Entering into a legitimate marriage, the spouses not only on legal grounds live with each other, they give birth and raise children. Stamps in the passport impose certain consequences for the property rights and obligations of spouses. That is, we are talking about the fact that there are property relations, or legal relations that apply to everything that they will be purchased during the marriage of the registry office arise between the newlyweds after visiting the registry office. Property rights and obligations of spouses are now regulated by the Family Code of the Russian Federation. If in the future between them there will be a breaking of relationships with the corresponding termination of the marriage, they remains to divide the property to be loved by either guided by this regulatory act.
The Russian legislator introduced such concepts as a joint (general) and separate (personalized) family capital. At the same time, under the concept of capital or property, the legislator understands all incomes, that is, cash, real estate, which includes residential and non-residential buildings, plots of land, driven capital, which consists of household appliances, furniture, cars, etc. If the family has property rights, for example, related to deposits into bank institutions or the acquisition of securities, then the legislator should necessarily relate to property.
What is considered to be shared by the capital of spouses?
All that spouses acquire from the moment of marriage and until its termination, the legislator applies to jointly accompanied property. Otherwise, it is called as common. But if there is a common capital, the rights to which they have equally and the husband, and the wife, then there must be such that belongs to each of them.
The law provides that if there is any capital that was acquired by one of the spouses before marriage, he belongs to the personal property of this spouse. This property of the spouse belongs to the breast property and consider personal belongings. For example, if the wife even before she married her apartment and a car, then the apartment, and the car belongs to her personally. The husband can use and dispose of them only with its permission.
But besides this, during a marriage, a husband or wife can receive any property or it may be presented to them for some outstanding achievements in sports or scientific activities, for achievements in art. All these premium and premium funds and items relate to the personal ownership of the spouses who they are presented. That is, everything that each family members was inherited or received as a result of gratuitous transactions, refers to their personal things, like individual use things - clothes, hygiene products, shoes.
However, the legislator allocates among the personal use of jewelry and luxury items. First include all jewelry made of precious and semi-precious metals and stones. But the question is what applies to the subjects of luxury is not so unequivocal and causes different interpretations in legal practice.
What is luxury objects?
The law does not define clear parameters for which things can be attributed to luxury, and it depends on the convictions of the judge. For example, fur coats or coats for $ 200-500, the judge can attribute to the things of individual use, while similar clothing in a more expensive range - from several thousand dollars and above - it will deefive luxury objects. And in that, and in another case, we are talking about the same clothing, but their different quality and price significantly change their status.
That is, it is necessary to understand that luxury items are a very relative and subjective category. For example, if the court passes in a big city, in Moscow, St. Petersburg, then the judge may find a fur coat for several thousand dollars of individual use. While in the provincial city of fur coat or covers worth one thousand dollars can be regarded as a matter of luxury. And there is no contradictions in it.
Middle earnings, which is available in Moscow, allows you to purchase more expensive goods, and luxury objects for families with such an earnings are considered objectively expensive things.
In turn, in the provincial settlements, where earnings are somewhat lower, the luxury objects will be considered those things that have relative value. In addition, with time, the relationship to items that may have luxury can be changed. For example, another 30-40 years have a TV and a refrigerator, a radio receiver and a tape recorder referred to judges to luxury subjects, but after all, no one believes them. Especially since today the household appliances have a property to obscure strongly and lose in price literally for several years.
If you try to withdraw the algorithm through which the judge will determine which category there is a thing about or another, then for this it takes into account the level of the cumulative income of the family and comes from the overall standard of living.
For example, the family's income can be very large, for example, within a few hundred thousand dollars a month. A bought fur coat or sheep for 20-30 thousand dollars does not have some significant impact on the family budget, it is not necessary to save money for it, and the family does not infringe upon them with this in the exercise of this purchase, and in the wardrobe of the wife there are things and an order more expensive.
