Civil marriage is a concept that has several definitions in Russia. On the one hand, this is a relationship officially registered in the registry office. Civil is called a marriage union, recorded in the relevant body. Only in real life is such a marriage called ordinary. The second interpretation of the term is cohabitation. That is, the relationship between a man and a woman in which a couple leads a joint life without any registration. Today we will be interested in jointly acquired property in a civil marriage. Next, we consider all possible options for the division and registration of the corresponding property. In this case, by civil marriage, we will first understand officially registered relations, only after that - cohabitation. So it will turn out to clarify the situation from all sides.
Types of property in marriage
Property in a civil marriage is different. Depending on this, the method of dividing property during divorce will change.
At the moment, we can distinguish:
- personal property;
- joint property.
What does each of the terms mean? When and what property can belong to one or another category?
Personal items
How is property divided in a civil marriage? First of all, citizens should understand that the answer depends on what type of property is a potential subject of the section.
Personal property - property owned by each spouse. Only a husband or wife is the master of such items.
Personal property shall be recognized:
- everything that each spouse had before entering into a marriage;
- gifts decorated in the name of the husband or wife;
- inheritance;
- personal items (clothing, shoes, and so on);
- property indicated in the marriage contract as the personal property of one or another spouse.
In fact, obtaining personal property, even in official relations, is not so difficult. Moreover, more and more often spouses are given property according to documents. What is the reason for this?
Personal property of spouses is not subject to division. This is possible only in extreme cases in which such objects will be recognized as joint. We will talk about this a bit later.
Jointly acquired - what is it?
Jointly acquired property in a civil marriage gives spouses a lot of trouble. The thing is that in relation to such property special rules of use, possession and disposal apply.
Joint ownership is all that was acquired by spouses during the marriage (with the exception of personal items). Any purchased thing or property during its stay in a registered relationship is recognized as common. And it doesn’t matter who they are drawn to.
Moreover, a similar type of objects is divided upon dissolution of marriage. How it's done? There are various scenarios. We will meet them later.
It is clear that there is no law on the division of real estate as such. For those who were legally married, jointly acquired property is divided in accordance with the articles of the Family and Civil Codes of the Russian Federation: Art. 245, 130 of the Civil Code of the Russian Federation, as well as Art. 34-38 SK of the Russian Federation.
Manage shared objects
Property acquired in a civil marriage, as already mentioned, has a special legal regime. The thing is that spouses have equal rights to their joint property. They own, use and dispose of property by mutual agreement.
If one of the spouses does not agree on how it is used or what is being done with the common property, he can go to court to protect his rights. For example, in a transaction for the sale of a joint apartment, provided that the husband / wife does not want to put the property up for sale.
The practice of jointly acquired property in a civil marriage shows that initially all legally significant actions with common objects are performed by husband and wife by conditional consent. That is, the spouse may sell or donate the joint property without the permission of the “second party”. In turn, the lack of consent to transactions with joint property allows the "disadvantaged spouse" to go to court to restore their rights.
Personal recognition as common
Jointly acquired property in a civil marriage in Russia raises many questions. Especially when the couple divorced.
As already mentioned earlier, ideally, personal objects are not divided upon the termination of official relations. Under certain circumstances, such property can be recognized as common.
This is possible if:
- the spouse has invested personal or general monetary funds in the overhaul of the facility;
- at the expense of the husband / wife's money, the property was reconstructed.
In addition, you can conclude a marriage agreement. It will greatly simplify the procedure for sharing common property at the time of termination of relations officially registered in the registry office.
Money - what type of property
A lot of questions are raised by the financial side of human life. And marriage is no exception.
Some believe that the money earned by each spouse is recognized by the personal funds of a person. This is not a completely correct statement.
The Family Code of the Russian Federation indicates that money is a joint property. And it does not matter by whom and in what amounts they were earned.
It follows that all open bank deposits, cells and other accounts replenished from earnings are joint property of the husband and wife.
Selling personal property - whose money will be
The next point is the sale of personal property by spouses. Who will be considered the proceeds of the transaction?
By law - general. That is, if in a civil marriage, the husband or wife sells the inheritance or property received as a gift, the funds under the relevant agreements will become joint.
The exception is the situation in which a spousal contract is concluded between the spouses. It may be indicated in it that after the sale of personal property, the proceeds of a transaction are recognized as the property of the person whose property was sold. This is far from the most common occurrence.
Registration of the marriage contract - instruction
The division of property acquired in a civil marriage in Russia can cause many problems for both husband and wife. Especially if they decided not to think about divorcing and sharing property in advance.
In order to ensure the safety and painlessness of the separation of property upon dissolution of the marriage, lawyers recommend that a marriage agreement be drawn up. This is a document that clarifies the property relations of husband and wife. It must not contradict the legislation of the Russian Federation and infringe on the rights of the other spouse.
