Therefore, it is very important for many interpretation of the law of Judicial Board on civil cases of the Supreme court of the Russian Federation made upon reviewing the results of litigation between the former spouses. It was about the time the division of property.
There is an unspoken rule, of which many have heard, according to the law, the Statute of limitations for any civil cases is three years. Missed it and lost the right to demand anything.
But at what point begins the countdown of those three years? The explanation of this caveat, the Supreme court will surely prove useful to a great many citizens are saying or wishing to assert its rights.
Our story began in the Krasnodar region. Where the citizen demanded that his ex-wife division of joint property. And it happened four years after the divorce.
the Local courts of first instance and appeal in unison refused to the citizen in his / her claims, stating in the decision that plaintiff “was late” – missed the Statute of limitations.
But the Supreme court explained to his colleagues that they thought the Statute of limitations incorrectly.
the Essence of the litigation was as follows. The couple divorced just a section that has amassed over the years of marriage. In legal terms, from the beginning of the requirement about section of common property of them was not declared. So four years have passed. And then ex-husband came in prikubanskiy district court. According to the suit, a citizen would receive from ex-wife’s 2.4 million rubles compensation for half of their former apartment.
District court, after hearing these requirements, the citizen’s claim was denied. The failure of the plaintiff contested in the Krasnodar regional court. But also to no avail. The appeal only confirmed the first instance decision. Both district and regional courts in unison said – later, the plaintiff recalled his property, all the Statute of limitations passed. In General, before I had to think.
Then the former spouse went to complain further and higher, turning to the Supreme court. There in of Judicial Board on civil cases of the case materials requested, examined and said that in fact the plaintiff is right. On the calculation problems are not his, and local courts.
Your explanation of the Board on civil cases began with what reminded of its resolution of Plenum of the Supreme court (SC No. 15 dated November 5, 1998). It was called so: “About application by courts of legislation when examining cases of divorce”.
In this decree literally says the following: the three-year Statute of limitations when the division of property should not be considered since the termination of the marriage, and the date when one spouse “knew or had to know” about the violation of his rights.
When our hero filed a lawsuit, he said that for a long time was not addressed in court with the requirement about the division of property, because this would not��on the need. But then, years later, quite unexpectedly learned that his right is violated.
And put this violation in the next – a citizen wanted to dispose of his share in a shared apartment, but it turned out that the whole apartment is in pledge at a major Bank.
it Turned out that the owner had no relationship with the Bank, and that, despite this, took a pledge of a portion of another’s property of a stranger.
the Supreme court drew attention to the fact that Prikubansky district court, denying the man even asked, and when it had violated the rights of the plaintiff in the case. After the district court of the Krasnodar regional court has read the arguments of the plaintiff violated the law, but called them “untenable” without explanation. In the end, Judicial Board on civil cases of the Supreme court called the conclusion of judicial instances about the admission the claimant of term of limitation of premature.
Judicial practice shows that disputes about the Statute of limitations when the division of joint property are common. And the Supreme court just reminded the settled judicial practice.
Although he agreed that often occurs with common misconception not only citizens, but also colleagues. It is this: if you wait three years from the date of divorce, then all property will go to those to whom it is registered.
In our case, the local courts have ignored important circumstances which have essential value for a correct resolution of the case. Namely, that in all the years that have passed since the divorce, “the use of the disputed assets was carried out by mutual consent by the former spouse, the plaintiff from his right to share is not refused”.
the Definition of the violation of the rights of the citizen is the most important component in establishing the beginning of the running of the period of limitation. It depends on the specific situation and also from existing evidence in the case. Courts generally start from the date when the plaintiff wanted, but could not exercise their right to marital property, and up to this point are considered to have the parties there was no dispute about use of common property.
Such a long and expensive litigation can be avoided if you simply sign a prenup. Such an agreement may be concluded at any stage of married life. Spouses can agree in advance and to stipulate, before the March of Mendelssohn who gets what if the family boat to break the everyday life.
But not excluded the option, when the marriage contract is signed “Mature” spouses, after decades of marriage and raised children.