Division of property in a civil marriage

The division of property in a civil marriage is a very painstaking and complex process, since at this point in time there is no law that would recognize equal rights between spouses of an official and unregistered marriage.

In order to receive your share of jointly acquired items, if you are unable to resolve the conflict by agreement, you will need to file a claim in court.

Read on to learn more about how to do this, what supporting documents are needed, and what rights you have when dividing jointly purchased property.

Question about the division of jointly acquired property

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

The question of dividing jointly acquired property often arises among couples who separate after living in a civil marriage for some time.

There are usually two main ways to solve the problem associated with the division of jointly acquired property: a peaceful agreement and legal proceedings by filing a lawsuit.

The choice of the necessary procedure often depends on the relationship between former cohabitants.

1. Peace agreement (pre-trial). In this case, the cohabitants independently enter into an agreement, which stipulates who gets what fairly or by mutual decision on the principle of who is more important. Such an agreement can be certified by a notary as insurance against the fact that in a couple of days your half will change their mind and renounce their words and decisions.
2. Trial. In cases where a calm settlement of the issue of division of acquired property during the dissolution of a civil marriage is impossible, the former cohabitants need to go to court and file a statement of claim. As judicial practice shows, such a claim is divided into two subcategories. In the first case, the claim is filed with a requirement to recognize the right of a specific entity to a part of the joint capital. In the second case, a claim is filed to deny unjust enrichment at the expense of the cohabitant (if the former common-law spouse demands to give up property to which he has nothing to do).

• A sample statement of claim for the first case can be downloaded here.
• A sample statement of claim for the second case can be downloaded here.
• It is impossible to file a lawsuit asking for the division of joint property in court, since the law of the Russian Federation as of 2018 does not regard civil marriage as full-fledged, and all capital acquired during cohabitation is the property of the person who made the purchase.

The exception is cases if an agreement was drawn up in advance between the cohabitants on the division of wealth in equal terms or in some specifically established ratio. Then, on the basis of an official document, you can file a claim in order to obtain, with the help of the court, a part of the property agreed in advance.

What property is considered joint?

Joint property that is subject to division includes:

• real estate;
• vehicle;
• plot of land;
• precious stones and gold;
• household appliances and tools (art, music, construction);
• money (bonus, pension, scholarship, winnings).

Capital that is not subject to division includes:

• purchases made before the start of cohabitation;
• things purchased with the personal money of one of the spouses or on credit in his name;
• goods for personal use (the only exceptions are expensive items and luxury items);
• intellectual property or copyright;
• inheritance;
• present.

The practice of dividing the capital of a civil marriage

Dividing the capital of a civil marriage in practice is an incredibly complex and confusing process, since on your side there is no law recognizing the marriage as valid, and your case is not considered in any way in the Family Law of the Russian Federation. The main difficulties that cohabitants face when trying to divide purchased property through the court are the following:

1. It is necessary to describe in detail all existing property (which is subject to division) with clarification of when it was acquired and for what purpose, who initiated the purchase and how exactly the common-law spouse treated this purchase.
2. A big difficulty is also the moment of proving the fact of investing your savings in the purchase and your right to this item.
3. Judicial practice provides for the drawing up of an agreement between cohabitants on shared ownership and the procedure for dividing and operating common capital and real estate. Therefore, another task for you will be to explain to the court why you neglected this agreement.

Please note that obtaining court recognition in any matter is possible only if there are supporting documents; oral agreements and understandings between spouses will have no value.

Rights to property during its division

Your rights to property when dividing it will need to be proven in court.

The first thing that needs to be done is to prove the very fact of the existence of the family, and therefore the existence of rights to the division of acquired and acquired property during the period of the existence of the civil marriage.

Since living together for a long time cannot remain without any related purchases and joint affairs, in order to establish the fact of the existence of married life outside the framework of registration, the court’s attention can be focused on the following things:

• the presence of a common household, which would not appear for people just starting a relationship;
• joint expensive or massive purchases (here one cannot do without confirming the joint contribution of money to the purchase).

Supporting documents include checks, receipts, statements from a joint or separate account, income certificates, statements of witnesses (neighbors, friends, colleagues), personal photographs, videos, correspondence, etc. Any information that proves the existence of a common-law family will be useful. The more information you provide to the court, the greater the likelihood of resolving the dispute with its help.

Judicial practice regarding civil marriage

Judicial practice regarding a civil marriage, after the dissolution of which there is no possibility of dividing property by agreement, requires the preparation of a statement of claim. The claim must include the following information:

• passport details and contact telephone number of the plaintiff;
• name of the claim;
• the reason for going to court;
• list of capital that is subject to challenge;
• a list of supporting documents that the plaintiff can attach to the claim;
• request for resolution of controversial issues;
• date and signature.

