What are the proceedings of division foreign property between spouses?
If spouses purchased foreign property during marriage, then this property becomes a jointly acquired property. Spouses have the equal rights to this property in spite of the fact that the property was purchased not in Russia, and in other country and even if it is registered only for one spouse.
So, the foreign property of spouses is a jointly acquired property of spouses and is subject to the division equally, however process of the division is complicated by international law and the Russian courts appears of questions about which I will tell you this video.
Whether it is possible to divide jointly acquired foreign property in Russian court?
You can submit to Russian court, for the division of foreign property in the following cases:
Situation No. 1: both spouses live in the territory of the Russian Federation, have citizenship of the Russian Federation.
In a situation when both spouses live in the territory of the Russian Federation, and the property is in the territory of other state – one of the spouse can submit a claim for the division of a jointly acquired property as the defendant is in the territory of Russia to Russian court, and the claim in itself for the division of foreign property is not within the exclusive competence of foreign court. (about it it is told in the Overview of court practice of the Supreme Court of the Russian Federation N 3 (2019)" (утв. Presidium of the Supreme Court of the Russian Federation 27.11.2019)
Situation No. 2: one of spouses does not live in the territory of the Russian Federation, but both spouses have a citizenship of the Russian Federation.
Such situation is possible when one of spouses has a second citizenship, or left Russia, but continued to be the Russian citizen. In that case, the rights and duties of spouses relatively jointly of the property acquired in the Russian marriage, will be permitted on the basis of the legislation of Russia.
Situation No. 3: the spouse does not live in the territory of the Russian Federation and he has no citizenship of the Russian Federation, but the last joint residence of spouses was in the territory of the Russian Federation.
Here the last joint residence of spouses if it was in the territory of Russia, then competent authority will be key, for determination of the rights of spouses in jointly the acquired foreign property there will be Russian court.
This rule is enshrined in item 3 of Art. 27 of the Hague convention "about a legal assistance and legal relations on civil, family and criminal cases" (It is concluded in Minsk 22.01.1993).
What documents and proofs are necessary for the division of foreign property?
It is a widespread task which should be solved as the duty to produce the evidence lies on the claimant, the claimant at submission of the claim needs to bring the following proofs into court:
- proofs of marriage (this certificate on marriage)
- proofs of property acquisition in marriage
- proofs of finding of this property at the spouse on the moment of the division of property.
The list of proofs, depends on the nature of property.
For example, to collect proofs of acquisition by the spouse during marriage of events of the European company it will be required to you:
- the statement from the trade register of the country where the company is open. In each state there is such register, for example in Ireland this register conducts CRO - Companies Registration Office Ireland. On the example of the trade register of Ireland such statement is called – Company Printout.
- the financial statement of the foreign company in which the property right of the spouse to events is reflected. On the example of the trade register of Ireland such document is Form B1 – Annual Return
- the statement from the register of beneficial owners also may contain data on shareholding.
We can receive the specified documents from the trade register of the foreign state concerning the company interesting you, or the statement from the register of beneficial owners.
To order obtaining the statement from the trade register of the foreign state concerning the foreign company or the statement about the beneficial owner you can at us, having directed the request.
In what type it is necessary to bring documents on property which are made in the territory of the foreign state into Russian court.
If the document confirming the rights to property was made in the territory of other state, then it has to be apostilled, translated and certified by the notary.
Apostilization of the document is a process of legalization of the foreign document, for its application in the territory of Russia. The essence of an apostille consists in putting down of a stamp of "Apostille" on documents by competent authority of the foreign state.
Apostilization is the simplified method of legalization of the foreign document which is applied in the countries which signed the Hague convention of October 05, 1961 "canceling requirements of legalization of foreign official documents". This convention was signedthe majority of the developed countries.
Putting down of an apostille is the procedure which needs to be executed anyway as otherwise Russian court will not accept your proofs even if they confirm possession by the company.
Transfer and notarial assurance – in Russian court, it is necessary to file documents in Russian. As documents it was created in a foreign language not in the territory of Russia, he should be translated and assured at the Russian notary.
You can order transfer accomplishment from us.
What foreign property can be divided?
- real estate, cars, vehicles
- events, the rights of participation in the company, money on bank deposits, any other financial assets
- the furniture, household appliances purchased in marriage other chose transitories
- salary, income from business and intellectual activity
- jewelry and luxury goods (antiquary, works of art)
What property received abroad cannot be divided?
It will not be possible to divide property which owing to the Art. 36 IC RF are personal property of each of spouses:
- Property which is received by the spouse before marriage
- The presented property, and the property purchased as a result of inheritance
- The target payments connected with compensation of any harm to the spouse
- Personal belongings. Clothes, footwear, and other personal belongings remain with the one who used them.
- Intellectual property items. These are author's rights on works of art, books, songs, movies. If you during marriage became the author of any work of art, then copyrights will remain only yours and will not share with the spouse. But thus it is necessary to understand that income from such activity can be divided.
Lawyer Tarasenko Vasiliy
Should you have any questions or you are in need of legal aid in Russia, do not hesitate to contact us:
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