Divorce and division of the car between spouses in Russia is solved in the same way as the division of real estate or any other. Under clause #256 of the Civil Code of the Russian Federation, property acquired by spouses during marriage is their community property.
How to divide a car?
The couple applies to court if an agreement on the car division is not reached. By the Civil Law, in the event that one spouse actually uses the car, the other spouse can demand compensation for ½ of the car's market value.
You need to claim to the court for the division of the car as a marital property to demand compensation. The amount of state fee depends on the car value. Attach documents confirming marriage, documents confirming car purchase in marriage and car evaluation.
Can the other spouse take or retain the car and not to share it?
During separation of property the spouses divide everything that belongs to them at the current moment. There is nothing to share if the car is no longer owned by the spouse. But this applies to cases where the car is divided before the divorce.
Is it possible to divide the sold car during the marriage period?
The division of a such car is impossible because the car is already sold. However, if the “deceived” spouse proves in court that the car sale was made without his knowledge, and he did not receive money from the sale, then the court may:
· either declare such a deal invalid and return the car to the family,
· or recover from the one spouse in favor of another spouse ½ of the market value of the car.
Partition of the car after the divorce
If the car belonged to the spouse on the day of the divorce, then it will definitely be shared and it will not be possible to hide it. If the car is sold after the divorce, then the second spouse no longer has to prove the receipt of money. The responsibility of the evidence for money transfer of ½ part to the second spouse in this case falls on the spouse who sold it. In the absence of such evidence, the court will recover ½ the value of the car from the spouse who sold the car after the divorce.
What is car evaluation process during the division of property?
In accordance with the law, the value of a car when it is divided is determined at the time of its division. For this, the spouse defending his rights in court orders an asset valuation of the car from any appraiser. The car appraisal ordered is attached to the claim as evidence of the amount recovered.
Russian Arbitrage practice
Judicial practice shows that the price of sold car it does not matter. The spouse will be charged ½ of the market value. Sometimes one of the spouses indicates a minimum price in the sales contract. For example, instead of the real cost of 1000000 rubles only 10,000 rubles are indicated and then spouse’s position in the court is to give his partner 5,000 rubles (ie ½ of the proceeds).
It’s not the price of sold car, it’s the market value of the car at the moment of its sale is important to Court . If the spouse deliberately underestimated the price in the contract, then he must bear these risks to the second spouse and give him ½ the current market value of the car.
How to seize a car when dividing property?
According to Civil Procedure Law in Russia, when applicant claims for the division of property (a car), he has the right to seize a car as interim measures. Often the respondent tries to deregister the car after learning about the claim for the division of property. The Court makes freezing order on the adoption of interim measures - the arrest of the car, and sends this order to the traffic police for execution. By the time the defendant goes to remove the car from registration, the car will already be arrested. By the time the defendant goes to remove the car from registration, the car will already be arrested.
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