Important! This statement must be written correctly, legibly and easily understandable. Thoughts should be expressed clearly, concisely and without unnecessary details that are not relevant to the matter (personal grievances, empty accusations, etc.). You may provide additional information if you believe it is relevant to the case and may be considered by the court.

The procedure for filing and considering a claim by court includes several steps:

1. Selecting the appropriate judicial authority for a specific situation. If the amount of the disputed property does not reach the figure of 50 thousand rubles, then it is necessary to apply to the magistrate court. If the amount is higher than this, you should contact the district court.
2. Selecting the required court department. The selection criteria should be based on the registration address of spouses who were in a civil marriage.
3. Payment of state duty.
4. Filing a claim in court and waiting for a hearing date to be set on the topic of property division.
5. Participation in a court hearing, where it is necessary to clearly answer the questions posed and speak only to the point. Based on the hearing, the judge makes a decision.

Division of property in a civil marriage after death

The division of property in a civil marriage after the death of one of the spouses has no legal basis, since the spouses in a civil couple are not entitled to inheritance rights.

Due to the fact that the fact of marriage was not formalized at the official level, the cohabitant is not related in any way to the deceased and is not included in any line of inheritance (in a registered marriage, the spouse and child are the primary heirs of the spouse’s capital).

An exception to the rule may be the presence of a will officially certified by a notary, which will contain the details of the civil partner. If such a document exists, then after its publication the cohabitant becomes the official heir, and this decision does not require additional evidence.

Division of property with children

The division of property of a civil marriage, if there are children in it, is more difficult, since relations between parents and children outside of a registered marriage are not regulated in any way by the Family Law of Russia.

Only the rights of the child are protected by state policy regarding motherhood and normal childhood. This fact implies many restrictions and responsibilities for the baby’s father.

If it is officially established that the common-law spouse is the biological father of the child, then the man has the following responsibilities:

• take part in the child’s life;
• in case of dissolution of a civil union, pay the required alimony;
• give the child the right to inherit.

If, during the termination of cohabitation, a woman has a child to whom her companion had nothing to do, then the man has the right to refuse all of the above responsibilities.

All goods purchased in the child’s name cannot be divided between the parents, as they belong only to him. In such cases, division of property can only take place if part of the proceeds is deposited in the child’s bank account.

In conclusion, it is worth noting that in order to safely purchase expensive property and carry out transactions involving large investments during the period when you are in a civil marriage, you should enter into an agreement with your partner on the division of joint capital.

This procedure will save you from legal proceedings in the future, help save your nerves and protect children from participating in a conflict between parents.

It will also be a good guarantee that you will not be left without, for example, a jointly purchased living space, registered in the name of only one of the partners, in the event of unforeseen circumstances or his death.

Practicing lawyer in the field of consumer rights protection. Author and editor of articles on the Rukazakon portal.

Source: https://rukazakona.ru/semejnoe-pravo/razdel-imushhestva-v-grazhdanskom-brake.html

Division of property in a civil marriage between spouses

Division of property in a civil marriage between spousesAverage rating 5 from 3 users

Living together without officially registering a relationship now won’t surprise anyone. For everyone, such a situation can have its positive and negative sides. The main problem that spouses may encounter is the division of property in a civil marriage.

What is a civil marriage

According to international law, a civil marriage is considered to be a family union that was registered by government agencies without the participation of the church. In Russia, such structures include registry offices.

In common parlance, a civil marriage is usually called the cohabitation of a man and a woman who have not registered their relationship, but live in the same territory and run a joint household.

The Family Code does not regulate this type of relationship in any way. A marriage registered in the registry office in accordance with all the rules is recognized as civil.

This procedure primarily affects the property insecurity of the parties. The fact of cohabitation does not give the right to claim jointly acquired property.

Further in the article, cohabitation without proper registration will be referred to as civil marriage.

Changes in the law

In 2018, a bill was submitted to the State Duma for discussion, which, if adopted, would equalize between persons living in an official and civil marriage. But the Committee on Family and Motherhood Affairs did not support the innovation, and the new law was rejected. At the moment, all property disputes between cohabitants are resolved based on Art. 254 of the Civil Code of the Russian Federation and Art. 38 RF IC.

Property acquired in a civil marriage

And although officially property acquired in a civil marriage in 2020 is not equal to property acquired jointly in an official marriage, there are ways to resolve this issue. The process of resolving controversial issues will simply be based on laws that regulate property relations between strangers.

All material assets that are in the possession of common-law spouses can fall into two categories of property:

• separate;
• joint share.

Let's look at both types in more detail.

Separate property of cohabitants

Property in a common-law marriage usually falls under the category of separate property. According to the Civil Code of the Russian Federation, this means that it will belong to the person for whom it is registered.

