Civil marriage: cohabitant’s rights to an apartment and property

• Civil marriage is the cohabitation of a man and a woman, which involves living at the same address, running a joint household and having intimate relationships.
• This type of relationship is not officially registered, so the man and woman do not have any obligations to each other from a legal point of view.
• To many, civil marriage seems very convenient, while others view it as something unstable and without any legal basis.
• In fact, from a legislative perspective, unofficial residence is associated with some problems regarding the regulation of property relations between the parties.

Common property in a civil marriage is divided differently than in the case of the breakup of a registered marriage.

Living in an unregistered marriage, people often assume that they will not have to share anything. Such relationships are only a marriage in words, but from a legal point of view, this is not the case at all.

Property acquired in a civil marriage

In an officially registered marriage, all this property would be divided in half upon divorce. And if disputes arise, one party has the right to go to court to defend its interests.

In a civil marriage, the property belongs to the person in whose name it is registered or registered, and the other party is left with nothing.

Regarding household small items, kitchen appliances, dishes, furniture, almost no one keeps receipts for them. Therefore, in the event of a breakup, it is unreasonable to hope that the division of joint property will be fair.

In most such cases, abuse and insults are quite difficult to avoid.

The question immediately arises of how to divide property acquired in a civil marriage . After all, the Family Code of the Russian Federation states that only an officially registered union of a man and a woman is recognized as marriage.

But cohabitation is simply not regulated by law, and referring to the norms of the Family Code when solving a problem in court will not work.

But a civil marriage can be regulated by the norms of the Civil Code of the Russian Federation. Article 244 states that property that belongs to two or more persons is held by them under the right of common ownership.

Therefore, the property of common-law spouses that was acquired during the period of cohabitation can be considered common shared property.

And if a claim is filed with the court to determine the size of the shares and division of property in the event of a breakup, then the cohabitants will be able to protect their rights and divide the property.

Features of the division of property in an unregistered marriage

The answer to the question of how to divide property acquired in a civil marriage can be found in the Civil Code, the rules of which regulate such relations.

In this case, the common property of the common-law spouses can be divided. But in order to dispose of its share, one party must have the permission of the other.

The division will occur as follows: the property will be received by the spouse, who is the official owner.

For example, if the wife did not work, was engaged in housekeeping, and the car, apartment and other property are registered in the name of the husband, then after the breakup of the relationship, this property will go to him.

1. Despite this, if it is possible to prove that the wife also invested her own money in the acquisition of property of which she is not officially the owner, then you can count on division.
2. A rather pressing question is whether property acquired in a civil marriage in 2020 is divided when the property of one of the unofficial spouses is inherited by the other.
3. In this situation, the widower or widow will not be the legal heirs, since there was no registration of family legal ties between them.

If the relationship is broken, the parties need to prove the fact of investing money in the purchase of the property that is planned to be divided.

If the spouses are in a normal relationship and have no claims against each other regarding property, then they can draw up an agreement in which the shares of each party and the procedure for their allocation will be determined.

If it is not possible to reach an agreement, then one of the parties has the right to file a claim to determine the shares in court.

How to recognize property as common

When dividing joint property in an unregistered marriage, it is not enough to simply prove the fact of cohabitation. In court, evidence must be presented that the man and woman actually considered the property to be common and both invested money to acquire it.

Evidence of the following facts should be provided:

• living together for a certain period;
• joint management of a common household;
• absence of separate use of joint property;
• joint acquisition of property, in this case it is necessary to specifically prove how much money was invested by each of the cohabitants.

The following may be used as evidence to recognize common property in a civil marriage:

1. Testimony from relatives, friends, children.
2. Letters, correspondence on social networks, blog posts, forums and websites.
3. Checks, payment receipts and any other documents that confirm the fact of payment for property or making loan payments for it.

The most difficult problem to recognize property as jointly acquired in a civil marriage is the search for such evidence.

For example, in order for an email or correspondence on social networks to be presented in court, its screenshot must be notarized. The court may not accept all evidence for consideration.

If the text of a letter is provided as evidence, attribution will most likely be required. In most cases, to resolve the problem positively, it is better to seek help from a lawyer.

A good specialist will help you collect all the evidence, competently draw up a claim and justify the plaintiff’s claims in court. Success in a legal dispute is a high-quality analysis of documents, development of a legal idea and its implementation in court.

Division of property in an unregistered marriage if there are children

It is not uncommon for cohabitants to have children during a civil marriage. If there is a need for division of property, this moment will be regulated by the norms of the Civil Code of the Russian Federation.

If paternity is established, then property relations between parents and children will be regulated by the Family Code.

It is important to take into account when dividing property that when part of the property was registered in the name of a minor, the parents do not have the right to deprive him of his rights. The law equalizes the rights of children born in a civil marriage with those born in an official marriage.

