorce with minor children. Whether there is a child in a disintegrating family or not, it is important when you need to determine where to take the application (to the court or to the registry office). But children have nothing to do with the division of property, since they cannot inherit the property of living parents.

The only possible moment is to convince the court of the need for this or that property for the spouse with whom the children remain . Although, this is more likely to apply in the case of dividing an apartment.

Sample claim for car division during divorce

If the cost of the claim is more than 50,000 rubles, the application should be submitted to the city (district) court. In other cases, the issue is decided by the magistrate.

An application for car partition must contain the following information:

• Name of the court, name of the judge;
• Personal information about the plaintiff and defendant (full name, date of birth, etc.);
• Cost of claim;
• Brief description of the issue;
• Statement of the essence of the problem.

You can see a sample claim for division of a car during a divorce in the attached document, as well as below.

Sample application for divorce and division of property (car)

Arbitrage practice

Judicial practice on the division of a car during a divorce is quite extensive. Next we look at two particularly noteworthy cases.

The plaintiff asked the court to reserve his right to the car purchased during marriage and to allow him to use the garage. The defendant demanded compensation for half the cost of the car. The court satisfied the demands of the ex-spouses. As a result, the party that received the car paid the other party 174,000 rubles. The garage remained in common use, i.e. was split in half.

Thus, it is clear that the car cannot be divided . It goes to the use of one of the spouses, and the other receives compensation. You should be very careful when investing money as a gift into the purchase of property during marriage.

Thus, the plaintiff went to court, demanding the division of a car registered to the defendant and in her possession. The defendant tried to change the order of division into shares, claiming that money given to her by her father was invested in the purchase of the vehicle.

For lack of evidence, the court refused the defendant and ordered her to pay the plaintiff half the cost of the car. Even the defendant’s statements about the minor child living with her did not play a role. The court decided that the rights of the child when dividing the car between ex-spouses into equal shares are not infringed.

Pitfalls of the procedure

The process of dividing a car during a divorce has some pitfalls. The main danger after a divorce is that the spouse using the car may sell it and hide the real value .
To avoid fraud, you must immediately after the divorce ask the court to seize the car. Thus, all sales and exchange transactions will be prohibited until the partition is completed. Nevertheless, judicial practice knows many cases of dividing a car after a divorce.

To avoid disputes regarding the cost of the car, it is necessary to conduct an expert assessment. Having identified the real price of the vehicle at the moment, the spouse left without it will receive fair monetary compensation.

INUSTA

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Practice. We will appeal the district court's ruling. car division after divorce.

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Article tags:

To the Moscow City Court (through the Golovinsky District Court)
Plaintiff: Ivanov I.A.
correspondence address: 117623, Moscow, st. _, no. 4, apt. 120, tel. (495) ___ actual place of residence: 127276, Moscow, st. , building 7, apt. registered: city. Irkutsk, st. Bazhova, 9, apt. 7 Defendant: Ivanova A.I. registered: 125171, Moscow, st., building 8, apt. address for additional notice: 109156, Moscow, st. , house, apt. 79, telephones: cell, home

Private complaint
against the ruling of the Golovinsky District Court dated.

The plaintiff filed a claim with the defendant in the Golovinsky District Court for the division of jointly acquired property.

Date The Golovinsky District Court issued a ruling, which left the claim without movement. The court determined that the statement of claim did not comply with the requirements of the law. The court considered the defendant’s failure to provide an assessment of the car purchased during the marriage with the defendant, the division of which was in dispute, as a flaw in the claim. It is proposed to correct the deficiency by August 10, 2011.

At the reception, the judge explained that he meant the report on the value of an independent appraiser.

This definition is illegal, which is confirmed by the following.

In accordance with Art. 131 of the Civil Procedure Code (Part 2, paragraph b) the statement of claim must indicate the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;

The submitted statement of claim contains an indication of the cost of the claim (RUB 260,000) and a calculation of the cost of the claim. The statement of claim indicates both the purchase price and the current market price of the car purchased during the marriage, as well as the grounds on which the plaintiff considers this market price. Thus, the plaintiff presented printouts from the website cars.auto.ru about sales of cars of this brand with similar operating characteristics and age of the cars, as well as indicating sales prices.

The need to provide any other assessment of the car, including in the form of an appraiser’s report, is not provided for by either Articles 131, 132, 136, or other articles of the Civil Procedure Code.

Moreover, by virtue of the provisions of Chapters 12, 14 and 15 of the Code of Civil Procedure of the Russian Federation, the court does not have the right, at the stage of accepting a statement of claim for court proceedings, to evaluate the evidence presented by the plaintiff and determine its sufficiency. The assessment document is one of the evidence in the case and in accordance with paragraph 2 of Art. 67 of the Code of Civil Procedure of the Russian Federation does not have pre-established force for the court.

In addition, the plaintiff indicated that the sale of the car was made by his ex-wife to a person unknown to him, where the car is currently located is not known to him, the ex-wife does not show him the purchase and sale agreement for the car, and does not inform him about the details of the transaction. This circumstance excludes the possibility of contacting any specialists to evaluate the car and evaluate it.