Read also: Payments to children under three years of age in 2020: large families, low-income people

If during division in court the question arises of the need to make a decision on the transfer of one or another material value, then the presence of the following facts will be taken into account as evidence:

• witness statements;
• payment documents for the purchase, indicating the date of purchase, names of owners, etc.;
• certificates of inheritance.

If the necessary papers are not completed properly, then subsequently it will be difficult to prove the fact of involvement in the acquisition of any item. Then the court decision will depend on many related factors.

How to divide property acquired in a civil marriage between cohabitants.

Shared ownership

To avoid misunderstandings when dividing property acquired in a civil marriage, the parties can draw up an agreement on common shared ownership. We are primarily talking about real estate. According to this document, property can be divided between persons in strictly established shares.

A sample agreement on determining shares in shared ownership can be downloaded on our website.

It is advisable to draw up this document separately for each object.

How to recognize property as common

If the question of recognizing property acquired in a civil marriage as common property had arisen 10 years ago, the answer would have been unequivocal - it is not feasible. At present, there are enough similar precedents. It should be noted that the property will be recognized only as shared property.

To make such a decision, the parties must go to court, where they will need to prove the presence of the following factors:

1. The existence of a long-term serious relationship that was perceived by others as a family.
2. Maintaining a joint household and having a common family budget. As evidence, documents will be accepted here that confirm that the property registered in the name of one of the spouses was purchased using the money of the other party (a receipt for receipt of finance or a check with a non-cash payment by card).
3. The presence of property that both parties recognized as common. Here, the evidence will be bank loans, for which the second party acts as a guarantor or provides his personal property as collateral to obtain a loan.
4. Funds for the purchase of the disputed property were provided by both parties.

Should property be divided if the marriage is not registered? If you approach the issue correctly and keep the main payment receipts, checks, etc. during your life together, then there is a real chance to get recognition through the court that property acquired in a civil marriage is common property.

Is property acquired in a civil marriage divided?

If common-law spouses cannot come to a common agreement regarding the division of property, then they have only one option left - to file a claim in court.

An example of a sample claim for recognition of shared ownership and allocation of a share can be downloaded for review.

The decision made will depend on the quality of the evidence presented. Therefore, before going to court, you need to collect the maximum number of documents that can testify in favor of the plaintiff’s case.

How to divide property in a civil marriage

So, the civil marriage breaks up, and the spouses cannot agree on jointly acquired property. One of the parties draws up a claim and files it in court.

If a professional lawyer is not involved in the writing, then the plaintiff himself must indicate that, at his request, non-joint property should be divided, because by law it is not considered as such.

The claim is drawn up not according to the rules of the RF IC, but according to the norms of the Civil Code of the Russian Federation. There are two types of these:

• claim for recognition of ownership of a share in property;
• claim of unjust enrichment.

Before filing a claim, we recommend that you consult with a lawyer who specializes in such cases.

To collect a good evidence base and correctly prioritize the future process. In this case, the judge will be able to form an objective picture of the parties involved.

Claim for recognition of ownership of property

As a rule, property acquired in a civil marriage, due to the inexperience of the parties or their trust in each other, is registered only in the name of one person. But at the same time, funds that were earned by the other party are used for the purchase.

To achieve the division of such property, the other party files a claim in court indicating the following information:

• how and with whose funds the purchase process was carried out;
• what does the plaintiff see as an infringement of his property rights;
• What evidence does he have to confirm the right to the acquired property?

The application is submitted to a court of general jurisdiction. Such cases are subject to the standard statute of limitations under the Civil Code of the Russian Federation, which is 3 years.

The countdown begins from the moment the plaintiff learned of the violation of his rights.

Claim for recovery of unjust enrichment

If a party cannot prove its right to property acquired in a civil marriage, then it is worth trying to return the personal savings spent on its purchase. To do this, you should present to the court a receipt for the money or checks, which show that the money went from the wife’s personal account to pay for property registered, for example, in the name of the husband.

Division of property in the presence of children

The presence of joint children does not directly affect the process of dividing property. We should start with the fact that children born in a civil marriage must be recognized by their father. If this does not happen, then the fact of paternity will again have to be proven in court.

If there are children, the division of property after a civil marriage in 2020 is carried out according to the standard scheme. That is, if the second party is able to provide evidence of the fact that it invested personal funds in the purchase, then the property can be divided into shares or the plaintiff will be paid monetary compensation.

How is property divided in a civil marriage if there are children?

In some cases, the court may oblige the parent who owns the apartment to grant his child the right to live in it, and his mother along with him. But this is only provided that the child is recognized by the father in compliance with legal norms and his mother does not have her own satisfactory housing into which they could move after the end of the marriage.