The regulation of his rights occurs on a general basis. The main thing is that he is officially recognized by his father at the time of registration. Otherwise, according to the law, the baby will only have a mother.

Confirmed paternity means that the child has the right to the following:

1. Receiving maintenance from the father, and not just from the mother.
2. Communication with dad and his relatives.
3. Shared living and use of living space;
4. First line inheritance.
5. Protection.
6. Expressing your own opinion.

If the parents are included in the birth certificate, the child automatically becomes the heir of both parties, as well as other relatives. But it is better to avoid a situation where paternity was not registered at the right time.

Then, if the father refuses to help the child financially, the mother will have to file an application with the court and collect all the necessary evidence.

Only subject to the official registration of their relationship, spouses receive guaranteed protection of their property rights.

Unregistered relationships, regardless of whether there are children or not, are not marriage in the legal sense and do not give rise to legal consequences.

Arbitrage practice

In 2020, judicial practice in such cases is guided by the following principles:

1. The fact of cohabitation itself will not become a valid basis for division in court.
2. Maintaining a common household does not give rise to legal consequences.
3. The presence of these circumstances will allow us to conclude that the rules relating to common shared property can be applied to property acquired during a civil marriage.
4. During the division process, the share of each person must be determined. In such cases, it is quite difficult to determine who and in what amounts invested in the acquisition of common property. To solve the problem, the courts apply Part 1 of Article 245 of the Civil Code of the Russian Federation, which provides for division into equal shares if the shares are not established by agreement of the parties and cannot be determined on the basis of law.

Thus, in order to sue property during a civil marriage, it is necessary to draw up a statement of claim, indicating:

1. All factual circumstances - describe in detail the facts of the purchase of expensive things or real estate.
2. Documents confirming the acquisition of property.
3. Witnesses who can confirm the fact of living together, maintaining a common household, and making large purchases.
4. The specific property that the applicant is claiming and document its value.
5. It is imperative to indicate that the disputed property is common, as it was purchased with the money of both parties for joint use.

Based on the norms of civil law, it is possible to recognize property in a civil marriage as common and achieve a fair division.

But participants in a civil marriage cannot enjoy rights similar to those of legal spouses. Therefore, when the relationship breaks down, they will have to prove their rights to the acquired property.

Video: Division of property during a civil divorce

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Source: http://semeinoe-pravo.net/razdel-imushhestva-v-grazhdanskom-brake/

Division of property of cohabitants in a civil marriage

Some couples find it convenient to live together without officially registering their marriage. But in the event of a breakup, the division of property in a civil marriage leads to problems.

The division of property of cohabitants is difficult, since the Family Code does not define the concept of “cohabitation”. The common property of the spouses is legally regulated. This includes everything that the couple acquired while married.

The fact that the woman did not work, but took care of the house and children, does not matter. Since you bought an apartment during marriage, it means you need to divide it between husband and wife.

Features of the division of property in a civil marriage

An apartment acquired in a civil marriage becomes common shared property. The regime of ownership in common shared ownership is regulated by the provisions of the Civil Code.

The answer to the question, civil marriage, how property is divided, depends on at whose expense the acquisition was made. The property becomes the property of the spouse at whose expense the acquisition was made.

Important! Property in a civil marriage can be divided if you prove how much each party invested in the purchase. Confirmation are checks and payment receipts.

Spouses have no guarantees regarding the division. Conflicts between the parties are resolved by the court.

The property that the parties acquired during cohabitation is common shared property (Article 34 of the Family Code). Consent from the other half to dispose of property is not required.

Options for dividing property in a civil union:

• Reach an agreement. The parties may sign a written agreement. Determine the shares of women and men in the document. This method is suitable when both parties are open to dialogue.
• Sue. A statement of claim is filed with the judicial authorities to determine the procedure for using common property.

Problems of dividing property between cohabitants

Prove rights to jointly acquired property:

• the moment of emergence of the right to common property;
• indicate the purpose of the purchase.

Confirm inheritance rights if the second spouse dies.

According to Part 3 of the Civil Code, spouses, children and parents belong to the first order of kinship. Living without registering a marriage does not give you the right to inheritance.

For example, the Solovyovs lived together for ten years. The marriage was not registered. During their marriage, the couple bought a two-room apartment. The apartment was registered to a man, he made the payment. A woman will not receive rights to property unless she proves that she has invested her own funds in the property.

Shared ownership does not arise by oral agreement. In order for shared ownership to arise in cohabitation, legal registration is required.

2 conditions for the emergence of shared ownership:

• both parties have contributed money to purchases and have proof of payment;
• An agreement was signed to establish shared ownership of the property.

Oral agreements in Russia have no legal significance.

