Personal and property rights and responsibilities of spouses: what are the rights and responsibilities of spouses

The regulation of family relations in the Russian Federation is carried out in accordance with the principles of voluntary marriage between a man and a woman, equality of spouses in the family, concern for the welfare and upbringing of children.

Husband and wife resolve all family issues together. There is such an inextricable connection between their personal and property rights and responsibilities that the Family Code of the Russian Federation considers them in a single complex.

Personal non-property rights and obligations of spouses

Desirable, state-approved actions and deeds relating to the joint life of husband and wife, as participants in family relationships, form the basis of the personal rights of spouses. They are closely related to the provisions of Article $23$ of the Russian Constitution, which asserts inviolability of private life, the right of citizens to personal and family secrets, protection of their honor and good name.

The personal rights of spouses are inseparable from their bearers, inalienable at the will of the owners, cannot be the subject of any transactions, and have no monetary equivalent.

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The list of personal rights and obligations of spouses is determined by articles $31$ and $32$ of the Family Code of the Russian Federation. Among them:

1. equality between husband and wife in resolving various issues of family life;
2. freedom of spouses to choose their occupation and profession;
3. the ability to independently determine the place of stay and residence;
4. relations between spouses should be built on the basis of mutual respect and mutual assistance;
5. husband and wife should contribute to the well-being and strengthening of their family;
6. caring for the well-being and development of children;
7. the spouse can keep his premarital surname, or add the spouse’s surname to his own, or the spouses can be called by a common surname.

Some rights of spouses are also responsibilities, for example, raising children or caring for the well-being of their family. The number of rights established by the Family Code of the Russian Federation is small, since personal relationships between people are more regulated by moral norms than by legal ones. The law is not able to directly influence the behavior of spouses.

Note 1

Despite the fact that a wife’s disagreement with her husband regarding the choice of profession has no legal significance, disputes on this topic can lead to serious conflicts.

And the right to choose a place of stay and residence means that spouses are not at all obliged to permanently live together, in the same house or apartment.

Moreover, Article $27$ of the Constitution of the Russian Federation provides everyone who is legally in the territory of our country with the opportunity to move freely.

The legislative call for spouses to promote the well-being and strengthening of the family refers not only to the material side of life, but also to the creation of a positive microclimate. Children's well-being is also about more than just providing for their financial needs.

In fact, we are talking, among other things, about the need to give the child an education that will allow him to gain economic independence in the future.

When defining such concepts as the upbringing and development of children, the main emphasis is on the formation of their personal qualities that meet the existing ideas about morality and morality in society.

Picture 1.

Property rights and obligations of spouses

The Family Code of the Russian Federation provides for two regimes of property relations between spouses . The first is based on the provisions of the marriage contract, and the second regime is based on the norms of current legislation that apply in the absence of an agreement concluded between husband and wife.

The property rights of spouses are alienable ( except for cases provided for by law), have a material equivalent and can be the subject of various types of transactions. In addition, the property of each spouse is divided into personal and joint .

Personal property is property:

1. acquired before the official registration of marriage;
2. acquired during marriage, but with funds that belonged before its registration;
3. received as a gift, by inheritance or through other gratuitous transactions;
4. personal items, with the exception of jewelry and other luxury items;
5. incentive bonuses received by the spouse for scientific or industrial successes;
6. acquired in a registered marriage, but after the actual termination of the marital relationship.

Each spouse owns, uses and disposes of personal property independently.

Note 2

As a rule, property acquired by spouses during marriage is joint property. This common property is formed as a result of the combination of various material assets acquired by the spouses together.

Moreover, the amount of funds contributed by each of them has no legal significance, even if the incomes of the husband and wife are very different.

One of the spouses, who was engaged in housekeeping and raising children, without having his own income, also has equal rights to joint property.

The Family Code of the Russian Federation recognizes the following as common property of spouses:

1. income of both spouses from labor, including entrepreneurial activities;
2. pensions and benefits received by spouses;
3. material assistance and cash payments that do not have a special purpose, as well as amounts related to compensation for damage due to loss of ability to work;
4. income from the results of intellectual activity;
5. real estate, cars and luxury items acquired from the joint income of the spouses, regardless of whose name they are registered;
6. securities and deposits made with credit institutions or other commercial organizations, regardless of whose name the account is opened;
7. any property acquired by spouses during marriage.

Note 3

In accordance with Article $35$ of the Family Code of the Russian Federation, a transaction made by one of the spouses to dispose of common property may be declared invalid by the court if the other spouse does not agree with it. And when selling joint real estate, given the importance of such a transaction, not only family law, but also civil law must be observed.

