The above information is useful for 95% of cases of determining the value of the property when sharing the common property of the spouses. In other cases, you need to look individually.

Property valuation when considering the division of the common property of spouses in court

According to paragraph 3 of Art. 38 of the Family Code of the Russian Federation in the event of a dispute, the division of the common property of the spouses, as well as the determination of the shares of the spouses in this property, is made in a judicial proceeding. When dividing the common property of the spouses, the court, at the request of the spouses, determines which property is to be transferred to each of the spouses. In the event that property whose value exceeds the share due to him is transferred to one of the spouses, the corresponding monetary or other compensation may be awarded to the other spouse.

From this article follows two options for the division of property of spouses. First: the definition of shares in the common property. Second, the transfer to the spouse of a common thing or other property and compensation to the other spouse for half the value of this thing. In practice, combined.

Property valuation, including residential buildings and apartments, for the payment of state duty in the division of property of spouses

If one real estate object is divided (one apartment, one house, one land plot, etc.), the shares of the spouses in the common property are usually determined. Although if one spouse insists on the transfer of real estate in kind, and the other does not object, then the transfer of the object to him and the payment of monetary compensation to the other spouse is possible.

If shares in the ownership of an object are determined, then real estate valuation is usually not required, because the shares are generally equal.

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If, during the marriage period, several apartments were acquired, it is not advisable to determine the shares of spouses in each apartment. It is more expedient to determine which apartments are transferred to each spouse, and in case of disproportion in the cost of the apartments being distributed, to pay monetary compensation.

The same is possible in other cases when there are several real estate objects: for example, an apartment and a residential building, several residential buildings, several land plots, etc.

In all these cases it may be necessary to estimate the value of the property by agreement of the spouses or by the appraiser.

Some properties may not be of interest to one of the spouses, for example, a garage. In this case, it is also possible to transfer the garage to one of the spouses and pay monetary compensation to the other spouse.

Real estate valuation in case of division of the common property of spouses is possible in two versions.

In the first embodiment, the spouses reach an agreement on the value of the property. For example, one spouse in court claims that a land plot costs 1,000,000 rubles, and the other spouse agrees with this assessment. In this case, the rule of h. 2 Art. 68 of the Civil Procedure Code of the Russian Federation, which provides that the recognition by a party of circumstances on which the other party bases its claims or objections exempts the latter from the need to further prove these circumstances.

In the second variant, the spouses do not reach agreement on the value of the property. In this case, the value of the property is subject to proof. Usually proven by submitting a report to the appraiser.

 

 

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