Algorithm for proving investment in a purchase

4 items of proof for division of property:

1. The couple lived together. It is necessary to prove that the couple lived together for a long time and looked like a family in the eyes of others.
2. A man and a woman ran a common household. When living together, a joint budget is maintained, expenses are shared and income is also shared.
3. The cohabitants did not establish separate use of the car, apartment or other property.
4. The division of property acquired in a civil marriage is carried out if each party has proven how much they invested in the purchase.

Read also: How is alimony paid from an individual entrepreneur?

Advice. If your interests are affected by the question of how to divide property acquired in a civil marriage, do not blindly trust your partner. Keep receipts and receipts indicating that you have invested your funds. At a court hearing in the Russian Federation, the testimony of witnesses is also taken into account.

Russian law does not determine the time when property is divided. Spouses can divide their property at any time.

Features of drawing up a statement of claim

3 options for claims:

1. Recognize the right to the acquired house or other property and divide it.
2. Recognize the right to a share in property.
3. Recognize that the obligation to repay the loan is a general one.

There are few examples in judicial practice of the division of property acquired jointly in cohabitation being successful. In order to win an argument, you must clearly formulate your position and support it with evidence.

4 conditions for proving common property:

1. One party assumed the obligations of the other party.
2. The parties jointly invested in the purchase of jointly acquired property. For example, the two of them paid off the mortgage on an apartment, car or house.
3. Each cohabitant has confirmation of repayment of mortgage payments.
4. One spouse provided the other with property collateral for joint acquisition. For example, I invested in the purchase of my car or apartment.

Confirmation of investment of funds

In a lawsuit, it is necessary to prove the amount of money invested in the property that the couple considers to be common. It is necessary to confirm the sources and amount of income, the amount of participation in the acquisition, and the price of the property.

There will be chances for a positive outcome if you confirm the amount of cash investments and contributions with personal labor.

Case Study

The dispute between de facto spouses was considered by the Omsk Regional Court.

The essence of the dispute. A man and a woman lived together. The marriage was not registered with the civil registry office. While living together we purchased an apartment. The man contributed his personal money, and the woman took out a loan from the bank and invested in the purchase.

According to the documents, the housing was registered in the name of a woman. The court decided the issue: the plaintiff received 11/20, and the defendant received 9/20 of the right to housing.

Court findings

1. It was proven that the woman and the man lived together. Witnesses confirmed the fact of cohabitation.
2. The man registered himself in the apartment.
3. The Family Code does not apply, since the marriage was not officially concluded. The rules of the Civil Code apply to the dispute.
4. The man could not prove that he invested exclusively his funds from the sale of the room in the housing.
5. The documents show how much each party contributed.
6. Conclusion. The property is divided: 9/20 goes to the woman, and 11/20 goes to the man.

Recognition of the fact of invalidity of a registered marriage union

This also happens in life: a couple enters into a fictitious union. A man and a woman register their marriage, but in reality have no intention of living together. The property in this case will fall under the regime of common shared ownership.

If a man and woman have signed a marriage agreement, the court will invalidate it. It is considered that the shares of co-owners are equal to each other, unless otherwise agreed.

How to avoid disputes

Disputes can be avoided if the relations of the parties are legally formalized. Cohabitants can purchase in shared ownership. If you wish, you can sign an agreement and transfer the property into common ownership.

According to the law, what the wife and husband bought goes into joint ownership. The only option for making purchases for cohabitants is common shared ownership.

In the agreement, the parties specify where there is common ownership and where there is shared ownership. Shares in property depend on the size of the investment or the decision of the actual spouses. The rule is established by Article 245 of the Civil Code.

Conclusion

The division of property of cohabitants has difficulties in terms of proving the fact of acquisition. You need to be able to prove your position.

The court will take into account documentary evidence of the investment in the purchase. Everyone is free to independently determine whether to formalize agreements in writing.

If agreements on determining the rights to property were not signed, difficulties will arise with proof.

It is possible that one de facto spouse will have the opportunity to profit at the expense of the other spouse if a joint purchase cannot be proven. Personal relationships are often based on trust. The problems arise from the fact that checks and receipts are not always saved. In this case, joint acquisition will be difficult to prove.

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Source: https://zakon.temaretik.com/1599354178901903470/razdel-imuschestva-sozhitelej-v-grazhdanskom-brake/

Does a common-law wife have the right to her husband’s property during a divorce?

Does a common-law wife have the right to her husband’s property during a divorceAverage rating 4.7 from 9 users

Modern Russian society is increasingly moving away from standard family norms and values. Increasingly, a man and a woman live in a civil or guest marriage.

Such relationships have their own charm, but they do not provide protection to the participating parties. The Family Code does not regulate this type of relationship. Here we have to resort to the norms of the Civil Code of the Russian Federation.

Let's consider what a common-law wife has the right to in 2020 and how you can secure your property situation without entering into an official marriage.

What rights do spouses have in a civil marriage?