Credit and financial circumstances section

Items acquired with borrowed funds in a civil marriage are not considered jointly acquired property. The person for whom it was issued must be responsible for the loan. Except in cases where the other party provides documentary evidence that it participated in the payment of the loan debt.

Legal exceptions are provided only in the following situations:

1. The loan was issued during the existence of a civil marriage, and payments were made after the couple entered into an official marriage. In such a scenario, one of the parties can count on monetary compensation.
2. The loan of one of the spouses was repaid using a loan issued to the second spouse.

When dividing any loan, it is important to provide evidence that the funds received under it went to the joint needs of the spouses. Otherwise, all responsibility for the loan lies solely with the person in whose name it was issued.

Can an apartment be subject to division?

In 2020, residential premises purchased during a civil marriage can be divided only in two cases. The first assumes that the spouses have drawn up an agreement on the division of shares. Then the court will focus on him.

The second provides that one of the parties will be able to provide documentary evidence of the fact that her personal savings were used for the purchase. This could be a receipt for receiving money or a check for transferring funds from an account.

The presence of children does not affect the division of the apartment. It is also worth considering the fact that maternity capital is prohibited from investing in the purchase of real estate if the parents are not officially married.

Arbitrage practice

The nature of decisions in court cases related to the division of property of common-law spouses has changed significantly over the past 5 years.

Currently, the percentage of lawsuits after which the property of the spouses was divided into shares has increased significantly. But this is only possible if there is a good evidence base.

Without being officially husband and wife, you should not count on significant protection of your material interests. Although both parties can use property in a civil marriage, the property right to it is assigned only to one person, with the exception of a number of cases.

Source: https://razdel-imushhestva.org/sovmestnoe/v-grazhdanskom-brake.html

Division of property in a civil marriage

Often spouses have to think about dividing their jointly acquired property. This often happens during a divorce and is carried out in accordance with Russian law. However, with an official marriage everything is quite clear, since there is the RF IC, which determines the rules for divorce and division of property. What about those who lived in a civil marriage and were not officially registered? What laws are there that allow you to divide everything acquired during a civil marriage?

Law on division of property in civil marriage

There is currently no law in Russia directly regulating the division of property in a de facto marriage. The most important thing is that, from a legal point of view, there is no very concept of “civil marriage”.

According to the norms of Family Law, only that union that is officially registered with the registry office is considered marriage.

If a couple does not have documents confirming registration, then their cohabitation is considered cohabitation.

In this case, cohabitants cannot have jointly acquired property. In general, the concept of joint ownership in the absence of marriage registration does not apply. This means that in the case of division of property upon the breakup of a couple, completely different provisions of the law come into force. They rather relate to common shared ownership and are regulated by the Civil Code of the Russian Federation.

On the application of the law in the case of the breakdown of an unregistered marriage, the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 3 of February 21, 1973, decided that when considering such cases, judges should be guided by Art. 252 of the Civil Code of the Russian Federation.

Problems and nuances

The main difficulty that arises for separating persons who were previously in a de facto marriage is the need to prove their financial participation in the acquisition of a divisible or disputed object. In order to receive part of such property, it is necessary to provide the court with evidence:

• checks and receipts, from which it is clear that it was the person who applied for the division who paid;
• testimony of witnesses who can explain both the fact that the parties to the case live in a civil marriage, and the fact that the subject of the dispute was acquired by one of them, or with the participation of both.

That is why the division of property in a civil marriage resembles the allocation of a share from the common shared property. However, first the former cohabitants will have to prove that each has a share in the dividing property.

There is a real opportunity to avoid all the legal problems that may arise due to the breakdown of an unregistered marriage.

To do this, during the period of its existence, the spouses must enter into appropriate agreements for all large or significant real estate objects and other property.

However, practice shows that the parties usually neglect this rule, since they do not foresee the possible outcome of the existence of a civil marriage in such a scenario.

Claim for division of property in a civil marriage: sample

Judicial practice in resolving disputes regarding the division of property between persons in an unregistered marriage is varied. It does not have a single scenario, since judges act in this matter at their own discretion, taking into account all the features of the case.

In any case, if a civil marriage breaks up, the former spouses can divide the property independently. If an agreement cannot be reached, then there is only one way left - to court.

To apply to the judicial authorities, you must draw up and submit a claim. In the case of an actual marriage, the matter is complicated by the lack of registration, so filing a claim on your own will not be easy.

That is why it is better to study a sample of such a claim in advance or use the services of a professional lawyer.

In the text of the statement of claim, it is necessary to state the essence of the requirements as fully as possible and indicate your participation in the acquisition of property.

Read also: Tax deduction for a child’s education: at a university, in kindergarten, in college, documents 2020

To court)

Plaintiff _____________ (full name)

Defendant ___________ (full name)

Statement of claim for division of common property

I ____________ (full name) and the defendant ___________ (full name) since ________. lived together and ran a common household. During this time period the following were purchased using general funds:

1. ___________(object, characteristics);
2. ___________(object, characteristics), etc.