Marriage contract

The contractual regime of property relations between spouses is also provided for in the Family Code of the Russian Federation, along with the legal one. Article $17$ of the Russian Constitution proclaimed that the only restriction on the rights of every person is the inadmissibility of violating the freedoms and interests of other persons.

A marriage contract has priority in regulating property relations between spouses; only in its absence, property acquired in a registered marriage is common.

The written form of concluding a marriage contract and its mandatory notarization allow spouses to:

1. dispose of your property at your own discretion;
2. prevent violation of the rights of a disabled citizen;
3. maintain a certain stability in family relationships;
4. guarantee compliance with property interests.

Note 4

Let us note that a marriage contract cannot regulate the rights and obligations of spouses in relation to children, as well as personal non-property relations between husband and wife.

Source: https://spravochnick.ru/pravo_i_yurisprudenciya/semeynoe_pravo/prava_i_obyazannosti_suprugov/

Property rights and obligations of spouses according to the Insurance Code

You can learn about the property rights and obligations of spouses from the legal norms of the family code. They are the ones that guide the judge when making decisions in cases regarding the distribution of material assets between divorcing citizens.

Often during court proceedings, a husband or wife makes demands for the allocation of half of everything that is in the family's use.

However, they are not always satisfied, since in order to receive a share of property after a divorce, you need to be involved in its acquisition.

In other words, if a thing or piece of real estate was purchased by one of the spouses even before the marriage was registered, then all property rights to them belong only to him.

We should not forget that in marriage, spouses acquire not only the opportunity to jointly own material assets, but also the obligation to bear responsibility for their maintenance. This may include, for example, repayment of installments under a loan agreement, payment of utilities and taxes, as well as the purchase of any necessary household items and food products.

Rights and responsibilities of spouses

Family law regulates property and personal non-property relations between family members arising on the basis of marriage, kinship and adoption of children in the forms prescribed by law.

Spouses are a husband and wife, united by mutual personal non-property and property rights and obligations that arise after the registration of marriage.

Codified family legislation (Family Code of the Russian Federation, RF IC - further) regulates the few personal rights and obligations of spouses. Only two articles of the code are devoted to this issue in the RF IC.

One of them regulates the equality of spouses in the family, and the other defines the right of spouses to choose a surname. These rights stem from the rights and freedoms of man and citizen provided for by the Constitution of the Russian Federation, as well as from the general norms of civil legislation.

Judicial practice (the names of the participants in the trial have been changed).

Thus, Kotova N. filed a complaint against the actions of the registry office department, which refused to register her change of surname Kotova to Kotova-Kulik. The court found that in 2004 a marriage was registered between Kulik A. and Kotova N. and the surnames were assigned: to the wife - Kotova, to the husband - Kulik.

In 2008, Kotova submitted an application to the registry office to change her surname, indicating the reason - “the desire to have a double surname.” The registry office refused to register the change of surname because...

Russian family law provides for the recording of the common surname of spouses, formed by adding the wife’s surname to the husband’s surname, only during state registration of marriage.

The district court found the refusal to be lawful.

Subsequently, the court decision was overturned, because the dispute arose not in connection with the choice of a surname during marriage, but in connection with the exercise of the right to change the name.

Since the district court applied norms of family law that were not subject to application, and the Federal Law “On Acts of Civil Status” does not provide grounds for refusing state registration of a name change, a decision was made to grant the application.

Personal (non-property) rights of spouses

The personal (non-property) rights of spouses are, as it were, a continuation of their constitutional rights; marriage cannot significantly affect their content. Violation of these rights by one of the spouses in relation to the other is prohibited.

So, for example, with the help of a marriage contract, spouses have the right to change the regime established by law and establish a property regime acceptable to them, but the RF IC directly prohibits the regulation of personal non-property relations of spouses by a marriage contract.

It is impossible to include in a marriage contract a condition that after marriage the wife is obliged to take her husband’s surname, that the husband is obliged to remain faithful to his wife, that both of them must live together.
The inclusion of a condition on the joint residence of spouses in a marriage contract means, in essence, a violation of the constitutional right to freedom of movement and choice of place of residence. No one can force spouses to live together.

The Constitution of the Russian Federation gives spouses the full right to freely choose their place of residence. That is, husband and wife can live either together or separately. Moreover, a change of place of residence by one of the spouses does not entail the obligation of the other spouse to also change his place of residence.

Abuse of personal rights by one of the spouses or obstruction by the other spouse of his personal rights can only serve as grounds for dissolution of marriage (divorce).

Property rights of spouses

Conventionally, property relations in a family can be divided into three large groups:

• the rights of spouses to enter into civil transactions: marriage contract, purchase and sale, donations, exchanges, inherit and accept property;
• rights to property acquired by spouses during marriage;
• alimony obligations.