It is necessary to immediately make a reservation: in Russian legislation, a civil marriage is an official marriage registered with the civil registry office. It does not apply to the cohabitation of a man and a woman, as is common in common parlance.

But to make it clearer, later in the article the term “civil marriage” will be used in relation to couples who have not officially registered their relationship. To fall under this definition, living in one territory is not enough.

It is necessary that the couple maintain a common household and possibly have children together.

Not a single law in Russia regulates relations developing in a civil marriage. From a legal point of view, this is simply cohabitation. This means that it does not carry with it any obligations within the couple in relation to each other.

Even if there is a joint household for a couple, the concept of jointly acquired property is not used in relation to the acquired property. Each purchased object belongs only to the person for whom it was registered.

But it is still possible to resolve legal relations. You just have to focus on this issue not on the Family Code, as husbands and wives do, but on other legislative acts. Those.

property rights will be regulated for men and women, as for strangers. For example, the Civil Code.

This means that in order to obtain ownership of some property, you will need contracts of purchase and sale, donation, inheritance, etc.

This means that when purchasing property with joint money, you must act as if you were buying an item jointly with a stranger.

Document everything, and not hope that in the event of separation in 2020, the common-law wife will receive half of the property from her common-law husband.

As practice shows, people, even after living in an official marriage for many years and having several children, try to increase their share at the expense of their spouse. Therefore, it is necessary to insure against such troubles.

Can a common-law wife apply for an apartment?

The most pressing issue in couples is the division of real estate: who can claim an apartment and in what shares.

If the housing is the property of the common-law husband, then the woman living with him will not have rights to it during the division of property in 2020.

If an apartment is purchased with joint money, then it is necessary to register it as common shared ownership. Otherwise, the common-law wife will not be able to sue for her part.

There are also situations when, for example, an apartment is the personal property of one person. But in the process of living together, good repairs are made in it at the expense of common money or the personal funds of the second “spouse”.

In this case, as with an official marriage, it is possible to prove the fact of personal investments.

Then the judge will accommodate you and, depending on the amount invested, will either allocate a share in the apartment or oblige the owner to pay monetary compensation for the common-law spouse.

Can a common-law wife claim her husband’s property?

If a couple has a child together who is officially recognized by both parents, then in the event of separation the judge can rule in his favor.

This means that such a child will have the right to live in his father’s apartment until he reaches adulthood. And along with it, the mother will automatically acquire this right if the child officially remains with her.

But such a decision is possible only on the condition that the mother does not have her own comfortable housing suitable for the life of a minor child.

Right of inheritance of a common-law wife

If there is an official marriage, the spouses are recognized as heirs of the first priority. This means that after the death of one of them, they have the right to receive their partner's personal property, unless otherwise specified in the will or established by law.

The right to inheritance does not apply to common-law spouses. The only option in which a common-law wife has the opportunity to become an heir by law is possible only if she was officially dependent on her partner due to disability or caring for the couple’s common child.

In such a situation, the share of inherited property will depend proportionally on the number of direct heirs. Let's give an example. The couple lived in a civil marriage for 5 years. They had no children together. For the last 2 years, the woman has not worked because... received group 2 visual disability.

She was supported by her common-law husband, who had an adult son from his first marriage, living separately with his family. After the death of her common-law husband, the woman went to court with a request to allocate her a share in the apartment, because... she was a dependent of the deceased.

As evidence, testimony from neighbors and bank statements were presented, which showed that the husband spent his personal funds on the needs of his common-law wife.

As a result, the judge decided to divide the apartment in shares. The testator's son received ¾, and his common-law wife received ¼. This share automatically gave her the right to live in the apartment.

If the situation is similar to the one described, then you will have to go to court with a statement of claim to receive your share of the inheritance. In order for the issue to be resolved in favor of the common-law spouse, she will have to prove, firstly, the very fact of cohabitation.

If you have registration, this is easy to do. If there is none, then you will have to involve neighbors and loved ones as witnesses.

In addition, receipts for payment of utility bills for the apartment are suitable as evidence, which show who paid and from whose account the money was taken for payment.

Should property be divided in a civil marriage? But living together is not all. It is necessary to prove the fact of running a joint farm. And here again, all kinds of payment documents will be required.

On our website you can download a sample statement of claim to the court asking for recognition of the fact of maintaining a joint household with a common-law spouse.

But in general, relationships that are characterized as a civil marriage do not give rights to inheritance. However, there is a way out of this situation.

So, if a spouse wants his common-law wife to inherit property after his death, then he needs to draw up a will.

It should be taken into account that no matter who the testator indicates as an heir in his will, there are categories of people who, under any circumstances, will be allocated a share in the property:

• minor children of the testator;
• adult children recognized as disabled;
• dependent persons;
• disabled parents of the testator (or incompetent).

