Family relations should be built on the basis of respect and mutual understanding. Each family member has, as a rule, certain rights. Some of them are established by the person himself when entering into marriage (for example, distribution of duties at home). Some rules of conduct (in particular, property rights) are clearly regulated by the laws of the country. The regulation of relations within a marriage is handled by a special branch of jurisprudence - family law. Its source is the family code of the Russian Federation. The property and non-property rights of spouses are described in the second section of this normative legal act.
Being married, both spouses fully retain their legal capacity, that is, the ability to exercise their civil rights. In addition, by entering into marriage, they acquire new rights and obligations. For example, it is equal to own jointly acquired property, the obligation to support and provide all necessary for their children, etc. The personal rights of each spouse include the following: the right to choose an occupation, profession, occupation, place of residence. The property rights of married people should be considered in more detail.
Family law of the Russian Federation enshrines the principle of equality of spouses in the family, that is, each of them has an equal amount of freedoms and duties. Property law itself is a subjective opportunity for a participant in these legal relations to own, use, and dispose of their own property. Both spouses, being legally married, have the same opportunity to dispose at their discretion joint cash, personal transport, etc. It should be noted that this property must be acquired after the official marriage. As it may be cash, residential and non-residential premises, cars, home furnishings, appliances, any equipment, securities, bank deposits, jewelry, clothes, precious metal products, etc.
All issues of joint management of common property are decided by mutual agreement of both parties. In the event of an insoluble dispute in this regard, the spouse may go to court. You should be aware that the property rights of people who are legally married are equal if one of them does not bring income to the family due to illness, caring for a small child, a disabled parent, etc. In the event that one of the spouses disposed of family property (for example, sold housing) and entered into a transaction without the consent of the second spouse, during the trial, such a transaction will be invalidated.
In a happy marriage, problems with the joint disposition of property, as a rule, are not observed. Disputes arise precisely at the moment when the spouses decide to end their family and the property rights of each of them come to the fore. According to Russian law, upon dissolution of a marriage, all jointly acquired property is divided exactly in half. The court in such a case takes into account the presence of minor children, as well as who they stay with. Deviation from equality of shares obtained after a divorce by former spouses is also possible only by a court decision.
Many modern spouses solve the problem of sharing property through a prenuptial agreement concluded before marriage or at the time of being in it. This document clearly spells out the property rights of both spouses on their property after a possible dissolution of the marriage. A prenuptial agreement avoids lengthy litigation in the event of termination of family relations, however, some Russians consider its conclusion a sign of general distrust of each other.