Nevertheless, for the overall standard of living, this outerwear will uniquely refer to luxury objects. To such things, the court will assign works of art, objects that are antiques, and all valuable things in which there is no need to ensure the urgent needs of family members.
What is included in the common property of family members?
The legislator of Article 34 of the Family Code of the Russian Federation identified all the property that the Court may consider as such to claim both spouses. First, this is the cumulative family income, which includes wages or profits derived from business activities. This includes fees for scientific activities or for creating works of art.
If the husband or wife receive a pension, a cash benefit, then they are also included in the overall profitable mass of spouses. The exception is only those cash receipts that are targeted. For example, such amounts include material assistance, which is issued as compensation for harm caused by health.
Secondly, all things that are acquired at the expense of the above funds also refer to the common property of spouses. The legislator reasoned objectively, that if the funds change their content, that is, some things are bought on them, then these things must have the same status as the means spent on them. According to this rule, it follows that if the husband or wife acquired any thing for funds belonging to one of them before marriage or by law of inheritance, these things will not be considered common property.
And, thirdly, if any shares or bonds were purchased during a marriage, other securities were made, the PAIs were drawn out, the contributions were made, the share in capital, etc., and they relate to the common property. The legislator allocates it separately, but here the rule has been triggered here that everything that is bought for the cumulative family income relates to common property. And, on the contrary, if the acquisition of securities and the design of deposits was made at the expense of personal property of one of the spouses, then the acquisition is its personal capital. It is very important to take into account that there is no difference in the issue of common property, to whom this property is executed, by whom it was purchased from the spouses. For example, if the car was registered on her husband or wife, but purchased for general family facilities, it is still considered common property.
What are the legal consequences of the common property of family members?
The aforementioned article of the Family Code of the Russian Federation, all common property of the husband and wife is defined as their joint property. Joint property establishes a certain and protected mode of its use of family members. Joint property exists until the point or share of property is not highlighted from it. Up to this point, each of the spouses can manage this property to fulfill this property. And he can not dispose of any share of him, but with all the property entirely. The moment of the selection of joint ownership of shared ownership, as a rule, can occur when a marriage is terminated or if such a share of one spouse is required for certain reasons. For example, it can occur when someone from family members has been recovered on property debt.
Often, in legal practice there is an erroneous opinion of one of the spouses that he worked alone, provided a family, and therefore he owns a large part of joint ownership. The same rights and husband have a joint property, and no matter who earned more, and who less, or someone's spouses worked at all. In the latter case there is one nuance. For example, if the husband did not work for a disrespectful reason, the immoral lifestyle was abused by alcohol, then the court during the allocation of shared property could conclude the need to reduce its share. But in such cases you need to have good evidence.
An unfounded accusation of his former half to anyone considers the court extremely skeptical. It can be completely on the side of his wife, taking into account the fact that the court is impartial when making a decision, guided by law and inner conviction. However, when approving for the amoral behavior of the spouse, a none fact about the challenge of the police is not submitted to the court, and the neighbors at the meeting reluctantly claim something ineffective and abstract (heard a couple of times, a bit of dishes), then a very small probability that the proportion of her husband will Reduced.
In other cases, if the spouse keeps a household, engaged in raising children and does not work, it is not the reason for which it should qualify for a smaller part of joint ownership. The legislator comes from the fact that the care of children and the management of the household is the same labor as all other activities. While someone from spouses earns money, the other at this time is solely engaged in those questions and problems that lie on both. Who said that cooking food, pastime with children, house cleaning is just a female responsibility?
At the beginning of the 21st century, such an opinion is very mistaken. These responsibilities lie equally on the husband and wife, and the cost of such services is very large. Hold the cleaning lady at home or apartment, find a good nanny, which will look at the children, a cook that will cook all day, and consider how much this is a family budget per month. And here will arise the question who earn more. If the wife brings home one thousand dollars a month, and to hire these specialists, it will take a half thousand dollars, it turns out that the wife earns more than her husband. Then in whose side should reduce the share of joint ownership?
What are the rights of spouses have for joint property?