Read also: Failure to pay child support: deprivation of parental rights, criminal liability

The procedure for entering into inheritance is the same for all categories of citizens. Thus, a common-law wife who received an inheritance from her husband will be required to submit to the notary office:

• your general passport;
• death certificate of a common-law spouse;
• documents on ownership of inherited property;
• court decision (if any);
• certificate of loss of ability to work and being a dependent;
• original will (if available);
• a certificate confirming that the testator has no debts.

If, together with the common-law wife, a minor child of the couple acts as an heir, then his birth certificate will also be required.

Possible exceptions

Considering that the number of couples who live in civil marriages is increasing, judges are moving away from a categorical position on the division of property between them. Let's consider in what cases judges will make an exception when dividing property between common-law spouses.

How to register an apartment when purchasing so that the common-law spouse cannot take it for himself in the future

The leading legal consultant of the Alice Group agency, Veronika Smirnova, answers.

Modern judicial practice is replete with examples of the division of real estate between common-law spouses. An analysis of the situation and legislation allows us to give the most important advice to all couples who do not want to register a relationship - document everything and save all documents that relate to purchases of large items, especially apartments, cars, etc.

If living space is purchased with joint money, it is imperative to register it as shared ownership - this is the most reliable option, so as not to be left without a roof over your head. Issues regarding the division of shared ownership are resolved based on: Art.

218, 244, 252 of the Civil Code of the Russian Federation, which establish dependence on the degree of participation in the acquisition of joint property.

Is it possible to conclude a marriage contract?

Answered by lawyer Yuri Astashenok (Kaliningrad).

According to Russian law, a civil marriage is not an official marriage, therefore Art. 40 of the RF IC, which regulates the procedure for drawing up a marriage contract, does not apply to it.

The property regime of a common-law spouse must be regulated using other documents.

If you buy property, you should either register it immediately as shared ownership, or take a receipt from one of the spouses, indicating who and how much invested in the purchase.

Property acquired jointly by common-law spouses cannot be subject to the standard division of property in 2020, which is carried out between official husbands and wives. Therefore, each party should keep all payment documents related to the purchase of expensive items to be on the safe side.

Source: https://razdel-imushhestva.org/sovmestnoe/grazhdanskiy-brak.html

Does “civil marriage” give rights to real estate?

Halfpoint/Fotolia

Lawyer Vitaly Khrennikov answers:

The rights to real estate in a civil marriage belong to the person for whom the title documents are drawn up. Accordingly, according to today's family law, the other party remains without rights to real estate. Cohabitation is not the basis for property claims.

In general, there are now various disputes over the need for legal regulation of civil marriage. However, no real steps have yet been taken by the state to resolve this issue.

How to buy an apartment so as not to share it with your husband during a divorce?

Is the apartment received upon relocation joint property?

Lawyer, partner of KDS Legal Elena Latynova answers:

There is no institution of “civil marriage” or “actual family relations” in Russian legislation. On the territory of the Russian Federation, only marriages entered into at civil registry offices are recognized.

Cohabitation in a de facto marital relationship is not a basis for recognizing property registered in the name of another common-law spouse as their common property.

The common-law spouse also does not have the right to allocate a share of property as a surviving spouse.

Nevertheless, in judicial practice there are property disputes between persons who have not registered their marriage. But these disputes are not considered within the framework of family law and are not related exclusively to the presence of persons in a civil marriage.

Similar disputes can also arise between relatives or partners.

Such disputes are resolved on the basis of the norms of civil legislation on shared ownership, and the shares of common-law spouses should be determined depending on the degree of participation of the parties in the acquisition of common property (Articles 218, 244, 252 of the Civil Code of the Russian Federation).

When considering cases of common-law spouses regarding rights to real estate, evidence is important that between people during the period of their cohabitation an agreement was made on the acquisition (construction) of real estate in common shared ownership.

And also that the applicant spouse invested personal funds in the acquisition or construction of real estate. The process of such proof is very complex.

Moreover, even if it is established that the spouse who owns the property wanted to create common shared ownership, it is not easy to prove the amount of investments of the non-owning common-law spouse to determine the size of shares in the right of common shared ownership, especially when building a house together.

Ideally, this should be a written agreement on the creation or acquisition of real estate in common ownership and documentary evidence of the amount of investment. For example, a non-cash transfer of funds for the construction or purchase of real estate. At the same time, the transfer of money in debt for the purchase of real estate indicates the emergence of a different legal relationship - a borrowed one.

Marriage, divorce and your real estate

10 facts about joint and shared ownership of housing

Managing partner of Metrium Group Maria Litinetskaya answers:

Civil marriage in everyday life refers to family relationships that are not registered by the registry office. Unfortunately, the Family Code of the Russian Federation does not equate such a union with an official one. Consequently, the article on the emergence of joint rights of spouses to all property acquired during marriage does not apply to cohabitants.