• The total cost of all objects based on the assessment results is ___________ rub.
• During the period of our life together, our relationship fully corresponded to the concept of family, with the exception of the presence of official registration.
• The defendant refuses to partition the property peacefully and does not agree with the proposed division plan.

According to the norms of Art. 252 of the Civil Code of the Russian Federation, all property acquired with the common funds of persons is considered their common shared property. At the request of one of the participants, it can be divided among all owners. If others are unable or unwilling to do this peacefully, the interested participant has the right to demand a judicial resolution of the issue.

In connection with the above, I ask:

1. Separate my share in _________(object).
2. Establish ownership of ________ (object), etc.

Signature_________ date _________

Thus, as a result of the breakdown of a civil marriage, according to the norms of Russian legislation, one cannot be guided by the laws and norms on family and marriage. This is due to the lack of official registration of the union.

However, property can be divided according to the norms characteristic of common shared ownership. The complexity of the case lies in the obligation to prove to each of the former spouses the existence of their participation in the acquisition of property.

Source: https://ORazvode.com/razdel-imushhestva/razdel-imushhestva-v-grazhdanskom-brake.html

Division of jointly acquired property in a civil marriage

Article current as of: January 2020

Many couples are in no hurry to go to the registry office, preferring to simply live together, take a closer look at each other, sometimes such unions last a long time, couples acquire joint property, but are still in no hurry to legitimize their relationship. The legal term for such relationships outside of marriage is cohabitation, but many people call them common-law marriages.

At first glance, such relationships are convenient for everyone, but from a legal point of view they are fraught with some legal problems, especially in cases where citizens have lived together for a long time, acquired joint property, and then decided to separate.

Is it possible to divide property acquired in a civil marriage?

Property relations of spouses living in a civil marriage are not regulated by the norms of the UK, since their relations are not official. All property acquired during such a marriage is considered either personal, if it is registered in the name of one of the spouses, or in shared ownership.

How is property divided in a civil marriage?

Usually some expensive purchase is made in the name of one of the spouses. For example, when buying a vehicle, most often the spouse becomes the owner, and if they separate, it will not be easy for the wife to prove that she also invested in its purchase.

But there are ways of civilized division of property in such difficult situations. There are three options:

1. Concluding an agreement between cohabitants on the division of joint property and determining the shares of each of them. The option is acceptable only in cases where the spouses have maintained normal relationships and are able to negotiate.
2. One of the former cohabitants files a claim to determine the procedure for using the property, and he must prove that he invested his own funds in its purchase. This option is acceptable if it is impossible to divide in kind or allocate a share from the common property.
3. The plaintiff files a claim for division of property or allocation of its share. It is also necessary to prove participation in the purchase of such property.

Difficulties that may arise during division

As mentioned above, when dividing property acquired in a civil marriage, some difficulties arise, namely:

1. It is necessary to prove the right to common property and determine the point in time when this right arose, as well as the purposes for which the property was purchased and other factors that could help in recognizing the right of each spouse to certain property.
2. Shared ownership in a civil marriage arises only in cases where both parties contributed money to the acquisition of this or that property and can prove this, or when concluding a formal agreement on the creation of shared ownership.
3. Oral agreements to determine the procedure for the use and ownership of common property in a civil marriage are unacceptable and will not be taken into account by the court.

Is credit shared in a civil marriage?

When spouses living in a civil marriage separate, all loan obligations remain with the one for whom the loan was taken.

Often, when a loan is issued to one of the spouses, the other acts as a guarantor; in this case, if a situation arises where the borrower is late in payments, the credit institution may involve the guarantor in repaying the loan. But this procedure for joint and several liability for a loan applies in any case, not only when borrowers and guarantors live together.

How to divide property in a civil marriage through court

So, the couple lived in a civil marriage for several years, acquired property, and then decided to separate. It was not possible to agree on the division; the division remains through the courts. What steps need to be taken and what pitfalls may arise with such a division?

Proving the right to joint property

When filing a claim for division of property acquired in a civil marriage, the plaintiff must prove the following episodes:

1. Cohabitation with the defendant during the period of time during which the disputed property was acquired.
2. Joint management of a common household for the same period of time.
3. Joint purchase of the property claimed by the plaintiff. In this case, the applicant must prove how much money he contributed to the purchase of this property.
4. Absence of evidence of separate use of joint property.

Difficulties arising during the division of property acquired in a civil marriage and ways to solve them

When people start living together in a civil marriage, they, of course, do not think about the possibility of separation and subsequent division of property. Therefore, few people care in advance about collecting evidence of the purchase of certain things: receipts are thrown away, receipts and contracts are lost.