Spouses have the right to determine the regime of joint property - legal or contractual.

If the spouses have not made a choice, then the legal regime applies by default.
It provides the following.
Spouses have equal rights in relation to common property. They own, use and dispose of common joint marital property by mutual consent. When making a transaction, it is assumed that the second spouse agrees. However, it is not always possible to categorically divide marital rights (and responsibilities) into personal and property. In some cases, they combine personal and property elements.

Read also: How to get a pension certificate: through the MFC, through government services

The rights of spouses to mutual assistance, joint resolution of family issues, and receipt of alimony cannot be unambiguously classified as one or another category of rights. The intermediate nature of some rights and obligations of spouses, combining elements of property and personal non-property rights, indicates the peculiarity of the content of family legal relations.

In turn, in civil legal relations elements of personal and property rights can also be intertwined, however, this phenomenon is most typical for family legal relations.

Source: http://aklb.ru

Personal and property rights and obligations of spouses according to the Family Code

From the moment of state registration with the civil registry office, the rights and responsibilities of the spouses arise, and the state takes upon itself the protection of the new family.

Family law distinguishes between personal (non-property) and property rights and obligations of spouses. At the same time, family law is based on the principles of freedom and equality of spouses.

By getting married, citizens acquire the personal rights and responsibilities of spouses: if they wish, they can choose the surname of one of the spouses as a common surname, retain a premarital surname, or add the surname of the other to their surname (double surname).

Each of the spouses is free to choose their occupation, profession, place of stay and residence. Each spouse, without the consent of the other, has the right to leave their permanent place of residence on vacation, a business trip, a long trip, or even change their place of permanent residence at their own discretion.

The independence of spouses protected by law does not contradict the fact that they must resolve all issues related to motherhood, paternity, upbringing and education of children together.

Property legal relations between spouses consist of two parts:

• property relations;
• alimony relations, i.e. relations for the mutual maintenance of spouses.

The legal regime for the property of spouses is the regime for their joint ownership. The legal regime for the property of spouses applies unless otherwise provided by the marriage contract.

In accordance with family law, the family property of spouses is the property acquired by the spouses during marriage (even if one of them worked, received a salary, and the other ran a household).

In modern Russia, joint property can also be the income of each spouse from the results of labor, intellectual, and entrepreneurial activities, as well as pensions, benefits, and other monetary payments that do not have a special purpose.

The common property of spouses includes movable and immovable things, securities, deposits in commercial banks, shares in the capital of joint stock companies, etc., regardless of which spouse they are registered in the name of. The spouses jointly own and use this property, and its disposal is carried out by mutual agreement.

In addition to common property, each spouse has the right to have personal property.
Separate (personal) property of spouses is property that belonged to each spouse before marriage, as well as property received by one of the spouses as a gift, by inheritance or through other gratuitous transactions.

Items for individual use (clothing, shoes, etc.), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them.

The law does not include things acquired solely to meet the needs of children (clothing, shoes, school and writing supplies, a children's library, musical instruments, etc.) as joint property.

The regime of joint ownership of property of spouses established by law can be changed both before marriage and at any time during the marriage by concluding a marriage contract.

A marriage contract is an agreement of persons entering into marriage, or an agreement of spouses, defining the property rights and obligations of spouses in marriage and (or) in the event of its dissolution (Article 40 of the RF IC).
The marriage contract is drawn up in writing and must be notarized.

If it was concluded before marriage, it becomes valid from the moment the marriage is registered with the civil registry office.

In a marriage contract, spouses have the right to change the legal regime of joint ownership, as well as establish joint, shared or separate ownership of both all property belonging to them and its individual objects.

Joint property is non-shared, therefore, during the existence of joint property, each of the spouses has the right to own, use and dispose of all property.

The shared property regime for spouses is that the marriage contract clearly defines the marital shares of property, which can be either equal or unequal.

The separate property regime for spouses can be formulated as follows.

Premarital property of the spouses, as well as property received by them during the marriage (by inheritance or other gratuitous agreements), and all income from this property are considered the separate property of the spouses and are managed independently by each of the spouses. Each spouse is responsible for their personal debts and obligations independently from their own property.

Spouses have the right to determine in the marriage contract also their rights and obligations regarding mutual maintenance, ways of participating in each other’s income, the procedure for each of them to bear family expenses and other issues relating to property relations.

However, a marriage contract cannot limit the legal capacity and capacity of spouses, the principle of their equality in marriage, regulate personal rights and obligations between spouses, rights and obligations (personal and property) in relation to children and contain other conditions that contradict the principles of family law.
A marriage contract is a new form of regulation of family relations in our country. It has not yet found widespread use.