When an officially unregistered couple separates, all real estate remains the property of the person in whose name it was purchased (registered) during the marriage. When purchasing a house or apartment, officially unregistered spouses can immediately register shared ownership, specifying the size of the share allocated to each party.

Then, subsequently, one of the partners will be able to challenge the rights to real estate in court. To do this, it is necessary to document the fact that the couple is running a joint household using the testimony of neighbors and friends. In addition, the party must confirm its participation in the costs of purchasing the disputed property.

If the property was purchased with borrowed funds, the following documents will be needed:

• questionnaires sent to the bank to obtain a loan;
• checks and account statements demonstrating the partner's participation in repaying the loan;
• confirmation that the plaintiff has provided a guarantee or collateral (for example, his own real estate) to obtain financing from the second party.

If you purchase real estate at the expense of the couple’s own funds, you must provide papers proving the partner’s participation in paying the cost of the property, as well as the costs of its maintenance and repairs (receipts for building materials, payment for repair work, utility bills). These documents, as well as testimony confirming the fact of the couple’s long-term life together, will help justify the emergence of the right of shared ownership of real estate acquired during a civil marriage.

Lawyer Gleb Plesovskikh (Khabarovsk) answers:

To begin with, it is necessary to repeat once again that the very concept of “civil marriage” simply does not exist in the current legislation, but the social phenomenon itself has not gone away and continues to give rise to all sorts of controversial situations from a legal point of view.

In accordance with current legislation, the residence of one citizen in the living space of another, regardless of the period of such residence, does not give rise to his right of ownership of real estate. However, there is a caveat here: such a citizen, if he is registered in this residential area, has the right to use the residential premises.

Thus, it will not be possible to deprive a partner who has become unwanted of his place of residence overnight. If the issue of eviction and termination of use of housing is not resolved peacefully, the owner of the property has the right to file a lawsuit in court for termination of the right to use the residential premises and forced eviction.

According to established practice, such a claim will almost certainly be successful.

But there are also subtleties here: if the cohabitant is able to present to the court evidence that he has no other place of residence, is unable to provide himself with housing in any other way (for example, does not have a permanent source of income), then the court has the right to decide the issue of preserving his right use of residential premises, but only for a certain period. There are also frequent cases when an apartment was acquired jointly by cohabitants, and one person is legally its owner. Under such circumstances, in practice it can be quite difficult to prove in court that both citizens participated in the purchase of housing. Here, any means can be used: starting with the testimony of relatives who provided one of the participants in the dispute with funds, and ending with an extract on the movement of these funds through accounts.

Finally, it should be noted that through the court it is quite possible to reimburse not only part of the funds spent on purchasing housing, but also money aimed at improving it, that is, repair work. The collection procedure and the evidence base that it is desirable to collect will be almost identical in these cases.

How to keep property purchased before marriage?

10 facts about prenuptial agreements

Felicity Law partner Yulia Fedonina answers:

The concept of “civil marriage” is not defined by current legislation, and such actual cohabitation in itself does not give rise to rights to property. Real estate purchased during the period of such cohabitation is the property of the person whose ownership is registered.

To protect your rights to real estate, I recommend either initially purchasing the property as shared ownership (in proportion to the amount of money invested in the purchase), or obtaining from the person who registers the property as the owner a receipt stating that funds in the appropriate amount have been received by him from another common-law spouse.

By the way, according to the law, the surviving common-law spouse is also not included in the circle of heirs. He can inherit property only by will.

Victoria Dalnichenko, Chairman of the Bar Association of Pavel Astakhov, answers:

Unfortunately, in Russia, only marriages registered with the civil registry office are protected at the legislative level.

If you live in an unregistered marriage and are essentially cohabitants, the Family Code of the Russian Federation does not regulate this type of relationship.

Since such a marriage is not officially recognized by the state, cohabitants do not have the official status of spouses, from which the rights of the spouses flow, for example, in the case of division of jointly acquired property.

The only person our state protects at the legislative level in this situation is the child. And then only if he was officially recognized as the father and there is a corresponding record of this.

Elena Mishchenko, head of the urban real estate department of the northeastern branch of the NDV-Real Estate company, answers:

Recognition of unregistered relationships as marriage is possible through the court. This usually happens in the event of the death of a common-law spouse, when the need arises to enter into an inheritance.

The court may decide to recognize the relationship as a marriage if it is proven that there was a joint household, there are joint children, or if the deceased expressed a desire to legitimize the relationship and, for example, submitted an appropriate application to the registry office.

• Text prepared by Maria Gureeva
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The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

Source: https://www.domofond.ru/statya/daet_li_grazhdanskiy_brak_prava_na_nedvizhimost/6621

Division of property in a civil marriage 2020

Divorce and division of jointly acquired property. There is no way back, all bridges are burned.

