The story is simple: a man and a woman met, fell in love and decided to start a family. Registry office, weddings, children… It would seem "Happy End". But it was not possible to live long and happily. Constant quarrels, beating dishes and eventually the betrayal of her husband led to divorce. The woman kicked the villain out of the apartment with all his belongings, and he didn't particularly resist. As time passed, the man came to his senses and decided to try to re-establish a relationship with his ex-wife. But his ex-wife did not let him into the apartment, gave the remains of his belongings and changed all the locks in the apartment.
Almost 20 years passed and the man went to court to sue for half of the apartment. He recalled that being married, he once gave his "hundred rubles" to purchase it, and therefore has equal rights with his ex-wife to the apartment.
Here are just a few things the man did not take into account. The statute of limitations has expired. That is why the court refused to award him half of the apartment. What is this magical "statute of limitations" that helped a woman to restore justice?
The statute of limitations is the period within which a person may apply to the court to protect his civil rights or interests.
That is, the period within which a man could apply to the court to recognize the ownership of the apartment is called the statute of limitations.
Therefore, when there is a need to divide the common property, it is necessary to remember that the term for filing a lawsuit is limited.
Duration of the statute of limitations
If the persons are in a registered marriage - the statute of limitations does not apply.
Being in a registered marriage, each spouse can demand to share the joint property at any time. The statute of limitations does not apply to such claims.
A completely different rule applies to persons between whom the marriage is dissolved.
The law sets a statute of limitations of three years for divorced persons.
The beginning of the statute of limitations
The statute of limitations is calculated from the day when the person learned or could learn about the violation of his property rights.
And these two circumstances are completely independent of each other.
Some believe that the statute of limitations begins to run from the date of the divorce. For some time, this position was followed by some courts. However, the higher courts corrected this error.
When dividing the joint property of the spouses, the statute of limitations is calculated NOT from the date of divorce, but from the moment when the plaintiff learned or could learn about the violation of his right to such property.
What is a "violation of the law"? - This is the moment when a dispute arises between the ex-husband and wife regarding this property.
In the case of our spouses, the statute of limitations for the husband began to be deducted when he was evicted from the apartment. It was from this time that he could not use the apartment, which belonged to him and his wife.
Consequences of the expiration of the statute of limitations
The expiration of the statute of limitations is the basis for refusing to satisfy the claim.
At the same time, even if the 3-year statute of limitations has expired, the plaintiff still has the right to go to court and the court will consider his claim.
The court does not apply the statute of limitations on its own, but only if the defendant so requests.
Court may apply the statute of limitations only at the request of the defendant. If the defendant does not ask for it during the proceedings, the court may consider the case and divide the property, even when the statute of limitations has long been missed.
Suspension and renewal of the statute of limitations
Even if the defendant claims that the statute of limitations is omitted, this does not guarantee that the court will reject the claim.
The law provides for several grounds when the statute of limitations is suspended, as well as when the statute of limitations is interrupted.
Also, the plaintiff may substantiate before the court the seriousness of the reasons for the omission of the statute of limitations.
If the court finds valid the reasons for the omission of the statute of limitations, it may divide the property of the spouses after the expiration of these terms.
SO, in any case, do not procrastinate with the issue of division of property after divorce. The more time passes, the less chance there is to share this property.
If the marital relationship has not developed, I advise you to resolve the issue of division of property at the same time as the divorce and it is better to do so with the support of a family lawyer.
Need a lawyer?
This article highlights a typical solution to a legal problem. Your case is individual. If you want to resolve a family dispute quickly and efficiently, seek the help of a lawyer.
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