In Russia, family relations are regulated by the relevant Code. It spells out the basics of behavior in the cell of society - the responsibility of spouses, parents and children. The Family Code stipulates the specifics of the legal regulation of property owned by the husband and wife. Today they are often interested in the common property of the spouses. What it is? How to distinguish between such property? Is there any way to protect yourself from an unfair partition? The answers to all this will help the husband and wife to minimize property conflicts to a minimum.
Property Types
What is the common property of spouses? First you need to understand what types of property can be found in marriage. There are not many of them - only 2 varieties.
After the conclusion of a marriage, a husband and wife may have:
- personal property;
- jointly acquired property.
The second type of ownership raises a lot of questions, especially in the division. It is worth exploring in more detail.
Personal objects
The common property of spouses is the subject of frequent disputes in court. But what about personal property?
This is property that was acquired by husband or wife before marriage. In addition, personal things are recognized citizen - clothes, shoes, hygiene items.
Personal property in marriage is considered to be objects donated. And therefore, gifts in families today are increasingly common. The thing is that in a divorce, personal property is not divided. Under certain circumstances, it can be recognized as common, but this is an extremely rare scenario.
In addition, personal property is the inheritance of each spouse. But the income received from the sale of inherited things will be considered family. This must always be remembered.
Common things
The common property of the spouses is the objects acquired during the officially registered relationship. That is, everything that was bought during marriage.
At the same time, it does not matter to whom exactly this or that property is registered. If it is purchased in a marriage, according to the RF IC, it is recognized by default as common. The exception is cases of registration of a marriage contract. This document may make adjustments to the legal regulation of the property of husband and wife.
How to dispose
The common property of the spouses in the RF IC belongs to the spouses on an equal footing. This means that husband and wife can, on equal rights, own, use and dispose of everything that they have acquired in marriage.
Moreover, if it is planned to alienate common property, lawyers recommend that you issue a notarized consent of the second spouse for sale. This will help secure the deal in the future. For example, if a spouse who does not agree with her decides to go to court to cancel the procedure.
About the marriage contract
The spouses' ownership rights to the common property are initially equal. In Russia, you can conclude a so-called marriage agreement. It allows you to make adjustments to the legal regulation of joint ownership.
A marriage agreement may be concluded with a notary at any time during the marriage. In it, you can specify the features of the section and the order jointly acquired. For example, register the allocation of shares in the object to the husband / wife. Or indicate that the property will belong to the person for whom it is registered.
The marriage contract is allowed to indicate the principles of the division of both available property and what will be purchased in the future. It is worth considering that the marriage agreement is canceled in court if its text greatly violates the rights of one of the spouses.
Marriage contract and shares in property
The share in the common property of the spouses of each of the parties may be determined by law or by marriage agreement. In the first case, you will have to prepare for the fact that when you divorce the property will be divided in half.
If the husband and wife made a marriage contract, you can specify in it the principles of allocation of shares in the common property of the spouses. For example, in proportion to the property invested. What does it mean?
For example, the husband allocated 40% of its value for the acquisition of property, and the wife - the remaining 60%. If the marriage agreement indicates the allocation of shares in proportion to investments, in case of divorce, the husband will be entitled to only forty percent of this object.
Personal recognition as common
As already mentioned, in the RF IC it is allowed to recognize personal property as common. This is not the most common scenario. Moreover, without preliminary preparation to cope with it is unlikely to succeed.
Recognition by the common property of personal objects is allowed if:
- the parties will prove that total money was spent on the acquisition of property;
- the second spouse, at the expense of his personal funds, significantly improved the condition of the husband / wife's property.
At the same time, the main difficulties arise precisely because of the need to confirm the use of personal funds in the reconstruction or repair of property. Why?
Money and spouses
The thing is that the common (joint) property of the spouses is determined not only by real estate and objects, but also by cash. So, all the money earned by a wife and husband in a marriage is recognized as common. It does not matter who brought the income to the family.
Personal money from the parties usually appears if the corresponding clause is specified in the marriage contract. Or such funds should be transferred in the order of donation / inheritance.
This means that the earnings of the spouses and their accounts opened after the wedding will be recognized as joint. All savings must be divided in half when divorcing, if citizens do not have a marriage agreement.