• Unfortunately, tens and hundreds of thousands of married couples come to this decision every year.
• The divorce statistics in our country are disappointing, the number of divorces is rising every year, and in some regions their number is simply shocking.
• Spouses who have not acquired any children or property in their marriage can calmly formalize the breakup of the relationship at the registry office.
• But most divorcing couples still gain both in marriage, as a result of which family disputes often arise between spouses, both property and non-property, for example, about children (here you can learn in detail about determining the order of communication with a child).
• Property disputes between spouses include disputes about the distribution of jointly acquired property between them.
• The law classifies as joint property of spouses both any movable and immovable property, as well as the income of each spouse, their common values, and even income from the use of the result of intellectual activity (not to be confused with copyrights; authorship itself is the personal right of the spouse), that is, everything , except for personal items and property received as a gift, by inheritance, or through privatization by one of the spouses.
• You can learn more about personal and joint property of spouses by reading our article joint property of spouses.

Read also: Military mortgage in 2020-2021: how to buy an apartment, conditions, changes

But, as you know, only the property that the spouses acquired during the marriage is subject to division between spouses, i.e. after the official wedding at the registry office.

Got a property dispute? Contact our lawyers and get an assessment of your chances in court. Tel.+7 (812) 989-47-47 Telephone consultation

Civil marriage and division of property

The main question arises - how property is divided if a man and woman acquired it together, through the investment of each person’s personal funds during a civil marriage. And in general, is it possible to divide property acquired in a civil marriage?

Indeed, many couples cohabit for years without registering their relationship in the registry office, and during the period of this very “civil marriage” people also acquire apartments, cars and other property, in the acquisition of which the money of both partners is invested.

Very often, property (both movable and immovable) is registered in the name of one of the cohabitants by agreement between them. Although, with a rational and reasonable approach, property must be distributed among such partners in shares proportionate to the investment of each, that is, fairly.

1. What is a “civil marriage” according to the family code?
2. It is noteworthy that the term “civil marriage” is in common use among many people, while most people mechanically equate such relationships with official marriage, mistakenly believing that if there was an actual marriage relationship, during which people acquired children and property, ran a common household, pooled their budgets, then these relationships can be regarded as a kind of marriage union with the application of family law norms to it.
3. However, as already noted, this is a very common but erroneous opinion .

Family legislation of the Russian Federation recognizes only marriages concluded in the civil registration authorities (Part 2 of Article 1 of the Family Code of the Russian Federation), from which the logical content of Part 2 of Art. 10 of the Family Code of the Russian Federation states that the immediate rights and obligations of spouses arise only from the moment of state registration of marriage.

• Consequently, the establishment of actual marital relations without their state registration is impossible, as is the emergence of the rights and obligations of spouses among cohabitants who have not registered their marriage in the prescribed manner.
• Any attempts by cohabitants to prove in court the existence of an actual marital relationship are meaningless, since the mere establishment of the fact of cohabitation of unmarried persons will not indicate that the cohabitants have acquired (formed) common property.
• In other words, the fact of cohabitation in this case will not have legal and legal significance for resolving a property dispute that has arisen between cohabitants.

Conclusion: It is impossible to equate cohabitation without marriage registration with a marriage concluded in accordance with the procedure established by law. Of course, under such circumstances there can be no question of applying the norms of family law to the legal relations of cohabitants.

So what do we have?

Is property acquired in a civil marriage divided??

Property acquired by the so-called “common-law spouses” during the period of their actual cohabitation without registering the marriage in the registry office is not subject to division between them in accordance with the norms of the Family Code of the Russian Federation.

Whichever of the common-law “spouses” has the registered ownership of the relevant property or part of the property is the owner. As we have already said, the regime of common property of spouses does not apply to persons living in a civil marriage.

But this does not mean that you cannot protect your property rights.

Consultation with a lawyer on the division of property. Tel.+7 (812) 989-47-47 Telephone consultation

How to divide property acquired in a civil marriage

We have already found out that the legislation of the Russian Federation does not contain such a concept as division of property acquired in a civil marriage .

Any property legal relations of actual cohabitants, as well as property disputes between them, including in the event of the breakdown of such relationships, are regulated and subject to resolution exclusively within the framework of the norms of the Civil Code of the Russian Federation , but in no case under family law.

The legal regulation of the legal relations of former spouses who continued de facto cohabitation after the official dissolution of the marriage will be similar, that is, when the former spouses continue to live together and run a common household.

Relations between ex-spouses are also not regulated by the norms of the Family Code of the Russian Federation, and the property acquired by them during such a period will also not be considered their joint property.

Any property disputes between spouses after the dissolution of their marriage in the registry office will be subject to resolution in accordance with the general norms of civil legislation of the Russian Federation.