The illegality of the requirement to submit an assessment report at the stage of accepting a claim is also confirmed by established judicial practice. Thus, canceling the ruling of the lower court to leave the statement of claim without progress, by the Determination of the Moscow City Court dated June 17, 2010 in case No. 33-17538, the court stated:

“Leaving the statement of claim without progress, the court proceeded from the fact that the plaintiff’s statement did not comply with the requirements of Art. 131, art. 132 of the Code of Civil Procedure of the Russian Federation, since a report on the assessment of the value of the disputed property and documents confirming the fact of acquisition of property during the marriage were not submitted.

Meanwhile, from the contents of the statement of claim it is clear that it indicates the cost of the property acquired jointly with the defendant. During the consideration of the dispute, the plaintiff is not deprived of the opportunity to present evidence of joint acquisition of property, if any. Leaving the application without progress on the above grounds cannot be considered correct; it led to a violation of the plaintiff’s rights to go to court for protection of the violated right in accordance with Art. 3 Code of Civil Procedure of the Russian Federation."

Canceling the ruling of the lower court to leave the statement of claim without progress by the Determination of the Moscow City Court dated June 17, 2010 in case No. 33-18065, the court indicated: “The need to carry out in the case at this stage the process of assessing the real estate in respect of which the dispute has been declared, the court was not motivated taking into account the above circumstances and in the presence of the possibility provided for by the civil procedural law to recover state duties from the plaintiff in the future in the final amount if there are grounds for this.

Under such circumstances, the judicial panel cannot recognize the ruling of the court of first instance as legal and justified; it is subject to cancellation as a ruling without taking into account the factual circumstances of the case, the provisions of the current procedural legislation and in violation of the procedural rights of the plaintiff.

According to the requirements of Art. 374 of the Code of Civil Procedure of the Russian Federation, this issue is subject to transfer to the same court for a new consideration, taking into account the above.”

Canceling the ruling of the lower court to leave the statement of claim without progress by the ruling of the Moscow City Court dated

dated June 15, 2010 in case No. 33-17248, the court indicated: “Leaving the application of the CIJSC without moving,” the court proposed to present additional evidence, including an estimate of the cost of restoration of T.’s vehicle, the registration plate, taking into account the wear and tear of those being replaced in the process parts repair.

It is impossible to agree with this basis for leaving the application of the CIJSC without progress.

According to paragraph 1 of Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

According to paragraphs. 5 p. 2 art. 131 of the Code of Civil Procedure of the Russian Federation The statement of claim must indicate the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances.

According to Art. 148 of the Code of Civil Procedure of the Russian Federation The tasks of preparing a case for trial are: presentation of the necessary evidence by the parties and other persons participating in the case;

In addition, written evidence may be presented directly during the consideration of the case on the merits. (Article 181 of the Code of Civil Procedure of the Russian Federation).

Under these circumstances, the determination is subject to cancellation.”

Based on the above, as well as articles 131, 132, 371 - 374 of the Civil Procedure Code of the Russian Federation,

1. Cancel the ruling of the Golovinsky District Court of Moscow from the date of leaving the statement of claim _ to _ for the division of jointly acquired property without movement.
2. I request that this complaint be considered in the absence of the plaintiff.

Plaintiff's representative by proxy ________________ (lawyer)

How a car is divided during a divorce and after it, judicial practice

Any property that was acquired during the marriage can be divided between the spouses. Let's try to figure out how a car is divided in the event of a divorce.

Features of the division of a vehicle in a situation of divorce

So, first we need to resolve the question : is a car purchased during marriage a joint property ?

Family law has established a rule according to which any property acquired by persons in an officially registered marriage is joint, that is, the ownership of it is divided between the spouses in half in equal shares.

A car that was purchased as a marriage is no exception. This means that during a divorce, the car is divided between the spouses in half, like any other jointly acquired property.

Of course, it is obvious that it is actually impossible to divide a car into two equal parts, and therefore judicial practice has developed several options for division:

• One of the spouses receives ownership of the car, and the second spouse must be paid compensation in the amount of half the cost of the vehicle;
• One of the spouses receives ownership of a car, and the second another valuable object, which was also acquired during the marriage;
• The car can be sold by the owners jointly, after which the spouses will divide the shares of the sale among themselves.

Please note that the law does not always allow car division in the following cases:

1. The vehicle was gifted to one of the persons who was officially married;
2. Ownership of a car arose as a result of inheritance rights;
3. The car was purchased, albeit during the marriage, but with funds received as a gift by one of the spouses or with funds received by inheritance.

Car sharing agreement

The law does not prohibit the division of property on the basis of a voluntary agreement concluded between former spouses.