By purchasing property for funds that make up the cumulative family income, her husband and wife act as partners and equal owners of all purchased. Each of them has the full right to dispose of this property, taking into account the consent of the second spouse. At the same time, the joint property can be managed both in their own interests and in the interests of other family members.
But there is one point. The legislator has determined that the spouses can manage this property, as well as separately. Each of them can sell it or give. And in this case, the legislator is assumed that such types of transactions are carried out with the consent of the second spouse, therefore, in these procedures, the power of attorney is not needed. That is, if the husband, on which the car bought, purchased for funds from the cumulative family income, wanted to sell it, then the law allows him to do this, and during the commission of the sale of the purchase and sale, he does not need a power of attorney from his wife.
But if the spouse was against the sale of the car and her husband knew about it, the court could recognize the transaction invalid with all the consequences. This allows you to make a norm in law, namely paragraph 2 of Art. 35 of the Family Code of the Russian Federation, where we are talking about the unscrupulous actions of one of the spouses when making transactions with joint property. But it does not always turn out to do it. The key point is impossible to prove that one of the spouses knew about the intentions of his second half.
Usually questions about the sale of something valuable are discussed alone, and the words of one spouse against the words of another can be submitted. But an unfairly operating husband (or wife) will be denying everything only in those cases if there is a tense relationship between spouses. In other cases, the judicial decision of the spouses is necessary in order to return to the soldder sold on legal grounds. Having learned about the act of the second half, a wife or husband is quite a serious conversation to explain all the fallacy of his actions.
In any case, at the court session, if a husband or wife who committed an unfinished act will deny their awareness of the opinion of the second half, it can end for him a full-scale family crisis. Not everyone goes to show a close person his frank, and in this case and brazen lies. And is it worth risking the family for the sake of incomprehensible principles? But people are different and families are different, therefore, in legal practice there are various cases. If the Court comes to the conclusion that the transaction was unfair, and makes an appropriate decision, then on the basis of paragraph 2 of Art. 167 Civil Code All participants in the transaction are required to return to its original positions.
In what cases does the transaction cannot be recognized as invalid?
But the following situation may occur. Spouses decided to sell the countryside or garage. Sale can carry out any of them, and, for example, the husband makes a purchase and sale transaction. After a short period of time, the prices for real estate jumped, and the spouses decided that they had extended and what it was worth waiting for a bit, so they would have become an order of magnitude more money. But there is a neighbor who we advise them to apply to the court to recognize the actions of the spouse unfair, because his wife allegedly was against such a deal from the very beginning, and he knew about it. In confirmation of their words, a neighbor demonstrates the above rules of law. Spouses appeal to the court, not forgetting to pre-ask the buyer about a possible surcharge. Sometimes buyers go to meet, consider arguments reasonable. The weakness of legal culture affects - before agreeing, you can consult a lawyer.
If the spouses did not receive the real estate required at the buyer, they come to the court in which the wife demands to cancel the transaction, because her husband acted unfairly. At the court hearing, the husband waders a comedy, sadly shrugs, reports the judge, which he knew about the disagreement of his wife, but thought it would be better. According to the foregoing, the court must satisfy the demand of the spouse, but he does not, but refuses. There is a question - why?
The fact is that the real estate sales mechanism is slightly different from the sales of the movable property. If we are talking about the sale of joint ownership, then in order to make a sales transaction with one of the spouses, he must receive written consent of his second half, which is necessarily necessary to assure the notary. This requirement applies to all transactions that are registered or certified by the notary. The legislator was the requirement expressed in Art. 35 of the Family Code of the Russian Federation.
The moment that notaries or other bodies that carry out the state registration of transactions are also worth adhere to these requirements. For example, in the case of registration of the real estate purchase agreement, the latter is obliged to establish what property has a legal regime. Despite the fact that this property is registered with one of the spouses, which carries out a deal on sale, it may be jointly owned by both spouses. In this case, the notary must require the written consent of the second half. At the same time, agreement must be revealed and certified in the prescribed manner.
