Art. 34 SK RF: Joint property of spouses. Art. 34 SK RF: comments

Common is the property of several persons. It can be divisible and indivisible. In Art. 34 of the IC of the Russian Federation, a concept such as joint property of a husband and wife is recorded. This is the possession of property based on trust and good faith. Details about this are presented in the article.

The concept

What is joint ownership of spouses? Art. 34 SK RF provides a clear definition of this concept. According to her, this property acquired in marriage. This definition is recorded in paragraph 1 of Art. 34 SK of the Russian Federation. Spouses own property without the need to allocate shares, but other rules for establishing property rights can be determined by law. According to the Civil Code of the Russian Federation, delimitation of shares in common property is allowed.

In the Russian legislation, there are 2 main documents in this area - the Civil Code and the IC of the Russian Federation. The first defines the norms for the appearance of common property. And the second indicates the types of property that may be joint. Property that relates to the general is specified in Art. 34 SK of the Russian Federation.

All purchased in marriage is considered to be jointly acquired, unless otherwise specified by marriage or other agreement. This is indicated in paragraph 2 of Art. 34 SK of the Russian Federation. Usually a special type of property is approved for a valuable property, such as real estate.

Common property

When buying real estate, the type of right is established by the agreements that were in its execution, and the terms of the deal. The object (land, house, apartment) is executed on one or both spouses. In this case, there are several situations:

1. If the buyer defined one person. It will be indicated in the sales agreement. If there is no prenuptial agreement, then the spouse will have the right to the object. This will be joint property, and in the event of a divorce, it will be divided into shares. Details on this may be in the prenuptial agreement.
2. Buyers are both spouses. In this situation, common shared and common joint property may be determined. The first option involves joint ownership and disposal of property on the basis of the shares indicated in the document. In the second option, they can only dispose of the rights granted to them by common joint property.

Rights and obligations

According to Art. 34 IC RF, property must be in the possession and use of both parties. This means that one person can manage the property, trust the other spouse to do this, since the principle of good faith applies here. But other rules may apply in a marriage agreement.

With the execution of the transaction, it is implied that it is carried out in coordination. This is recorded in Art. 34, 35 SK of the Russian Federation. An exception is situations where a notarial authorization is required in the event that the second party is not considered a party to the contract. In the absence of certified authority, the transaction is subject to challenge.

If you take into account the norms of Art. 34 SK RF, the spouses must maintain their property. They can also receive income from it. There are some nuances in this question. Intellectual property owned by one person is not common, but income from it can be used by both parties.

Movable property

Joint property includes:

1. Income received from entrepreneurial activity. This also applies to interest on deposits, material assistance, scholarships, pensions.
2. Movable property (exception - personal items).
3. Shares, securities.
4. Deposits.
5. The rest of the property.

A marriage contract may establish rules for classifying property as common. Usually property purchased before marriage is not considered jointly acquired. The exception includes cases when it was proved that funds were invested in these objects, and this led to an increase in their price.

Common property

In paragraph 2 of Art. 34 IC of the Russian Federation does not indicate that personal property is considered common. These are things inherited, a gift or bought before marriage. The right applies to items that can only be used by one person, for example clothing. The exception includes jewelry or luxury goods.

Personal property is considered to be property purchased in a marriage, if it is proved that the money accumulated before the marriage was spent. This usually happens when money is given or bequeathed. Exclude property from the general will only through the court.

Allocation of shares

This procedure is carried out in 3 cases:

1. When recovering. Property can be both personal and joint.
2. With a divorce. Shares are allocated under a marriage agreement or a document on the division of property. If they are absent, then the law applies.
3. Optional. The parties are entitled to allot shares in the common property. This is done by agreement and in court.

If there is no dispute, then you can draw up an agreement on the division of ownership, which is certified by a notary. Otherwise, everything is done by court order.

Comments

Art. 34 SK RF with comments explains many nuances:

1. The norms of clause 1 are considered mandatory, but Art. 33. Also, explanations are provided in paragraph 1 of Art. 256 of the Civil Code of the Russian Federation. According to it, property is considered joint if acquired in a marriage, but if other rules are not established by the marriage contract.
2. The total cost is stated in the Civil Code of the Russian Federation.
3. Whatever way of forming property, spouses have the same rights to common property.
4. In paragraph 2, the sources of law are indicated. The grounds include various property transactions.
5. The property is shared, no matter who it is registered for.
6. Personal belongings remain the property of a particular person.
7. Sole property is mentioned in the comments to Art. 36, 37 SK of the Russian Federation.
8. Property can be movable and immovable.
9. A person who has not had his income for good reason has the right to property. At the same time, it is indicated that this can be housekeeping and childcare.
10. The common ownership includes various incomes and payments.

Section

This transaction is usually carried out after a divorce, but it can also be performed in a marriage by determining shares or separate ownership. Spouses and creditors have such a right (Article 38 of the RF IC). These deals have their own nuances:

1. The division of property may be by agreement, if an agreement is made.
2. If there are disputes, then it is necessary to solve the problem through the court. This body can provide shared ownership or make joint ownership personal.
3. Things purchased for education and development of children cannot be shared. In a divorce, the child’s property remains with the parent with whom he lives (Clause 3, Article 38 of the RF IC).
4. Do not share clothes, medical items and other personal items. This does not apply to jewelry, designer clothes, transport, luxury.
5. Even with a divorce, undivided property will be joint property.
6. You can divide things, real estate, bills no later than 3 years after the divorce. This is established by paragraph 7 of Art. 38 SK RF.

Property can be both for spouses and their children. This is necessarily taken into account when dividing, allocating shares, making various transactions. In these situations, legislation also applies, but it must also be taken into account so that the interests of children are not infringed.

Any property is subject to the section. This may be an apartment, house, land, values, promotions. Moreover, everything can be divided voluntarily in the absence of claims to each other. But this is also done through the courts, if there is any dispute. In any case, everything must be done so as not to infringe on the rights of the parties.

Difficulties in transactions

With property that is jointly owned, transactions are made out in a special way. Please note that this procedure will not be legal if there is no permission from the second party. This transaction is disputed and invalidated. In practice, there are a lot of such cases. That is why the power of attorney should not be made unlimited, the document should act for a certain period of time. In addition, the specific purpose of the document is important. In case of violation of these standards, liability arises.

But even with permission to sell or exchange, you need to ensure that both spouses are fixed in the contract. This is important when buying property. The nuance allows you to correctly complete the transaction, so that in the future there will be no difficulties.

How to confirm the right?

The definition of common ownership is performed using:

• passports
• marriage certificates;
• birth certificates;
• prenuptial agreement.

By law, only official marriages are counted. Therefore, when living together, even if it lasted for many years, the division of property cannot be performed. To get your share, you need to go through a complex procedure of confirmation of investment in personal property.

The right to joint ownership is fixed by law. If it is violated, you can go to court. The main thing is to act decisively, relying on the rule of law.