When entering into an official marriage, people increasingly enter into a prenuptial agreement; why not also insure against the possible division of property during cohabitation?

Loss of documentary evidence is one of the possible problems when dividing property, but there is a second, no less complicated one, which can arise after filing a claim.

The defendant, after being notified of the plaintiff’s initiation of legal proceedings, can simply get rid of the disputed property: sell it, donate it, in other words, get rid of the disputed property before the start of the court hearing. In this case, the subject of the dispute itself disappears, since only actually existing property is divided in court.

The third problem may arise after the trial if the court has issued a ruling on monetary compensation to the plaintiff from the defendant.

The defendant may try to hide his income in order not to pay compensation at all or to stretch out payments over a long period of time.

Debtors often change jobs and find unofficial employment in order to hide their real income.

Claim for division of property in a civil marriage

The statement of claim for division of property must contain the following information:

1. The name and details of the judicial authority to which the claim is being filed.
2. Personal information about the plaintiff and defendant in the case.
3. Personal information of witnesses in the case.
4. Cost of claim.
5. A list of all disputed property with a description of its value and time of acquisition.
6. A statement of the circumstances and reasons why the applicant is filing a statement of claim.
7. Claim.
8. List of documents attached to the claim.
9. Date and signature.

This is important to know: Division of joint property after death

The following facts must be proven:

1. Sources of funds used for purchases. This could be a certificate in form 2-NDFL about the amount of wages, a bank account statement, a loan agreement, or other documents.
2. Everyone's share in the acquisition of property.
3. Other facts that can prove the plaintiff’s right to a share in the disputed property.

Required documents

The following list of documents must be attached to the claim:

1. Copies of passports of the plaintiff and defendant.
2. Title documents for the disputed property.
3. Checks, receipts and other evidence in the case.
4. Receipt for payment of state duty (original).

The state duty is calculated depending on the value of the claim.

Table 1. Calculation of state duty when filing a claim for division of property

Property value, rub.
Deduction from the amount, rub.
Constant, rub.
State duty (percentage of property value, %)
State duty limit, rub.
Up to 20,000 — — 4 Not less than 400 20,001—100,000 20,000 800 3 — 100,001—200,000 100,000 3,200 2 — 200,001—1,000,000 200,000 5,200 1 — Over 1,000 000 1,000,000 13,200 0.5 Not more than 60,000

Arbitrage practice

In practice, winning a lawsuit for the division of property acquired in a civil marriage is quite difficult, since the necessary documents are often lost long ago, there are no witnesses, so it is not always possible to prove the fact of a joint purchase. Therefore, the injured party usually tries to reach an agreement with the defendant during the process.

Another difficulty in dividing property for unmarried persons is that the fact of joint acquisition has been proven in court, but determining the shares of each party is impossible. In such cases, the court usually divides the property between the former cohabitants equally.

Example 1 . Natalya R. filed a claim for the division of a vehicle that she acquired together with Ivan K. at the moment when they lived in a civil marriage.

The purchase and sale agreement was issued in the name of her former partner, but she paid one third of the cost of the car from her bank deposit.

Also, during the operation of the car, she incurred the costs of repairing the vehicle after an accident, and paid all taxes and duties associated with the car.

The plaintiff provided the court with bank statements and receipts for car repairs; all amounts and dates matched.

Since the court was unable to determine the shares of each party, it decided to determine the shares equally between the plaintiff and the defendant and made a decision on the defendant to compensate Natalya R. for half the cost of the vehicle, determining the amount of compensation taking into account the wear and tear of the car.

Example 2 . A citizen of Nikolaev filed a lawsuit to recognize her ownership of the garage. In the statement, she indicated that she had lived with her partner for three years; a year ago she took out a loan to purchase a garage building and was still paying it off, although the civil marriage had already broken up.

To prove her words, she presented the court with a copy of the loan agreement and a copy of the documents for the purchase of the garage. The loan amount corresponded to the value of the purchased property. The plaintiff also invited two witnesses who confirmed that she took out a loan to purchase a garage, although the property was registered in the name of the defendant.

In court, the plaintiff stated that the defendant did not have sufficient funds to purchase such expensive property, since he did not work anywhere and lived mainly at the expense of his common-law wife and rare odd jobs. The defendant stated at the court hearing that the garage was purchased with his funds, but could not prove that he had such sums of money.

The court satisfied the request of citizen Nikolaeva and ordered the defendant to re-register ownership of the garage building to the plaintiff, as well as to pay the latter the money she spent on paying the state fee in the amount of ten thousand rubles.

Voluntary agreement

If a couple who have lived in a civil marriage for some time decides to separate, but at the same time maintain normal relations, then they can resolve the issue of division of property by agreeing among themselves - who gets what of the property after the breakup.

