Agreement on the division of property of spouses: sample. Agreement on the division of property of spouses: how to make up?

Not always in life everything ends in fairy tales. Not all couples live for a long time, happily and do not part, until death part them. On the contrary, life circumstances in marriage often develop much more prosaically. And as a result, the relationship is exhausted, people are divorced, and then the traditional division of property is at stake. Hence, there are problems, hassle and endless "walking through the agony". To avoid all this, you can prepare in advance the agreement on the division of property (a sample of it you will find below) and other joint assets.

What is a marriage agreement?

The agreement on the division of joint property is a kind of bilateral agreement of the spouses on the mutual division of the acquired or before it movable or immovable property. It can be either oral or written.

Why is it important to conclude an agreement in writing?

But, knowing that in our modern life, trust is a kind of shaky and unstable concept, ideally an agreement should be concluded in writing. To do it correctly you will be helped by the established sample. The agreement on the division of spouses' property, filled in by template and signed by both parties, can further facilitate the process of property division.

The verbal agreement, of course, speaks of mutual trust, but it has no legal force. Therefore, if you do not comply with it, you will not be able to prove anything.

At the same time, a written agreement on the division of common property, if you wish, can be made in a standard free form (for example, written by hand and simply sealed with your signatures), and printed on a computer and sealed with a notary seal and signature.

What is prescribed in the agreement on the division of property?

Since the Family Code does not have clear requirements for the text and paragraphs of the property sharing agreement, both spouses can make their own terms when drafting it. The main thing is that they do not violate the current Russian legislation and are legitimate. Therefore, it is recommended to take as an example the agreement on sharing the property of spouses, drawn up with the help of a professional lawyer. However, if it is unrealistic to fulfill this idea for financial or other problems, perform the drafting of the agreement collectively (together with the spouse or spouse).

Nuances of registration of the agreement on the division of property

Prescribing an agreement on the division of hereditary property, pay the utmost attention to detail. For example, if you plan to divide all valuables, including cups and plates after divorce, it needs to be added to the contract. If the division of property touches only the most expensive and large objects, this also needs to be emphasized. Moreover, the more you describe the division of land, real estate and other assets, the easier it will be for you to share the acquired good after parting.

What do you need to consider when drafting an agreement?

The division of property by agreement provides for an equivalent (or close to that) division of common real estate and other values between spouses. Therefore, when writing a contract, it will be legally correct to indicate the following points:

• Share division of residential and commercial property;
• Division of suburban and suburban areas, garages;
• Division of cars, yachts, motorcycles, etc .;
• Distribution of the percentage in business (transfer of shares of companies, shares);
• Transfer of deposits in banks, deposits, valuables, stored in financial institutions (in banking cells) ;
• Section of other valuables and savings.

In this case, it should be emphasized that the division of property between spouses (the agreement takes into account all these nuances) falls under the Federal Law on Standard Transactions. This means that for greater reliability, both spouses must officially register their rights to real estate (which is due to each of them after the divorce). At the same time, for each registered object you will need to pay a state fee, which is approximately 1000 rubles per object.

In addition, your sample (agreement on sharing the property of spouses) should remain with you, and the contract of your second half - he (her). Those. It is better to conclude the agreement in duplicate.

When should an asset sharing agreement be concluded?

The agreement on the division of property, as experts say, can be concluded at any time of the marriage relationship. For example, at the time of the marriage union or during the period when the spouses have already lived for some time in the marriage. It is interesting that some couples enter into a property sharing agreement, but during the divorce process they suddenly change their mind, again converge. In this situation, as in insurance, there is no insurance event. Consequently, all remain with their property, acquired in marriage, without its division. Conclude the agreement, both spouses also have the right and after the divorce.

What is the similarity and difference between the agreement on the division of property and the marriage contract?

If you do not keep abreast of legal terms, it is easy to confuse the agreement after the dissolution of the marriage and the marriage contract. These documents, in fact, have some common features. So, for example, they are concluded in writing and signed by both spouses. In addition, they prescribe issues of a family nature, which are regulated by the Family Code of the Russian Federation. And, of course, both of these documents are intended to decide the fate of joint property of spouses after their official separation by peaceful means.

However, they also have a number of differences, among which are the following:

Sample: agreement on sharing of spouses' property

In order to correctly fill the agreement, you need to know which items should be present in it. Like any written agreement, this document contains a "cap". In it, as a rule, the city (in which the agreement is drawn up) and the date, as well as the parties to the agreement, are indicated.

Further, the subject of the contract is prescribed , as well as property that is owned by both spouses at the time of writing the agreement. Here it is best to indicate:

• The name of the goods, household appliances and other assets, indicating the date of acquisition and the amount;
• Date of conclusion and dissolution of marriage (with the appendix of the certificate of marriage and divorce).

The third paragraph of the main part of the contract usually describes the conditions for the division of property. For example, "Party 1" in the person of such someone in the event of a divorce receives a "Sony" tape recorder, serial number 72548ES, a car and 50% of the shares in the company "Brooms and Sovki".

In the fourth paragraph, the conditions are mentioned when transferring property to property (from one person to another). For example, "Party 1" receiving a country house, located at Moscow, ul. Academician Korolev, 12, undertakes to conduct his privatization in three days.

The fifth paragraph describes that property that can not be divided. For example, if the apartment was donated by the bride's parents directly to her name. This item, in order to avoid further misunderstandings and troubles, must be agreed in advance. Recall that after the divorce, each of the family members (spouse or spouse) has the opportunity to claim the property for 3 years (from the dissolution of the marriage).

The sixth point is not mandatory, but it can be entered into the agreement. It prescribes the procedure for the entry into force of the agreement. In particular, the agreement may enter into force from the moment when both parties sign it, or after the dissolution of the marriage.

The seventh (final paragraph) refers to the number of copies of the agreement, as well as the persons from whom they will be found. In conclusion, both sides put their signatures. If desired, this document is attached by an additional signature of the notary.

When the property sharing agreement can be terminated?

The agreement, like a marriage contract, can be terminated by the parties by a court decision. For example, if one of the parties is recognized by the competent authorities as mentally unbalanced, i.e. At the time of signing the agreement, she did not control herself and did not realize the whole essence of the contract she signed, if the terms of the agreement are knowingly impracticable (they put one of the parties in a difficult financial position), etc.

In short, the agreement is a useful document that will help you to divide peacefully the property acquired in marriage in equal parts without trial.