To conclude a marriage agreement, you can act like this:
- Prepare a series of statements necessary for the operation.
- Make a marriage contract. Corresponding paper can be issued both independently and with the help of lawyers / notary.
- Pay for notarial services.
- Sign the agreement of the established form in the presence of an authorized person.
It is worth paying attention to the fact that in a marriage agreement, spouses can share both acquired property and what will be acquired by the parties in the future.
Documents for the marriage agreement
Property acquired in a common-law marriage is easily shared through a marriage agreement. But what documents are needed to conclude an appropriate contract?
Typically, the parties are required to:
- marriage contract;
- marriage certificate;
- statements of existing property and deposits / accounts;
- passports.
This is where the required certificates end. They will be enough to conclude a marriage agreement. After that, the property regime of the objects in the marriage will be adjusted.
Methods for sharing the general
Interested in jointly acquired property in a civil marriage? The laws of the Russian Federation make it possible to understand how to own, use, dispose and share certain objects. With the right preparation, this is not so difficult.
In Russia, property is divided:
- by peace agreement;
- through a marriage contract;
- in court.
The first option is possible if during the judicial debate the spouses were able to agree. Only in Russia is property increasingly divided by court. This is the most honest and correct way to bring ideas to life. Unfortunately, sometimes judicial decisions seem to be wrong in terms of morality. And therefore, in some situations, it is more profitable to conclude a prenuptial agreement.
Appeal to court in official relations
Next, we consider the process of applying to the judicial authority upon dissolution of marriage. As a rule, if the husband and wife have minor disputes over property (in the amount of not more than 50,000 rubles), you can file for divorce and for the division of property in a magistrate court. Otherwise, to the district.
At the same time, it is worth remembering that it is best to contact the judicial authority upon registration of the defendant. This technique will significantly speed up the process of ending the marriage and sharing property objects.
To go to court, you must adhere to the following algorithm of actions:
- To prepare the papers necessary to prove their position.
- Write a statement of division of property. You can immediately apply for divorce.
- Contact the judicial authority at the place of residence of the defendant. If the location of the spouse is unknown, it is allowed to file a claim at the registration of the plaintiff.
- Wait for a court ruling on the separation of objects between the husband and wife. Usually, for this, the judge sets the meeting, listens to both parties and examines the documents attached to the lawsuit.
- To re-register property in accordance with a court order.
This is where the action ends. Civil marriage joint property allows you to separate in different ways. The main problem in this case will be the preparation of the necessary certificates to achieve the desired goal.
Court Inquiries
To minimize hassle, a person must prepare a specific documentation package. It will depend on the situation in the family.
Most often, citizens need to prepare:
- passports
- statement of claim with its claims;
- documents for property;
- title certificates for a particular property;
- statements on the availability of bank accounts or deposits;
- checks indicating property costs;
- certificate of marriage or divorce (if the couple has already divorced);
- any evidence of their position (photo, video, testimony of witnesses).
All this will help to achieve the desired result, although not always. If the couple has a marriage agreement, it must also be attached to the lawsuit. Otherwise, the judge will not be able to take into account the agreement of the spouses on the division of objects.
If the account is unknown
It is worth paying attention to the fact that it is far from always possible for spouses to share as honestly as possible all that they have gained during the official relations with each other. Why?
In order to share something, you need to prove the fact of the presence of certain objects. For example, a deposit in a bank. He may be secret. And if the court or the spouse cannot prove the existence of this or that account, the money will not be shared on it.
Moreover, if citizens save money in the form of cash, it is possible that one of the spouses will take all the savings for themselves. To share them, you have to prove:
- the fact that spouses have deferred funds;
- use as accumulations of total money.
Accordingly, the rights to property in a civil marriage are not always able to be fully protected. At the moment, there are many ways to deceive a wife or husband in property matters.
Court Peace Agreement
The next scenario is the coming to an agreement on the sharing of common property during the trial. As already mentioned, the parties in such circumstances conclude a peace agreement.
It is made out either at the notary's office, or right at the hearing. The document indicates the principles of the division of certain objects. After signing the agreement, the documentation comes into force. You can contact the registration authorities to renew the property.
Children, property, section
The Russian Family Code states that minor children may own property. At the same time, it does not matter at whose expense it was acquired and how it was received. The main thing is that legally significant transactions do not contradict the current legislation of the Russian Federation.
Unfortunately, children cannot independently dispose of property. Instead, parents do it. That is, mom and dad.
Property held in trust by the parents is not recognized as jointly acquired during the marriage. Therefore, the relevant property will not be divided upon divorce. After the termination of officially registered relations, trust management of the child’s property is carried out by the parent with whom the minor owner of the property lives.
Accordingly, in order not to divide property upon divorce, you can transfer it to a child. Then one or another parent will be able to dispose of the objects, but only with the permission of the guardianship authorities.