Read also: Agreement on payment of alimony to a spouse

Moreover, even during the period of cohabitation, they can make joint purchases into shared ownership, then the division will take place without any special incidents.

But they cannot enter into a voluntary agreement on the division of property in the same manner as legally married cohabitants, since such an agreement is possible only in marriage. No notary will certify an agreement on the division of property between cohabitants under any circumstances.

Civil marriage (cohabitation) in no way protects the property rights of cohabitants to the extent that they would like. Proving joint purchases is difficult, sometimes almost impossible. Therefore, people living in a civil marriage must take care of their property interests in advance in the event of separation.

If this does not happen, there are no checks, receipts, certificates, and the couple is breaking up, then the best option to protect your rights would be to contact a competent lawyer at the first stage of initiating a division. The lawyer will tell you what can be done in each specific case, help you collect the necessary evidence, and, if necessary, represent the interests of the client in court.

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Official rating of companies for the division of property in a civil marriage in Moscow

Place in the rating
Company name
Overall rating
Date of compilation
1 Legal group "MIP" 98%

Source: https://tvoizakon.ru/razdel-imushhestva-sovmestno-nazhitogo-v-grazhdanskom-brake/

Division of property in a civil marriage - help from professionals

Legal encyclopedia "MIP" » Division of property » in a civil marriage

Content

Providing initial legal advice, in the office or via contacts on the website Free Providing extended oral or remote consultation to clients From 1,500 Written consultations indicating legal norms and references to legislation From 2,500 Determination of shares in case of division in a civil marriage From 3,500 Drawing up and support of settlements agreements between the parties From 6,500 Drawing up statements of claim, as well as responses to the claim From 5,000 Drawing up procedural motions, for example, for the arrest of objects From 2,100 Formation of an appeal or cassation complaint From 3,200 Collection of evidence for trial on division in a civil marriage From 5,600 Representation of interests in the initial court instance From 40,000 Representation of interests in the appellate or cassation court instance From 42,000 Support of enforcement proceedings in case of need for recovery From 6,400

Despite the fairly common phrase “civil marriage,” such a concept is not enshrined in any way by current legislation. By default, it represents the usual cohabitation of two people, during which they can also acquire certain property, including real estate and other valuables.

This type of cohabitation is not protected in any way by the state, therefore, if people decide to separate, the process of dividing property will immediately create additional problems and serious difficulties.

In accordance with the provisions of the Civil Code of the Russian Federation, all property acquired by two persons during cohabitation, in the absence of an officially concluded marriage union, can be divided into two main categories:

• Separate property. Under this regime, certain material assets will belong to the person who made their purchase or payment;
• Joint shared ownership. This category includes all things that were purchased with general funds.

Consequently, if during the cohabitation a woman did not work, but, for example, took care of the house, while the man’s responsibilities included providing them with financial support, she will not be able to claim absolutely to receive certain values ​​in the event of division.

Existing judicial practice also shows that if a woman has unofficial earnings that cannot be documented, it will also be practically impossible to obtain a certain share of the property.

Is it possible in principle to divide property in a civil marriage?

Legal relations of a property nature between two persons who cohabitate are not regulated by the legislative standards of the Family Code of Russia.

This is due to the fact that relations between citizens are not registered by law.

In this regard, the question arises regarding the division of property as a result of separation and dissolution of a civil marriage - is this carried out at all, as well as how it is implemented in practice.

Ownership criteria must be defined. If they were acquired during cohabitation, the objects can be classified:

• Personal – in the event that a specific object is registered to one of the persons;
• Jointly owned (assumes ownership of equal or independently established shares of a specific object). 

The regulation of any relationship between cohabitants, including the division of property of individuals in a civil marriage, is based on mutual agreements. This does not always guarantee a fair decision.

For example: a married couple is interested in the division of property during cohabitation, in particular, the division of an apartment in the purchase of which they both took part.

If the property is registered in the name of only one of the citizens, the second will need to prove that he also took part in the acquisition, otherwise actions to distribute shares or reimburse funds will be impossible. 

Division of property in a civil marriage: how to recognize it as common?

In the case of division of property purchased together in a civil marriage, it is necessary to prove that both parties used personal finances when purchasing things. In order for objects to be recognized as common, several points will need to be proven:

• Living together between citizens during the period of time when the property was acquired;
• The fact of joint farming and joint use of property;
• The fact that both citizens have invested money in the property (it is additionally recommended to attach information about exactly how much money was spent for the purchase). 

For the division of property acquired in a civil marriage, the following evidence can be presented as evidence:

• Information received from relatives, mutual acquaintances, friends, neighbors. A summons to the hearing may be required;
• Personal correspondence between cohabitants;
• Receipts, invoices, bank statements and checks. 

