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Division Of Property Between The Spouses (a Russian Citizen And A Citizen Of A Foreign Country) According To The Russian Legislation

Division of Property between the Spouses (a Russian Citizen and a Citizen of a Foreign Country) according to the Russian Legislation

A Couple’s Property in Russia

After a marriage registration, the spouses acquire property either from the joint family budget or from their personal funds. This can be a car, an apartment, a country-side cottage, etc. If the spouses wish to divorce, the question of dividing the jointly acquired property will be inevitable. This situation can be complicated with such related factors as the different nationality of the spouses and the location of the property in various countries. In this article, we will focus on the division of the marital property on the territory of Russia.

In that case, if one of the spouses is a Russian citizen and the other spouse is a citizen of a foreign country, and if the disputed property is located on the territory of Russia, the statement of claim for the partition of the property shall be filed in Russia. Moreover, even if part of the property was purchased overseas, then the statement of claim can still be filed according to the location of the property in Russia and in this statement, you can put a question on the division of the property, including those abroad.

The Common Rule Is That All Property Bought in Marriage Can Be Split

Generally, all the property purchased in marriage and titled on one of the spouses shall be divided. The key word in this sentence is “titled on one of the spouses.” Even if the money for the purchase of a property is given as a gift to a husband by his parents, however, if that spouse acquires an apartment on the donated money, this apartment will belong to both spouses.

Exceptions to the Rule

However, any rule has the exceptions. The personal belongings of each spouse are impartible. For example, a toothbrush, some personal hygiene items, etc. Impartible are the things the spouses received during the marriage by the unilateral transaction. For example, the property obtained as a donation, inheritance, etc. In any case, a spouse always has the opportunity to protect his/her right of ownership by filing the statement of claim on the recognition of the ownership right of the disputed property. In other words, the Russian law is very flexible and variable.

Methods of Property Division

Generally, all the property purchased during marriage shall be divided in half between the spouses. There are two variants of such division.

  1. Each spouse shall have the ownership right of 1/2 share of the property. For example, a former husband and a former wife admit ownership of 1/2 share of the apartment;
  2. The property ownership right shall be recognized only by one of the spouses who is obliged to pay 1/2 share of the awarded property. This is the way how vehicles are divided;

The statement of claim for division of property is filed at the location of the property. If the total value of the property is less than 50 000 rubles, the statement of claim is filed to the relevant magistrate’s court. If the total value of the property is more than 50 000 rubles, the district court shall consider the case.

We have overviewed the main points of the division of the joint property on the territory of Russia. This article is provided for reference purposes only. For more information please contact us at the contacts specified on our website.

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