Property with matkapital
It is not so easy to divide property in a civil marriage if you do not prepare for the corresponding operation. And therefore, citizens should know how to behave in a particular case.
Increasingly, during marriage, spouses give birth to 2 or more children. For this pair, maternity capital is laid. With it, you can, for example, purchase housing.
It is worth paying attention to the fact that under similar circumstances, each family member (husband, wife, children) is allocated shares in the property purchased with the investment of the mother.
What to do if the couple gets divorced? The property will be divided according to the allocated shares in the property. That is, the wife is supposed to have her part of the apartment, the husband - his.
About foreclosure and compensation
The division of jointly acquired property in a civil marriage is a rather difficult issue. It provides a lot of nuances and features.
For example, if the husband or wife has a sufficient amount of funds, you can go to court and ask for permission to redeem a share of the spouse. Typically, this option is used if the second half has an insignificant share of ownership in an object.
The practice of jointly acquired property in a civil marriage indicates that the redemption of a share is possible not only in court, but also peacefully. In this case, the parties draw up a notarized agreement with a notary, after which the transfer of funds occurs.
Important: the cost of the share will be calculated taking into account the cadastral price of the object.
With a "popular" civil marriage
All of the above principles are relevant for sharing and disposing of joint property of official spouses. Only civil marriage, as mentioned earlier, has a second definition. It's about cohabitation. Next, find out what to prepare for cohabitants in property disputes.
When donating jointly acquired property in a civil marriage (legal), the donor must obtain a spouse's permission for the procedure. Otherwise, the transaction can be declared null and void in court. And what about the roommates?
The thing is that cohabitation, or “people's” civil marriage, is the least protected area of property issues. All property purchased during an informal relationship is recognized as belonging to the person for whom it is registered.
Accordingly, such objects cannot be divided. The exception is situations in which one of the common-law spouses significantly improved the state of their partner’s personal property from their own funds. It is easier to prove such investments than in official relations.
Registration by shares
Rights to property in a civil marriage (hereinafter referred to as cohabitation) are regulated by the Civil Code of the Russian Federation. With the Family Code, the legal regulation of property issues of cohabitants has nothing in common.
If necessary, common- law spouses can obtain shared ownership upon acquisition of real estate. Then, upon termination of the relationship, each side will remain with what is due to it according to the documents.
Shares of cohabiting people are calculated primarily from the contribution to the purchase (proved by checks, receipts, agreements); from the mutual agreement reached (drawn up in writing). In the future, the separation of this property will be carried out according to the norms of the civil code (article 252 of the Civil Code of the Russian Federation) - in shared form.
The allocation of shares in the property occurs by agreement of cohabitants. For example, in proportion to the shares invested in the property. An agreement of a standard form is drawn up by a notary like a marriage contract.
Exceptions to the Rules
How else to divide property in a civil marriage? Judicial practice indicates that one can cope with this task either by allocating shares in the property of cohabitants, or by going to court.
Sometimes you can recognize the object as common. This is an extremely rare occurrence. For its implementation will have to comply with some conditions.
Cohabitants need to prove that:
- cohabitation has taken place;
- spouses led a joint life and had a common family budget;
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What will happen to the common property? It will be divided according to the principle of shared property of the parties. In this case, the marriage contract will lose its legal force. It is recognized as invalid along with marriage.
How to protect yourself in a relationship
Quite a few questions arise with partners and official spouses regarding property. How to protect yourself from injustice and unequal separation of objects upon termination of relations?
Here are the tips that lawyers give couples:
- Conclude a marriage agreement. It indicate all the principles of the division of property upon dissolution of marriage.
- When cohabiting, do not invest in someone else's property. It is possible that spending will be "empty."
- Collect all checks and receipts confirming any expenses of the parties.
- Prepare evidence of common life and budget with cohabitation. Witnesses, photographs, videos, and correspondence can also help.
- When cohabiting, buying property at your own expense, draw it up exclusively for yourself.
You can also make stash for rainy day in cash, which the spouse will not know about. This is not entirely honest, but sometimes this option helps to survive, especially for women with children.
Conclusion
Civil marriage defines the property of spouses as everything that the official husband and wife bought during the registered relationship, unless the marriage contract provides otherwise. Only in real life does the sharing and disposal of the property of the husband and wife raise many questions and problems.
Property acquired in a civil marriage is divided according to the previously mentioned principles. In this case, spouses can recognize the general as personal and vice versa. This is extremely difficult, but if you try, you can achieve the desired result.
In any case, property conflicts will have to be resolved in court. Under certain circumstances, it is much more profitable to draw up a peace agreement or a marriage contract. The division of joint property in a civil marriage always requires a detailed study of the situation. And therefore, it is better to immediately consult with lawyers before acquiring property.