The law provides for the right to maintenance (alimony) of spouses in the following circumstances:

1. If one of the spouses is disabled and needs financial assistance. A divorced spouse in need also has the right to receive alimony, provided that his incapacity for work occurred during marriage or no later than one year after the divorce. In cases where the spouses have been married for a long time, the court has the right to collect alimony in favor of the former spouse of retirement age and in cases where he reached this age within five years after the termination of the marriage. A wife also has the right to receive alimony during pregnancy and for three years after the birth of a child, as well as a needy (although able-bodied) spouse (wife or husband) caring for a disabled child.
2. If the spouses have not agreed on the amount of assistance or no assistance is provided at all, alimony can be collected through the court, which determines its amount in a fixed amount of money, taking into account the financial and marital status of the parties. The court has the right to release one spouse from the obligation to support the other spouse or limit this obligation to a certain period, taking into account the short duration of the marriage or the unworthy behavior of the spouse demanding payment of alimony (for example, drinking away all the alimony).

Undoubtedly, a marriage contract is a very convenient legal institution of family law, however, in practice it is rarely used.

Thus, attention should be paid to the small number of personal rights and obligations of spouses established by the legislator.
This is due to the specifics of these relationships, because it is impossible to regulate love by law.

The situation is different with property rights, for which the legislator has identified two regimes: legal and contractual, and a unifying word for obligations - alimony.

Source: https://sci.house

Material and property rights and obligations of spouses

According to the Family Code of the Russian Federation, it is customary to distinguish between the personal property of spouses and property acquired during marriage. Property rights between spouses are regulated in relation to:

1. Jointly acquired property.
2. Alimony maintenance for spouses. One of the spouses will be obliged to restrain the other if such a need arises.

Joint property

Jointly acquired property usually means property that was acquired by spouses during marriage. At the same time, hygiene items and donated property cannot be considered jointly acquired (common) and are not subject to division.

It should be noted that property will be considered jointly acquired, even if only one of the spouses worked and the other stayed at home.

If a person wants to protect himself from this, then it is necessary to conclude a marriage contract, which will stipulate who will receive the acquired property after a divorce, etc.

A marriage contract can be concluded both before the marriage is registered and at any time after the marriage has already been concluded.
Changes can be made to the marriage contract by bilateral consent of the spouses. Article 253 of the Civil Code of the Russian Federation regulates the disposal of property that is in common use of the spouses.

The article implies the fact that all actions in relation to common property performed by one spouse automatically receive approval from the other.

However, if one of the spouses abused his position and used joint property without the consent of the second spouse, then the court has the right to declare the transaction invalid and cancel it.

Alimony obligations of spouses

In addition to the fact that during marriage, an obligation is formed between spouses regarding the disposal of joint property, another obligation appears - alimony maintenance.

Source: https://moi-pravoved.com/razdel-imushestva/imushhestvennye-prava-i-obyazannosti/

Rights and responsibilities of spouses

When entering into a marriage relationship, spouses are endowed with mutual rights and responsibilities. Rights and obligations under the legislation of the Russian Federation can have both personal and property significance.

General characteristics of the rights and obligations of spouses

The main feature is the reciprocity of rights and obligations. Since spouses have equal rights, then, as a general rule, the distribution of rights and responsibilities occurs in equal shares.

Equality of relations can be manifested, for example, in the choice of profession, place of residence and stay, and the purchase of property.

However, some rights and obligations can only be exercised by one of the parties to the marriage relationship. For example, the birth of a child and its feeding are carried out by the mother of the child.

Personal rights and obligations

Marriage relationships involve mutual respect, help and support from the family. For example, raising children falls on the shoulders of both parties. The well-being of a family can only be achieved through the mutual fulfillment of the responsibilities that are assigned to this family.

Among the personal rights of spouses the following can be noted:

• The right to choose the surname of spouses
• The right to choose an occupation, for example, to study at an educational institution
• The right to choose a profession
• The right to choose where to live and raise a child
• The right to choose an educational institution for a child
• The right to rest and restoration of health
• The right to religious education of a child

Mutual responsibilities include:

• Responsibility to support the family
• Responsibilities to raise joint children
• Respect each other and take care of family members
• Take care of the welfare of family members and children

From the moment of marriage, everything acquired by the spouses during marriage will be considered joint property. The legal regime of property rights and obligations becomes joint and in order to dispose of such property, the consent of the other party to the marriage relationship is required.