Personal recognition
The property rights of spouses to common property in Russia are regulated by the RF IC. Just foreseeing all life circumstances is problematic. And so you have to study each specific case separately.
Under the law, jointly acquired property can be recognized as personal, but this is an extremely rare scenario. Usually it occurs when the property was bought for personal funds of one of the parties, but this has not been proved. What to do?
You need to go to court and prove that the property of the spouses was acquired for the personal money of one of the parties. Judicial practice shows that most often citizens have to recognize personal as general, and not vice versa.
Section Order
Now it’s clear what common property is. Non-spouses can only have jointly acquired property in shared ownership. This means that the section will be made according to the investments of each owner of the object in the property.
The division of property during a divorce may be carried out:
- judicially;
- according to the peace agreement.
Most often, citizens face judicial debate. You can peacefully share the common property of the spouses by issuing a corresponding contract with a notary or having prepared a marriage agreement in advance.
Making a peace treaty
How to draw up an agreement on the division of the common property of spouses? For this, the parties must contact the notary office with pre-prepared certificates. Next is the signing of the agreement "on the division of property." After being certified by a notary public, you can go to court to continue the divorce proceedings.
To successfully conclude a peace treaty on the division of joint property between husband and wife, you need to prepare:
- certificate of marriage or divorce;
- text of the peace agreement;
- statements of ownership of all common property of the spouses;
- passports of the parties.
In the same way, as a rule, a marriage contract is drawn up. Only this document provides much more text.
Courts and Section
Separation of jointly acquired by citizens during the marriage period is most often carried out in court. As practice shows, the proposed documents are studied in detail, based on which a decision is made.
The plaintiff and defendant bring to court:
- statement of claim;
- passports
- USRN statements;
- title documents for joint ownership;
- checks and payments indicating investment by one or another party to the conflict;
- prenuptial agreement (if any);
- certificate of divorce or marriage;
- any other materials (correspondence, photos and videos, audio recordings) that can confirm the position of the plaintiff / defendant.
As a rule, issues related to the division of everything that spouses have acquired during the marriage are a lot of trouble. And even with careful preparation, the judge does not always make a fair decision. It will be legal, adopted on the basis of the materials studied.
Buyback
Sometimes in court it is possible to recover the common property of the spouses. What does it mean?
If the separation of property is not possible, then the husband or wife may redeem the share of the spouse. Typically, this scenario occurs when the share of the “second half” in the jointly acquired is small.
The redemption of a share is also allowed in the manner of concluding a peace agreement. In such circumstances, citizens agree on the transfer of money, regulate it, and then draw it up at a notary public.
What will happen in the course of these actions? One of the spouses will receive money for his share of the property, and the second will become the full and sole owner of the object.
Children and parents
What else will everyone have to remember? The rights to the common property of the spouses are regulated by the marriage agreement and the Family Code of the Russian Federation. But what if in a particular object purchased in marriage, shares are allocated to children?
According to the RF IC, parents do not have any property rights for their descendants and vice versa. Parties may act as heirs, but no more.
This means that with a divorce, the shares of property owned by children will remain intact. Children's property will pass into trust management of parents. More precisely, to the one with whom the children will live on an ongoing basis.
Moreover, transactions with children's property will be possible with the permission of the guardianship authorities. This is additional paperwork, which usually ends in failure. Guardianship rarely allows the alienation of children's property.
Conclusion
Now it’s clear what constitutes jointly acquired property. Citizens often face property disputes in a divorce. To avoid them, you can just play it safe in advance. This should be done from the very beginning of marriage.
Here are the legal advice that will help protect your husband and wife from unnecessary property disputes:
- After the wedding, enter into a marriage agreement. It is advisable to do this with the help of an experienced lawyer or notary.
- Keep all receipts and payments confirming expenses and investments on property.
- Do not invest not in your property. In this case, any cash investments from personal funds are better to fix. All payments, checks and receipts will have to be saved.
- For the transfer of property between family members, it is recommended to use donations. Then the property will completely belong to the person to whom it is presented.
Some citizens practice buying property married to their relatives. This scenario is perfect for those who are the sole heirs of their parents. You can first buy property for relatives, and then arrange for his gift to the real buyer. Only such options are not fair to the spouse. But in case of a divorce, there will be no property disputes.