Division of marital property during divorce in 2021


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Vladimir Mayakovsky's poem “Good” consists of 19 small chapters. But each is a separate episode from the life of the Russian people, both on the eve of the October Revolution, during the revolution itself, and after it.

At the very beginning of the poem it is explained that in this place there was a monastery in which such and such events took place. More precisely, dilapidated buildings are still preserved, but there are no monks, only the last old man here takes care of many graves.

Janson Tove is a Finnish writer who wrote in Swedish. She was also an artist. At the age of 15, Janson went to study in Sweden

In the gymnasium days of my youth, one incident happened to me. In the lessons, in addition to teaching subjects, we were also taught how to hit the target and march. All my comrades shared food with the dog, bringing it from the dining room.

There is a war with the Germans in the Mozdok steppe. The main character of the work is a mortarman - a fighter. The guy was 18 years old. In the camp he carried out important assignments.

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T.E. Aleksina - true friend

and to my assistant -

The hearing of the case was scheduled for twelve o'clock... And I ran at eleven in the morning to talk with the judge in advance, to tell her about what only I knew in detail. The people's court was located on the ground floor and seemed to be the above-ground foundation of a huge residential building, made of convex gray stone. “In all his apartments,” I thought, “people live and communicate who probably have nothing to judge for... But many need to be judged. And in time, so that later you don’t have to find out the truth on the first floor, where near the door, on the glass with whitish islands, it was written: “People’s Court.”

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Everyone perceives the surgical operation that he has to endure as perhaps the first in the history of medicine, and he thinks about his death as the only one in the history of mankind. The trial, which was scheduled for twelve o'clock, also seemed to me to be the first trial on earth. However, two hours before, the hearing of another case began. Something similar. But only at first glance, because that day I realized: legal proceedings, like people’s characters, cannot be twins.

The room, which was called the meeting room, was overcrowded. Through a crack in the door, plastered with notices and orders, I saw a judge sitting in a pretentiously high chair. She was about thirty years old, and her face did not show the greatness of a person who decides the fate of others. Bending over her ceremonial table, like a schoolgirl over her desk, she looked at the long, thin man, as if squeezed out of a tube, who stood with his back to me, with childish bewilderment and even fear... Although for me she herself was a person with a frightening position.

The people's assessors were not visible through the narrow gap. Suddenly the door swung open, and a young, plump woman with such a sore face fell out into the corridor, as if she was the main character of everything that was happening in the hall. The woman hit me with the door and didn't notice it. With finely trembling fingers, she pulled out a cigarette, broke several matches, but finally lit a cigarette, tightly plugging the newly formed gap. She smoked into the corridor, and with her ear and eye, like magnets, she attracted everything that happened behind the door.

-Who is being judged there? – I asked.

The woman didn't answer me.

“Mom, understand, I want everything to be according to the law, in fairness,” came from the hall through the crack the too loud, disbelieving voice of a man squeezed out of a tube.

There was a pause: the judge probably said something. Or mom, whom he called “you.”

- What's there? – I turned again to the woman with a sore face.

She didn't hear me again.

On the street, the fading summer did not want to look like autumn, like a person of retirement age who did not want to go on a “well-deserved rest” and was trying his best to look younger.

In my favorite novels of the last century, mothers were often called “you”: “You, mamma...” There was nothing unnatural in this: each time has its own fashion for dresses, hairstyles and manners of communication. In the villages, I knew, mothers are still called that way: there it is more difficult to part with customs. But in the city this “you” always seemed to me incompatible with the age, an aloofness masquerading as respectfulness and delicacy.

“According to the law, according to justice...” – I heard similar words quite recently from other lips. Most often, I noticed, they are used when they want to stand against justice: if everything is fine, why shout about it? We do not admire the fact that blood flows in our veins and our heart beats in our chest. Now, if it starts to fail...

It was somehow uncertain outside, not seriously, but it was still drizzling. I returned to the corridor and again approached the woman, who seemed to have turned into some kind of recording device.

– There will be a break soon, don’t you know? – I asked, because there was no one in the corridor except her.

She looked away from the crack and shouted to me in a whisper: “Don’t interfere!” – as if I were present at a concert of a great pianist and was afraid to miss even one note, even one bar.