The property rights of spouses include:

• The right to real estate, house, apartment, summer cottage
• Right to a vehicle
• Right to furniture
• Right to income
• The right to engage in entrepreneurial activity
• Right to run a household
• Right to Farm

The property responsibilities of spouses include the following:

• Duty to support family
• Obligation to use income received by the family, with the exception of donations and inheritances
• Obligation to pay property taxes
• Responsibility to manage family businesses

Read also: Return of maternity capital: to a pension fund, upon sale, for a mortgage

Legal regime of marital property

The legality of the property regime of spouses lies in the fact that from the moment of marriage, all acquired property becomes joint, with the exception of personal property received earlier.

Personal property of spouses does not require obtaining permission for alienation or determining the procedure for use and ownership.

If the question arises about the use of such property by the other party to the marriage, then it is possible to obtain the consent of the spouse.

Thus, property received: is not jointly acquired property:

• As a result of donation, inheritance
• Property that spouses owned before marriage
• Cash, accounts, bank deposits, before marriage

In addition, personal use items and hygiene items are not considered joint property, except in cases where such items are luxury items. We are talking about luxury in the case when expensive personal items, for example, clothing, musical instruments, are purchased at the expense of the joint funds of the spouses.

From the moment joint property was acquired, each party can claim these things in the event of divorce or inheritance. If the procedure for using joint property is not achieved, the parties may apply to the court for the division of joint property.

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Source: https://sud-isk.ru/sem-pr/prava-i-obyazannosti-suprugov.html

5. Personal and property rights of spouses. Personal and general obligations of spouses

The rights and obligations
of spouses arise from the date of registration
of the marriage by the
civil registration authorities (Article 20 of the Code of Civil Status).

• The personal
  rights of spouses
  by the following.
• equality
  :
• 1) the right of spouses
  to jointly resolve issues of family
  life: all issues important for the family
  are resolved
  
  only by spouses on the basis of their voluntary
  
  expression of will on the principles of equality (interference by close relatives and
  persons with authority
  is unacceptable);
• 2) spouses are free
  to choose their occupation, profession, place
  of stay and place of residence:
  there is no obligation for one spouse
  to follow the other when
  the latter changes his place of residence, spouses are not
  required to live in the same apartment
  if they do not wish to do so.

3) spouses are obliged
to build their relationships in the family on the basis of
mutual respect and mutual assistance,
to promote the well-being and strengthening
of the family, to take care of the well-being and
development of their children, i.e.
Spouses have the right to independently resolve issues relating to
their personal interests, unless otherwise
specified in the Marriage Agreement.

1. Choice of surname:
2. 1) spouses, at their own
   
   the surname of one of them as a common
   when entering into marriage , or each spouse retains
   their premarital surname or adds
   the surname of the spouse to their surname
   (the combination of surnames is not allowed
   if the premarital surname of at least one
   of the spouses is double) ;
3. 2) a change of surname
   by one of the spouses does not entail
   a change of surname of the other spouse;
4. 3) in the event of divorce,
   spouses have the right to retain their common
   surname or restore their premarital
   surnames.
5. Property
   relations of spouses are
   
   social relations
   regulated by the norms of family between spouses from marriage regarding their
   common joint property, as well as
   their mutual material support.
6. There are two types
   of property relations between spouses:

• regarding their common joint property;
• alimony legal relations between spouses.

Property acquired
by spouses during marriage,
regardless of which of the spouses
it was acquired for or which of
the spouses contributed funds,
is their
common joint property.
Spouses have equal rights to own,
use and dispose of this
property, unless otherwise provided by
the Marriage Agreement.

Spouses enjoy
equal rights to jointly acquired
property even if
during the marriage one of them was engaged in
housekeeping, caring for children,
or for other valid reasons did not
have independent earnings
(income), unless otherwise provided by
the Marriage Agreement (Article 23 KoBS).

• The current
  legislation on marriage and family
  provides, depending on the will
  of the spouses, two possible regimes for the property
  of the spouses:
• 1) legal
  (valid
  unless otherwise established by the Marriage Agreement
  );
• 2) contractual
  (may be
  provided for in the Marriage Agreement).

In the case of division
of property that is the common joint
property of spouses, their shares
are recognized as equal, unless otherwise
provided by the Marriage Agreement.

The court
has the right to deviate from recognizing the shares
as equal, taking into account the interests of minor
children or the noteworthy
interests of one of the spouses.

The share of one
of the spouses, in particular, can be
increased if the other spouse avoided
working or spent
common property to the detriment of the interests of the family.

1. When dividing
   property that is the common joint
   property of spouses, in the presence of
   a Marriage Agreement, the court proceeds from its
   terms and determines which items
   are to be transferred to each of them.
2. When dividing
   property, the court also takes into account the common
   debts of the spouses and the rights of claim for
   obligations arising in the interests
   of the family.
3. For claims for
   the division of property that is the common
   joint property of spouses
   whose marriage is dissolved,
   a 3-year
   statute of limitations is established.