What claim to file for division of property acquired in a civil marriage?

1. Protection of the violated right in the case under consideration will be carried out by filing a claim in court for recognition of the right of ownership of a share in the right of ownership of property on the legal basis of the corresponding norm of the Civil Code of the Russian Federation, and not a claim for the division of joint property of the spouses in accordance with Chapter 7 of the Family Code of the Russian Federation.
2. The subject of proof will be important in such a case.
3. Courts, as a rule, proceed from the fact that the plaintiff must prove the existence of a number of circumstances that will be significant for resolving the dispute.
4. Based on the established practice of the courts, the following legally significant circumstances are subject to in addition to cohabitation, running a common household and joint use of property

• The existence of an agreement between the parties to create common ownership of the acquired movable and/or immovable property.
• The plaintiff’s investment of his personal funds in the acquisition of the disputed property.

Only if these circumstances are proven will the court have grounds to classify the relevant property as the common shared property of the cohabitants.

As for proving the deposit of personal funds, the availability of written evidence (receipts, agreements, receipts, checks, etc.) is fundamentally important here.

Although the range of evidence in such a case is not limited by law, and it can be both written evidence and witness testimony, however, witness testimony alone in the complete absence of other written sources of evidence will not be enough, since the transfer of funds by witness testimony alone . This directly follows from the content of Part 1 of Article 162 of the Civil Code of the Russian Federation: “Failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms, but does not deprive them of the right to provide written and other evidence.”

Thus, if the acquisition of property and the contribution of personal funds of both parties to the purchase was not accompanied by the execution of appropriate documents (for example, written receipts for the transfer of funds, receipts, checks and other documents confirming payment for the property), it will be problematic to prove this fact.

However, despite the fact that this task is not an easy one, you should not give up. Judicial practice in such cases is very extraordinary, each case is individual in nature, each has its own nuances. The outcome of the case is directly related to the correct definition of the subject and grounds of the claim and a well-chosen evidence base.

Also, the protection of the violated right of the plaintiff in the cases under consideration can be carried out by filing a claim to recover from the defendant the amount of unjust enrichment. Of course, such a claim can be satisfied by the court if the necessary evidence of unjust enrichment is presented.

You can also familiarize yourself with the procedure for filing a claim in court and the jurisdiction of civil cases.

If a property dispute arises regarding property acquired in a civil marriage, contacting a professional lawyer will certainly increase your chances in court. Lawyers and attorneys at the PetroYurist legal center have extensive experience in handling property disputes of various types, including between common-law “spouses.”

Consultation with a lawyer in civil cases. Tel.+7 (812) 989-47-47 Telephone consultation

How to properly register jointly acquired property in a civil marriage

• Of course, formalizing the relationship between a man and a woman eliminates the problems associated with proving the joint acquisition of property.
• Spouses who are officially married may not register property as shared ownership, since, by virtue of Article 34 of the Family Code of the Russian Federation, they own it jointly, this is the legal regime of the property of the spouses, that is, the regime of their joint ownership.
• At the same time, property acquired by cohabitants is subject to the separate property regime.

In order to avoid problems with the division of property in actual cohabitation without formal marriage, the issue of distribution of property between cohabitants needs to be resolved “onshore”, that is, before acquisition. And this is the most reasonable place to start.

Accordingly, the ownership of property acquired at the expense of the personal funds of both cohabitants must be formalized in shares for each in proportion to the investment. Only in this case will any property disputes between cohabitants in the future be excluded, and if the relationship breaks down, everyone will be left with their share of the property.

Of course, if only one of the cohabiting partners invests money in housing, a car and other acquisitions, it will be quite logical that property rights to such objects will be registered only in his name.

If both partners invest their money (and in the case of cohabitation, these are the personal funds of each), then the registration of property rights must be carried out taking into account the interests of both.

Please note: Cohabitants' shared ownership of jointly acquired property must be formalized in accordance with the procedure established by law .

You should not rely on the word of honor of one of the partners when registering all the property in his name.

After all, when a relationship breaks down, all promises and agreements lose all force, and property interests are at the forefront of everything.

For example, an apartment purchase and sale agreement must be concluded simultaneously with two buyers, despite the fact that the subject of the agreement will be one apartment. That is, both cohabitants must appear in it as buyers, and the purchase and sale agreement itself must contain information about the size of the shares in ownership passing to each of the buyers.

Thus, the apartment (like any other property) will become the shared ownership of the cohabitants, and their shares will be determined depending on the contribution of each of them. With an equal investment of funds in the acquisition of property, the shares of the cohabitants will be equal.

A personal consultation with a lawyer directly related to your situation will help you determine the prospects for your case in court based on the existing circumstances.

Source: https://zvonok-yuristu.ru/razdel-imushhestva-v-grazhdanskom-brake/