“Surely it should be soon,” I decided. “And we can talk, consult…”

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I spent the whole night rehearsing my conversation with the judge. I came up with phrases that I hoped, having heard from me, she would remember and repeat during the trial.

But the conversation dragged on, and I, like a student before the exam door, again began to memorize facts, arguments and dates. They imperceptibly stretched into a tape of memories - not only my own, but also those of others, which were repeated so often in front of me that they also became mine.

I knew that before there were “family estates”, “family foundations”, “family nobility”...

And I had a birth trauma. The obstetrician was momentarily confused and hesitated. And in my head, which had not yet had time to think about anything, a hemorrhage occurred, but, as one of the doctors who treated me said, while consoling my mother, it was “of a limited nature.” My character was “limited,” but abnormality took hold of my entire body and became universal. Unfortunately, I don’t have any personal impressions of that first day of my life. But the story of my illness went down in history: not because I got sick, but because I was eventually cured. This was a unique case. And my infantile cretinism even ended up in textbooks. There are many ways to become famous!

I was in awe of doctors. With ingratiating hope, she looked into their eyes... But more than once I thought that like this, on one awkward movement of the midwife, the whole human life depends: Mozart will not become Mozart, and Surikov or Polenov will not be able to hold a brush in a hand that does not obey reason. And mere mortals like me will be sentenced to eternal suffering. Because of one awkward movement of a person who has no right to such a movement, because even more than a judge, he determines the future human life, and in the event of a momentary mistake, he pronounces an undeserved sentence on everyone involved in this life.

Unlike normal children, I did not crawl and generally did not show the slightest inclination to “change places.”

This was noticed at the very moment when my grandmother was getting ready to get married.

"First and last!" – the sixty-year-old groom called her.

“He fell in love with me when we were barely seventeen,” my grandmother later told me. “But there was nothing between us.”

Agreement on division of marital property

Drawing up a notarial agreement between those divorcing can significantly facilitate the process of dividing property. It helps determine the shares of the wife and husband in jointly acquired property on mutually beneficial terms.

Important!

It is necessary to have the contract certified by a notary. Without this, the document has no legal force. Moreover, in such a document all issues related to the property must be resolved, otherwise the notary will not certify this document and it will not have sufficient significance during the process.

After the spouses have discussed the details of the division of property, they need to visit a notary with the following package of documents:

— purchase and sale agreements;

— all sales and cash receipts;

— documents confirming ownership;

— certificates of registration of property rights;

— PTS (if we are talking about a car) and other documents;

- passports of husband and wife.

The cost of notary services for concluding a voluntary agreement on the division of property is 0.5% of the valued property + 5 thousand rubles. with the right to transfer ownership or 10 thousand rubles. without the right to transfer ownership.

You should not prepare the agreement document yourself. It is drawn up by a notary on a special form; the spouses are only required to present their wishes regarding the subsequent ownership of the property.

Summary – Division of property – Aleksin

A. Aleksin - story “Division of Property”. In this story, the writer raises the problem of spiritual callousness, alienation in family relationships, and ingratitude of children towards their parents.

The main character Vera was a child with a birth injury. Grandma Anisya came out and practically put her on her feet. For the sake of her granddaughter, she sacrificed her personal happiness, peace of mind, and devoted her entire life to her. It is this heroine who carries within herself kindness, love, inner strength, wisdom, and readiness to help. Verochka’s mother is the embodiment of practicality, firmness, strong will, and selfishness.

She worked as an ecologist, but “while fighting the poisoning of nature, she did not admire nature itself and did not notice its beauties.” Mom was called a “strong specialist.” She never changed her points of view, and the “golden braid” served as a symbol of her inflexibility. Verochka’s father was a soft, weak-willed man; he worked as a tour guide at the museum. Over the years, he “bent down”, began to speak in a low voice, and obeyed his wife in everything. The parents treated their daughter condescendingly, considering her a sick child. Grandmother treated her as a normal, full-fledged person, and gradually Verochka began to recover.