To implement the presented procedure in practice, the most difficult stage is the collection of the presented evidence. For example, it is not so easy to include correspondence - it must be notarized, and even in this case it may not be included in the case, especially if the other party does not agree.  

Methods for dividing property, determining rights, distributing shares in a civil marriage

The division of property that persons bought with common finances in a civil marriage is a procedure that is regulated not by the Family Code regulations, but by the standards of the Civil Code of the Russian Federation, in particular Article 244 of the Civil Code of the Russian Federation. Methods that can be used:

• Voluntary. Former cohabitants draw up and sign documentation that sets out the rules regarding the subsequent fate of the property;
• During legal proceedings. Through court proceedings, either the order of use of objects or the determination of shares is determined.  

Let's consider each of the presented methods in more detail. 

Voluntary division of property in a civil marriage 

In the event of a peaceful separation of a couple, the law provides for the possibility of distributing property or shares of property by drawing up a peace agreement that will have legal force. However, a settlement agreement may not always be required: there is a list of property that does not require legal confirmation:

• Transport;
• Financial assets;
• Household appliances, electronics and other small property. 

A settlement agreement is concluded when dividing large objects, for example, residential space, land plots or other real estate, business. The shares of nominal spouses will be recognized as equal in accordance with Article 254 of the Civil Code of the Russian Federation.

If it is assumed that the shares of former cohabitants should be different, the information should be spelled out in detail in an additional annex that is attached to the purchase and sale agreement for the property.

An additional agreement on shares can be drawn up and signed later, but in this case it must be notarized. 

To conclude a settlement agreement, it is recommended to seek assistance from an experienced human rights lawyer. The specialist will study the requirements of both parties, and will also help to record the decision made regarding the division of property in a civil marriage in accordance with the standards of legislative articles and acts.  

Division of property in a civil marriage in court proceedings

To initiate legal proceedings, it is necessary to formulate a claim to initiate legal proceedings, which will outline the requirements: identification of shares in kind or percentage, determination of rights for disposal. Before approaching the judiciary, it is necessary to remember the principles on which judges are based in 2019:

• The fact of living together will not act as a significant basis for the judge and does not give rise to procedural consequences;
• When dividing property that was bought together by individuals in a civil marriage, the norms of the Civil Code of the Russian Federation regarding common shared property are applied;
• As part of the judicial proceedings, the shares of each participant are determined without fail;
• Objects or things that were inherited by one of the cohabitants or were purchased with inherited money are not subject to division;
• To recognize the right of joint ownership, evidence must be presented - they were mentioned above. 

If a property dispute arises, the optimal solution would be to use the help of a human rights defender, who will draw up the necessary procedural documentation, as well as help in the formation of an evidence base and representation in a judicial body. Give preference to reliable human rights defenders with a good reputation, such as the employees of the MIP legal group.  

Division of property in a civil marriage with children 

If there are children, at the initial stage it is recommended to establish whether one of the cohabitants is the father of the child, if this has not been determined previously. Establishment is possible both privately and during legal proceedings (an examination is prescribed).

In this case, legal relations will be regulated by the norms of the Family Code, and not by the Civil Code of the Russian Federation. Children will have the same rights as children born in a registered marriage. When dividing property during cohabitation, it is necessary to remember that part of the parents’ property belongs to the minor child.

In accordance with the law, a child has the right to the following:

• Receive maintenance from both parents;
• Communicate with both parents, as well as with their relatives;
• Live together with one of the parents and use his living space;
• Receive an inheritance in the first place (the child automatically becomes the heir of both parties if both the father and mother are included in his birth certificate). 

A child who remains with one parent has the right to receive child support from the other parent.

As for property relations, it is necessary to take into account the fact that the child claims a share of the joint property of the parents.

This can be stated in court proceedings - for example, if a minor child remains with his mother, she can make a claim to dispose of his part until adulthood. 

What difficulties can you encounter at the pre-trial and trial stages? 

Among the problems that may be encountered in pre-trial and judicial proceedings are: 

• Even if there were previously some verbal agreements regarding property between the spouses, they will not be recognized by the court as having legal force;
• Shared ownership arises only if both citizens have invested money in the purchase. If, for example, the apartment was purchased with the husband’s money, and the repairs were carried out with the wife’s money, according to the law it will belong to the husband;
• Very often, participants try to get rid of the disputed property before the start of the court hearing - for example, they try to sell it or transfer it to relatives. To prevent this from happening, you should immediately file a petition to seize the object.  

Any problems with the division of property acquired in a civil marriage can be effectively resolved by seeking help from a human rights activist who specializes in the Civil Code of the Russian Federation and family law. 

Source: https://advokat-malov.ru/voprosyi-i-otvetyi/razdel-imushhestva/v-grazhdanskom-brake.html