Theoretically, to create a strong family, it is enough to just love each other and feel an irresistible desire to live under one roof. But this opinion is only erroneous, although it creates the illusion of independence for both spouses. So what if they talk about such relationships with a grin, not taking them seriously. This is a personal matter for everyone. But we discard all sorts of prejudices and talk about the very concept of an unconventional union of partners, and also find out why it is dangerous for both. What are the features of a “civil marriage”? What rights does each spouse have? And who is a roommate. This is only a small part of the issues that we will consider here.
The difference between cohabitation and official marriage
So, unlike the classic marriage union, which is officially registered and stamped in the passport, “civil marriage” is called so only formally. Since such a family is not officially registered anywhere, it cannot be positioned as a union. Rather, it is cohabitation, implying cohabitation on the same living space. At the same time, “common-law husband” is referred to as a roommate (this name is considered an alternative to the official spouse), and “wife”, respectively, is called a roommate.
The second important point. Due to the lack of formal marriage registration, both spouses are deprived of protection by the current Family Code. This means that in the event of parting, it will be difficult for partners, for example, to divide property. In order to make it clear how roommates are vulnerable to each other, one should shed light on their real rights.
Law cohabitation
As we have already said, the rights of a roommate are strictly limited. Recall that the Family Code applies only to spouses who are officially married. For example, both partners are required to bear responsibility for jointly acquired property, as well as children born in the classic marriage union. In the event of the disability of one of the spouses, the second is obliged to care for the injured and, of course, provide him financially. In a divorce, such duties are removed from him.
At the official separation, all common property, including real estate and vehicles, is divided between the spouses. In some cases, all civil disputes are resolved by court.
Is a “civil husband” capable of sharing property?
All the agreements and obligations of the “common-law spouses” exist only in words. They are conditional, therefore, have no legal force. And if initially your everyday life is filled with romance and the absence of any official obligations, then later problems may arise. For example, the property of partners is a frequent subject of controversy, to which the rights of a civil husband, however, like wives, do not apply. It is another matter if, after parting, both partners remain in excellent relationships and resolve the issue of amicable sharing. However, this is extremely rare.
The same goes for children. It is difficult for an unofficially married and divorced woman to file a formal child support request. Like the father of a child after the dissolution of a civil marriage, it is incredibly difficult to defend one’s rights in court and, for example, keep it at home. Such lawsuits are possible, but a decision on them can drag on for many years.
Can an unofficial spouse seize an apartment or a house?
It so happens that after the separation, the former roommate begins to threaten the owner of the apartment. Like, I’ll take the living space, and I will drive you and the child out into the street. Anything can happen. So, in the absence of his residence permit in the house, he has no right to it. True, a small percentage of the negative outcome of the events for the offended lady still exists.
But in this case, the roommate has yet to prove the fact of his residence. As evidence, testimony and, for example, receipts for utility bills are suitable.
When can I apply for a division of property after a break?
Theoretically, a roommate in an apartment can claim to share property. It’s just that he will face the difficult task of proving that the property acquired in such a marriage was common. As evidence, for example, testimonies of friends and relatives, bank card statements, payment receipts and loan agreements, checks and other documents are suitable. Sometimes for such purposes they use letters, including electronic letters, correspondence in social networks.
But even with such a large selection of evidence, finding the ones that the court will take is not so simple. For example, in order for a letter to be missed by representatives of Themis, you must first confirm its authorship. And only after that it should be notarized. By analogy, comments and correspondence in social networks can be perpetuated with the help of a screen, and then sent to a notary for signature.
How to prevent problems with the division of property?
In order to prevent possible troubles in advance with the sharing of common property, a number of preventive measures should be taken initially. For example, when buying large items, you need to draw them in your name. Thus, you will automatically become the owner, and your partner will not be able to claim them in the event of a breakdown.
What is the situation with credit property?
Everything is much more complicated when a cohabitant or his passion got a loan in the house. For example, it can be participation in shared construction. But since such a loan is documented, the second spouse will not be able to apply for it a priori. And this despite the fact that the second spouse could well participate in paying off a bank loan.
Moreover, if one of the cohabitants turns out to be insolvent, at the end of the court proceedings (by the bank), he may well lose his property or living space. And this despite the fact that it was acquired in a civil marriage and unofficially was considered common.
In order to avoid such credit problems, you should carefully study the bank agreement and, if necessary, adjust it. For example, it can indicate recognition of the rights to common shared property, register cases of separation of property in the event of separation, etc.
Is the sale of real estate in a civil marriage legal?
It happens that your roommate (this is one of the most common cases with real estate) suddenly decides to sell an apartment in which the husband and wife previously lived together.
If this union were official, then written permission from your other half would be required to carry out this action. In the absence of a stamp in the passport, the owner of the property has the full right to sell or donate it without the permission of his partner.
Roommate and residence registration
If the apartment or house is in your property, but the cohabitant lives in it (is registered), this does not give him the right to claim part of it in case of a divorce. According to experienced lawyers, this issue can be resolved in court. Thanks to the lawsuit filed, it is realistic to write him out of his living space on the basis that he is not an official husband and even a member of your family.
For comparison: if the marriage were official, then the roommate could just as well have a claim to living in an apartment, but not to a part of it. It would be possible to write it out, as in the case of a common-law spouse, through a court.
Inheritance Rights of Spouses
In the event of the death of one of the spouses, questions may arise related to the division of the inheritance. But only in the Family Code there is no such thing as a roommate of a mother or sister. There is a husband and wife. Consequently, inheritance rights to the unofficial passion of the deceased do not apply. According to the law, only an official spouse, who in this case belongs to the heirs of the first stage, can count on them. But, besides her, her husband’s children and parents can claim this right.
However, a common-law wife may well prove the fact of her dependency (based on Article 1148 of the Civil Code of the Russian Federation). For example, if she can point out her financial and physical insolvency, as well as her complete dependence on her suddenly deceased. But even if this succeeds, real relatives of the husband, for example, his children from his first marriage, can join the inheritance sharing .
Illegal marriage
Living under the same roof with a person who does not want to make any commitments is one thing. But when a child appears in such a fictitious family, things take a completely unpredictable turn. In such situations, the husband may agree to a quick list and legitimize your relationship or leave everything as it is and acknowledge the fact of paternity. The latter option involves obtaining an official child registration document under the name of the spouse and issuing a certificate of paternity.
That's just a roommate - this is an unpredictable person who may refuse to fix their parental rights. The court will help to solve the problem (based on Article 49 of the SCRF). Representatives of Themis can consider not only the testimonies of witnesses, but also the results of a medical examination as evidence of paternity. And only after a positive outcome of the trial, a common-law wife can file a second lawsuit to recover child support from her baby's father.
As you can see, the unofficial marriage union is conditionally formal. Therefore, all the rights and obligations of the parties are extremely limited and condensed. You can prove your case after breaking up. But why complicate things if there is such a thing as official marriage ?!