Verochka loved her family very much. But events occurred that made her look at her family differently. So, the family decided to take in their grandmother’s sister, Aunt Manya, who was sick. Verochka and her grandmother went to the village, but they were too late: she had already been buried. For some time they remained in the village, living there, not daring to inform Sofya Vasilyevna, Verochka’s mother, about everything that had happened. But then a letter came from Sofya Vasilievna in which she asked her grandmother not to bring her sick Aunt Manya to them. And Verochka experienced severe disappointment: “Mom dealt a blow to my faith that people pay back kindness for good.”

In the future, the confrontation between mother and grandmother in the story increases. The heroine goes to study at a normal school, she is assigned an essay “The Main Person in My Life.” And she dedicates it to her grandmother, whom she calls mother Asya. Sofya Vasilievna is jealous of her daughter’s mother-in-law; she does not want to share Verochka’s love with anyone. In the end, the parents want to leave the grandmother, they start a lawsuit, and a “division of property” occurs. It is in court that Verochka hears the words that “sueing her mother is the last thing.” The heroine Aleksina herself thinks the same way. She leaves her parents a note in which she identifies herself as part of the property, the one that “legally goes to grandma.”

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The story ends tragically. Grandmother leaves for her native village to die. She does not want to interfere with the life of her son and daughter-in-law, although she cannot imagine her existence without Verochka. The girl becomes seriously ill again, we understand that she is now doomed to disability.

Thus, the author tells us that we must learn empathy and compassion, learn to be grateful and sensitive. Children should not be selfish, callous, or indifferent towards their parents, as this inevitably leads to tragedy and irreparable consequences.

Procedure for drawing up an application

The claim is submitted to the court office. There are no special requirements for filing a claim for division of property. The courts are guided by Art. 131 – 132 Code of Civil Procedure of the Russian Federation. Please indicate the name of the court first. Then personal data and information about the defendant.

Describe the circumstances of the case: when the marriage was concluded and dissolved, whether there are children, with whom they live. Next, list the disputed property indicating its price. If agreements were signed, please attach them too. The next part is the requirements themselves and their rationale. At the end there is a list of attached documents and evidence, then a signature and date.

Summary Aleksin Division of property

The main character is the girl Vera, who recovered from a birth injury. The girl lives with her parents and grandmother, her father's mother.

The girl is very attached to her grandmother, Anisia Ivanovna, because she took care of her during her illness. For the sake of her granddaughter, she left work and devoted all her time to her treatment and upbringing. “Mama Asya,” as Vera called her, always supported the girl.

Vera also loves her mother, Sofya Vasilievna. However, the girl does not feel any warmth from her. Sofya Vasilievna – environmental protection specialist. She is strong-willed, practical, confident.

All friends admire Vera’s grandmother, calling her a “kind genius.” Mom doesn’t like that her mother-in-law occupies a significant place in her daughter’s life. And after Vera’s school essay, in which she assigns a central role to her grandmother in her life, her mother decides to leave. A weak-willed father only supports his wife in this matter.

Verochka is very indignant when she learns about this. The girl makes a moral choice - to stay with Anisia Ivanovna. Vera decides to become a witness for the division of property. At the trial, Vera's father asks her grandmother to agree to the division. The judge is sincerely indignant, not understanding how you can sue your own mother.

The girl is unable to talk to the judge and become a witness. The father finds his daughter and tells her that there will be no division. When they come home, grandma is no longer there. She left for the village. Vera becomes hysterical; she realizes that her grandmother has left to die. The father tries to calm his daughter down, but now it is useless.

In this story, Aleksin shows how destructive jealousy is. Dividing property is common. Due to conflict, people forget about family values, a sense of duty to loved ones, and human relationships.

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How a claim is processed

State your claims as clearly as possible. The judge will not determine the shares if their size is not included in the claim for the division of property of the spouses after a divorce. The court reviews the evidence and evaluates the documents you provided. When filing a claim, it is important to accurately formulate and prove your claims. Do not claim property unless you can prove it is yours.

(form)

Legal documents

  • Article 131 of the Code of Civil Procedure of the Russian Federation. Form and content of the statement of claim
  • Article 132 of the Code of Civil Procedure of the Russian Federation. Documents attached to the statement of claim
  • Article 333 of the Tax Code of the Russian Federation. Features of maintaining tax accounting of income (expenses) on repo transactions
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