Such a document must contain the following information:

• Information about the parties (personal and passport data are indicated);
• Information about the car that is subject to division;
• Information about the conditions under which one of the spouses is going to leave or transfer the existing car;
• Information about the order in which the parties intend to fulfill the terms of the agreement (where and when the transfer of the object of the agreement will take place);
• Information about the date and place of the conclusion of the compilation.

Please note that it is recommended that such a document be notarized.

How to divide a car during a divorce (or after), if it is registered in the name of a husband or wife

The legislator provides two ways of dividing joint property, including a car that was purchased during marriage and registered in the name of one of the spouses:

1. By drawing up a settlement agreement. To do this, the ex-husband and wife need to agree on what exactly will remain the property of each of them. After this, they should draw up an appropriate agreement and have it notarized.
2. By filing a claim in court. In this case, the dispute will be resolved based on a court decision.

Please note that the parties have the right during the trial to enter into a settlement agreement, which will be approved by the court if it does not contradict the law.

If the car is sold before the divorce, will it be divided?

The owners can sell the car even before making a decision to dissolve the marriage relationship. In this regard, the question arises: is it possible to divide the funds received between spouses in the process of dividing property?

The answer is yes they can. To do this, it is necessary to indicate in court that the family had a car, which was subsequently sold.

However, you should pay attention to some subtleties:

• First of all, it will be necessary to confirm the fact of purchasing the vehicle precisely at the time of the existence of an officially registered marriage relationship;
• Remember that, as a rule, the purchase and sale agreement indicates a lower price than the one for which the car was actually transferred. When the value specified in the agreement is not known to the plaintiff, he can contact an independent appraiser.

The car was bought before marriage, sold after marriage, is it possible to divide the funds received?

If a spouse owned a car before the marriage was registered, then this car will not be considered jointly acquired property, and division in this case is not allowed.

In accordance with this, even after a sale during marriage, the second spouse does not receive ownership rights to this income, which means that the income from the sold car cannot be divided during the divorce process.

Donated car

As previously noted, the status of joint property can arise only in the case when it was acquired during marriage, at the expense of family funds.

In cases where a car was gifted to one of the spouses or he was given funds to purchase property, then the regime of common property does not arise; accordingly, the car that the wife or husband acquired on the basis of a gift will be considered only as the personal property of each of them.

If the car is on credit - how to divide it upon divorce

The division of a vehicle on loan has several features.

First of all, it should be noted that the unpaid debt on the loan obligation due to the purchase of a car must be divided between the spouses in proportion to the shares that they received.

In this regard, if ownership is transferred to one of the former spouses, the second will have to receive such compensation, the amount of which will be reduced by half of the loan obligation.

Additionally, it should be noted that when the share of one of the spouses passes to the other, the latter will have the obligation to contact the banking organization to change the creditor in the agreement.

In this case, the banking organization may offer one of the following options:

• Make a one-time payment of the remaining loan obligations;
• Re-register the agreement to the new owner;
• Conclude a new loan agreement with the involvement of the sole owner as the main borrower.

It is recommended that in order to avoid problems when dividing a loan car, even after a divorce, jointly fulfill the monetary obligation, and after repaying the loan, divide it between each other.

Division of a car in court

In cases where the spouses were unable to reach an agreement amicably, the division of the car occurs by filing a claim with a judicial authority.

The claim is filed at the place of residence of the person who is the defendant in the lawsuit.

Which court to file a claim in order to divide the purchased car can be determined based on its value.

So, if a car costs less than 50,000 rubles, then resolving the dispute falls within the competence of the magistrate’s court.

In cases where the cost of the car exceeds the specified figure, the consideration is carried out in the district court.

Statement of claim for division of a car between spouses, how to draw up, sample

In order for the judicial authority to consider the dispute, the applicant must file a corresponding statement of claim.

In this document, reflect the following information:

• Name of the judicial authority;
• Information about the plaintiff and the defendant;
• Cost of the statement of claim;
• Information about when and by what authority the dissolution of the marriage union was carried out;
• Information about the car that must be divided in the trial, including information about the make of the car, its license plate number, color, model, information about the body number, as well as information about the place and date of purchase;
• Information about the person to whom the car is registered;
• Information about the cost of the car;
• Date of document preparation and signature.

A sample document of a statement of claim for the division of property can be downloaded from the following link.

Judicial practice on car division after divorce

Judicial practice in cases of division of a car caused by divorce:

• The plaintiff went to court with a demand for the division of a car that was acquired during a marital relationship, the cost of which is 348,000 rubles. During the trial, the defendant filed a counterclaim for compensation for half of the cost of the vehicle. The court satisfied both demands, obliging the plaintiff to pay compensation to the defendant in the amount of 174,000 rubles.
• The plaintiff applied to the court with a demand to divide the car, which was registered in the name of her husband, for the purchase of which family funds were allegedly used. However, during the trial, the defendant was able to prove that he received ownership of the car on the basis of his father's will. The court rejected the plaintiff's demands.

Conclusion

So, the process of dividing a car after divorce has its own characteristics, which the parties are advised to familiarize themselves with in advance in order to choose the most profitable method for themselves.