Property that
belonged to spouses before
marriage, as well as property received by them during
marriage as a gift or by inheritance,
is the property of each of them
(Clause 1, Article 26 of the Code of Laws of Ukraine).

Alimony for

minor children from their parents in the absence of an Agreement
on Children, an Agreement on the Payment of Alimony,
and also if the amount of alimony is not determined
by the Marriage Agreement, is recovered in
the following amounts: for one child
- 25 percent, for two children - 33 percent,
for three and more than children – 50 percent
of the parents’ earnings and (or) other income
per month.
At the same time, for able-bodied parents, the minimum amount of child support
per month must be at least 50
percent for one child, 75 percent
for two children, 100 percent for three
or more children
of the average per capita subsistence budget.

The amount of alimony
can be reduced by the court if
the parent obligated to pay alimony
has other minor
children who, if alimony was collected
in the amount established by the Code of Laws of the Republic of Belarus
would be less financially secure
than children receiving alimony, as well as
in cases where the parent, with from whom
alimony is being collected is a disabled person
of group I or II.
In exceptional cases , the court may exempt a parent who is
a disabled person of group I or II from paying
alimony, as well as reduce the minimum
amount of alimony collected from
an able-bodied parent who, for
objective reasons, cannot
pay it in the established amounts
(Article 92 of the Code of Labor Code).

In addition,
alimony can be demanded, firstly,
who is disabled and in need of
financial assistance and, secondly,
by a wife during pregnancy and for
3 years after the birth of a child.

Personal obligations
of spouses:

• arose for one of them before marriage;
• arising after marriage, but in connection with the satisfaction of purely personal needs;
• due to debts encumbering property that has become private property by inheritance (debts of the testator);
• arising before and after marriage in connection with damage to property, life or health of other persons;
• arising from labor relations;
• alimony payments arising before or after marriage for children or family members;

The common obligations
of the spouses arise from:

• an agreement concluded jointly by both spouses;
• joint infliction of harm by spouses on other persons;
• causing harm by the action of a source of increased danger, which is the common joint property of the spouses;
• unjustified acquisition or saving of property at the expense of another person without grounds established by law or transaction;
• compensation for harm caused by their minor children.

Thus, spouses resolve all
issues of marital and family relations
jointly, by mutual
consent and on the basis of equality.

Spouses are obliged
to build their relationships in the family on the basis of
mutual respect and mutual assistance,
fair distribution of family
responsibilities, assistance in the implementation
by each of them of the right to motherhood
(paternity), physical and spiritual
development, education,
manifestation of their abilities, work and
rest.

Source: https://studfile.net/preview/5404857/page:5/

Personal and property rights and obligations of spouses

Personal and property rights and obligations of spouses

From the moment of marriage registration, spouses have additional rights and obligations, which are divided into personal and property.

The personal rights of spouses differ from property rights in that they are inseparable from the personality and do not have economic content.

One of them is the right for spouses to choose a surname after registering a marriage. You can either leave the old one, or take the surname of the other spouse, or join one surname to another.

Another personal right and at the same time responsibility of spouses is the right to raise and educate children. Parents decide issues related to this among themselves. In the absence of agreement, each spouse may apply to the guardianship and trusteeship authority or the court to resolve the dispute.

The property rights of spouses, on the contrary, have precisely economic content. They are divided into rights and obligations regarding property and mutual maintenance.

Property rights regarding the property of spouses are regulated by civil law. Property owned by spouses is divided into property that belongs to a specific spouse and is his property, and property that is their common joint property.

• The property of a specific spouse is the following property:
• ? belonging to him before marriage;
• ? received by him during marriage as a gift, inheritance and other gratuitous transactions;

? personal items (clothes, shoes, etc.), with the exception of jewelry and other luxury items acquired during marriage.

1. In relation to their property, each spouse has all the powers of the owner.
2. The property that is their common joint property includes:
3. ? any income of each spouse, including pensions and benefits;
4. ? things acquired at the expense of general income, securities, shares, deposits;

? any other property acquired jointly by the spouses during the marriage.

It does not matter in the name of which spouse the property was acquired or the contributions were made.

The regime of common joint property is the legal regime of the common property of spouses. It is valid if there are no additional agreements between them on this matter.

This could be a marriage contract. This regime of joint property of spouses is called a contractual regime. It will be discussed separately.

Spouses have equal rights and obligations in relation to common property. This implies that the possession, use and disposal of it is carried out by mutual consent. In case of violation of their rights, either spouse can go to court.

The property rights of spouses regarding mutual maintenance are regulated by family law. One of the responsibilities is to support each other financially.

Sometimes it is imposed on former spouses (for example, if the wife became disabled during the marriage).

