The procedure for assessing property is regulated by Federal Law No. 135 “On appraisal activities in the Russian Federation”. This article is devoted to the issue of valuing joint property during a divorce that is relevant for many couples.
Do I need a property valuation in the division of the property of spouses?
Divorce is a legal event, the consequence of which is the termination of not only family but also property rights and obligations. In most cases, the divorce process is associated with the division of property.
The procedure for dividing property is governed by the norms of family law (articles 20, 24, 38 and 39 of the RF IC), as well as civil law (articles 252, 254 of the Civil Code) and civil procedural law (if the issue of marital property is decided in court).
At first glance, it may seem that with such a complete and detailed regulation, the procedure for the division of property should not cause difficulties. However, in practice, the husband and wife often face difficulties. The fact is that the claim on the division of joint property is a claim of a property nature. When filing such a claim, it is necessary to indicate the price of the claim, as well as to provide the court with the calculation of the price of the claim (according to Articles 91, 131-132 of the Code of Civil Procedure of the Russian Federation). It is this requirement of the law that most often causes difficulties for the plaintiff.
Why do I need to specify the price of the claim?
In the first place, to calculate the state fee, which is payable when filing a claim (according to article 333.19 of the Tax Code of the Russian Federation);
In the second place, for a fair and proper division between the husband and wife of property in accordance with the shares, and in the case of disproportion of shares – to determine the amount of compensation.
Thus, if the spouses decide to apply to the judicial authority for the division of property, it is imperative that an estimate be made of the value of the jointly acquired property.
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What property is subject to valuation?
According to Article 8 of the Federal Law “On appraisal activity”, all property that can be divided upon divorce is subject to mandatory appraisal.
The range of such property is indicated by the norms of family law (article 34 of the RF IC):
It is not subject to division, and therefore does not require evaluation, the property that is in the individual use of the spouses or owned by the spouses by personal property (if it was acquired before marriage, or in marriage – by inheritance, under a contract of gift, privatization). Not subject to division and does not require an assessment of property belonging to minor children, even if it was acquired in marriage.
How to determine the value of the property?
The division of funds does not cause as much difficulty as the division of another joint property, since it does not require evaluation. Based on this, we will pay more attention to the issue of valuation of movable and immovable property.
For example, the value of an immovable property could be:
Acceptable assessment – self-assessment of the property by the plaintiff. A husband or wife who files a lawsuit can indicate the approximate value of each property object (apartment, car, household appliances) and the total value of the property, on the basis of which the state duty is calculated according to article 333.19 of the Tax Code of the RF. Such self-assessment is allowed by law.
To determine the price of the claim, you can rely on the data on the value of the property indicated by the body of the BTI or the Cadastral Service in the relevant technical, inventory documents.
The court accepts any assessment indicated by the claimant, but in case of a clear discrepancy between the stated price of the claim and the real value of the property, the court will determine the price of the claim on its own.
Desired score – professional and independent assessment conducted by a specialist valuation company. Of course, the services of appraisal companies are not free, therefore, in most cases, spouses independently evaluate the joint property, especially, the law allows it. In addition, it is not always possible to use the services of appraisal companies, for example, if the property, documents are in the possession of the other spouse-owner.
However, if the defendant has objections to the self-assessment of the property by the plaintiff, a mandatory expert assessment may be appointed in the judicial process. Payment for the valuation company’s services is made by the defendant (according to paragraph 1 of article 96 of the Code of Civil Procedure of the Russian Federation).
Thus, we can conclude: the value of the property can be determined by the following persons:
Specialist Appraisal Company;