If one of the spouses refuses to financially support the needy (former spouse), the latter has the right to demand alimony in court. This right belongs to:

? disabled needy spouse (former spouse);

? wife (ex-wife) during pregnancy and for three years from the date of birth of the child.

The amount of alimony and the procedure for its provision are determined either by agreement between the spouses or by the court.

This text is an introductory fragment.

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Source: https://law.wikireading.ru/15045

Personal and property rights and obligations of spouses

After the state registration of marriage, which takes place in the civil registry office (civil registry), persons who entered into a marriage have bilateral responsibilities and rights. Thus, in legal terms, they acquire the family status of spouses.

Definition 1

Legal status is a system of rights and obligations that establish and regulate legal norms. In accordance with the position of the subjects, the personal and property rights and obligations of spouses are classified.

Personal rights and responsibilities in marriage

The personal and trusting nature of the relationship between family members characterizes their behavior in the family: the wife and husband should strive to achieve harmony in the relationship between them.

Our state, like other countries, tries to interfere as little as possible into the non-property family sphere, the elements of which are not always amenable to legal regulation. The exercise of personal rights should not be made dependent on additional circumstances.

Husband and wife, as well as other third parties, must not interfere with other spouses in the exercise of these rights.

Among the personal marital rights, that is, the rights that arise regarding personal benefits, it is necessary to include:

• free choice of occupation, profession, place of residence and stay. This choice is made by the spouses, primarily based on the interests of the family. Modern family law, giving priority to cohabitation, does not require or imply mandatory cohabitation of husband and wife in the same territory;
• joint resolution of family life issues based on mutual agreement. In such a life, neither the husband nor the wife has a preferential right to use them over the other. For this reason, the law established that problems of raising and educating children, motherhood and paternity and other issues of family life should be resolved by spouses together. In some situations, the legislator may require legal registration of consent (for example, in the case of alienation of real estate). If the consent of the spouses has not been reached, then neither of them can make a sole decision;
• choice of surname. Art. 32 of the Family Code provides several alternatives to this choice:
  • common surname (spouses can take the surname of their husband or wife);
  • everyone retains their own surname;
  • acquiring a common double surname, when the surname of one spouse can be joined by the surname of the other;
  • one of the spouses retains their premarital surname, and the other adds the surname of the other to their own surname. It is not permissible to combine surnames when before marriage the surname of one of the spouses was double. The exercise of this right occurs 2 times (registration and divorce);

• the right to divorce, which the UK grants to each spouse, except in cases provided for in Article 17. This right cannot be limited or canceled by the conclusion of agreements between the spouses. When such conditions are included in a marriage contract, they are considered void and have no legal force;
• consent to adopt someone else's child by another spouse. Most often, it happens that the adoptive parent is the new spouse of the child’s father or mother, and this consent can confirm the fact that trust is established between the child and the new parent and there are no obstacles to transferring the rights of a blood relative to him. The adoption of children by only one of the spouses in cases where the other is not the parent of such children is less preferable, but is not prohibited by law. In the case of adoption of a child by one of the spouses, the responsibilities and rights of parents can only be exercised by the adoptive spouse. For another of them, who even consented to the adoption, a court decision does not entail these obligations and rights.

Article 31 of family law deals with personal responsibilities. It states that spouses should build their own relationships in the family, which are based on mutual respect and help. Each of them promotes the well-being and strengthening of the family, takes care of the development and well-being of children.

Legislatively, the well-being and strengthening of the family lies not only in material security, but also in a healthy family microclimate and strong family relationships. The well-being of the child, as a goal set by the Family Code for spouses and parents, plays a greater role than material support.

This is due to the fact that it consists in the need to give children a profession and education that will allow them to gain economic independence in the future. The category of “well-being” is closely related to child development, which is mentioned by the SC.

In this case, the emphasis shifts to the creation of the personal qualities of children, which depends on the parents and represents their responsibility.

Property rights and responsibilities in marriage

Property rights include the spousal right of common joint ownership of acquired property and the right to receive financial support. These rights differ from the personal rights of spouses, since they arise not at the time of state registration, but when appropriate circumstances arise.

For the manifestation of joint property rights, it is important to acquire property during marriage that falls under the legal regime in question, or to conclude a marriage agreement.

In accordance with marriage contracts (agreements, agreements), property that is in a different legal regime (separate, shared ownership) passes into the regime of common joint ownership.

Note 1

Legal obligations in the field of financial support may arise in the event of loss of ability to work or the need of one of the spouses.

It is customary to distinguish between the legal regime of spouses’ property and the contractual regime. The first of these is the joint ownership regime. The concept of such property is given in civil legislation (Article 244). It represents common property in which shares are not defined.

Its participants jointly own and use common property, while its disposal occurs in accordance with their general consent, which is assumed regardless of which of the participants makes the transaction.

The marriage contract contains a provision; this regime comes into effect when the agreement between the parties (nuptial agreement) does not establish otherwise.

Paragraph 2 of Article 34 formulates an open list of property. It may be in joint ownership mode.

This is the income of the husband and wife from work, entrepreneurial activity, use of the results of intellectual work, benefits, pensions and other material payments that do not have a special purpose.

It can also be securities, movable property, real estate, which are acquired at the expense of the common funds of the husband and wife.

Note 2

This list is not exhaustive, therefore the Family Code contains a presumption that all property that spouses acquire during marriage must be classified as their joint property.

Certain types of property acquired during marriage cannot be included in joint property.

This may be property that one of the spouses received as a gift, by inheritance or through other gratuitous transactions, personal items, exclusive rights to the results of intellectual activity.

An exception to this rule are luxury items and jewelry that were purchased during marriage. During marriage, the personal property of each spouse does not cease to exist. In addition to the above, it can include property that belonged to each of them before marriage.

Separate property is property acquired during a marriage with funds that belong to one of the spouses before its conclusion (for example, the housing in which the spouses live was purchased after the marriage, but with funds that one of the spouses received as business income before marriage).

Note 3

If, during the marriage, investments were made into the property that belongs to one of the spouses at the expense of common property (the property of each spouse or the labor of one spouse), which significantly increased its value, then a court decision may recognize this property as joint property.

The contractual regime is characterized by the fact that a certain regime of property relations between spouses can be established by a marriage contract. It, firstly, establishes any of the possible property regimes provided for by law: common joint, common shared or separate property.

Among other things, a marriage contract, in addition to forming the legal regime of property, is capable of solving other relationships in marriage in the field of property. In particular, the rights and obligations regarding mutual maintenance are discussed here, the property transferred to each person upon divorce is determined, etc.

A marriage contract should not contain restrictions in the field of legal capacity or capacity of spouses, including their rights to apply to the courts for the protection of their own rights, regulation of personal non-property relations, rights and obligations of spouses in relation to children.

It cannot include provisions that limit the right of disabled needy spouses to receive maintenance, nor can it include other conditions that place one of the spouses at a serious disadvantage. Also, they should not contradict the basic principles of family law.

The insurance contract contains a provision that these terms of the contract must be considered void.

The law formulates mandatory requirements for the forms, procedure for concluding and content of a marriage contract (agreement). Such an agreement can only be concluded in writing and must be certified by a notary. If there is an agreement, the spouses have the right to change or terminate it at any time by formalizing the new agreement reached in writing in notarial form.

Unilateral refusal to fulfill the terms of the marriage agreement is not permissible. Changes and termination of a marriage agreement in the courts at the request of one spouse are made on the grounds provided for in Articles 450-451 of the Civil Code.

In accordance with the provisions of these articles, a significant violation of contracts by the other party or a significant change in the circumstances on which the parties based when concluding the contract, etc. are considered.

Note 4

A prenuptial agreement may be terminated simultaneously with the termination of the marriage, in addition to the obligations of the parties that are provided for upon its termination.

Spouses must be given the opportunity to divide their common joint property. The legislator did not connect this with the fact of divorce. The IC states that property can be divided during marriage, at the time of divorce or after it. In the latter situation, the claims of former spouses regarding the division of common property are subject to a statute of limitations of 3 years.

The division of common property occurs upon mutual agreement of the parties. It is formalized by an appropriate agreement (on the division of property), if an agreement on the division could not be reached in court. The claim is made by any spouse, both spouses, or their creditors to foreclose on a share in the common property.

It is also necessary to divide the property mass that is under joint ownership. This is based on the value of individual items that are indicated by one of the spouses, or on the basis of an appointed forensic examination. The amount of property can be determined by its actual condition at the time of resolution of the case.

The main calculation may be the prices that exist for similar property within a certain territory.

Paragraph 1 of Article 39 of the RF IC establishes the rule according to which, during the division, the shares of the spouses can be recognized as equal, but the court has the right to deviate from the beginning of the equality of the shares of the spouses, taking into account the interests of minor children or the noteworthy interests of one of the spouses.

Certain types of property and certain things can be distributed between the parties through the court. It is based on the requirements of each spouse, taking into account their needs. When indivisible things of high value are included in joint property, they must be transferred to one of the spouses, and the other spouse must be awarded appropriate material compensation.

Source: https://Zaochnik.com/spravochnik/pravo/pravovedenie/lichnye-i-imuschestvennye-prava-i-objazannosti-sup/