In what cases does the real estate transaction be canceled?
Now, when the details of the implementation of real estate transactions are known, which relates to common property and to which the property rights and obligations of spouses are fully operating, in what cases such transactions can be canceled. If the real estate purchase and sale transaction is to violate the requirements of the current legislation, and a notarized agreement of the second owner was not received, the Court may recognize the transaction invalid.
Cancellation procedure Next. That of the spouses who suffered as a result of the sale of joint ownership is obliged to contact a written statement to the court, applying materials to it confirming everything set forth in this statement. If the part of the documents is not available to him, he can send them through the court from the second spouse, the buyer of real estate or notary. If the court comes to the conclusion that the deal passed with violations of the law, he recognizes it invalid. However, the legislator established temporary restrictions to appeal to court about this. In the specified 35 tbsp. The Family Code has been established that with such a statement can only be applied throughout the year after it became aware of the violation of property rights of one of the spouses.
Property rights and obligations of spouses for property recognized personnel
In Z6 Art. Family Code has been identified by the personal property of each spouse on the right of private property. This means that each of them can do with his personal property that he wants (within the limits of law, of course), and for this you do not need to coordinate your actions with the second half. Husband or wife can sell themselves, give or exchange all the property, which is their personal and does not apply to a common property. The law provides for the special position of personal property during the property section during the dissolution of marriage or in other cases. From personal property, the share is not distinguished, it belongs entirely to its owner, he manages them undivided.
But personal and property rights to one thing or another may change. For example, property can change their status, moving from personal property to joint. If the old summer house on the land plot, which is owned by her husband or wife, during the marriage was seriously completed, which significantly increased the cost of the site itself with the construction of it, then such property court will take to a common. That is, if the personal property during the marriage was reconstructed, repaired or re-equipped, as a result of which increased significantly in its price, then it changes its position from personal capital into common. This rate is enshrined in the next, 37th article of the specified law.
How to defend personal and property rights during the dissolution of marriage?
The fierce disputes during the broken-produced process, as a rule, arise during the separation of joint ownership. But in addition to the divorce, a similar section may occur in other cases caused by other reasons than the dissolution of marriage. Above mentioned the need to allocate the share of one of the spouses for material support on their credit obligations. Similarly come in cases if the husband or wife want to give children a part of property belonging to them. There are such cases when one of the spouses carries out wasteful actions towards general capital. Here, the most faithful behavior to preserve its share will be its allocation of the total mass of joint property. These issues the legislator focused in the same law in Art. 38, 39 and 45. The last article is just enshrining the procedure for recovery for unfulfilled obligations to the lender, which is carried out on the share of common property.
The peculiarity of the share of the share of the common owners of the spouses to terminate the marriage is that it is carried out on all the joint property that is at the time of the allocation of the share. But since the marriage does not end with this, then all the subsequent good, which will appear in the couple after the separation of the share, is also subject to the law regulating the mode of use, separation, etc. That is, it will be considered joint with all the consequences of this.
But all of the foregoing does not mean that her husband and his wife cannot agree on a lovely thing that it would get when the share of the proportion from it. There are often cases when husbands, leaving the house, take only their personal belongings that fit in two or three bags, believing that his wife and children are a house or apartment with a car more. This is a real male deed, which is under the power to make not every representative of a strong half of humanity.
How is the question solved in court?
If you cannot agree to a person, then in order to allocate its share from joint ownership, they are treated. The initiator can be made by one of the spouses, which submits the claim. This statement may be filed both during the scroll-proof process, which will significantly save money to both parties and after divorce or before it is described above. At the same time, the legislator obliged the court to solve the issue with the division of property at a divorce, if, during the scroll-proof process, any of the diluted demands require such a section.
During the court hearing, considering these property disputes, first set the entire property mass that is subject to separation. For this, the entire property is defined, which refers to the personnel of each of the spouses and which will not share between them. In addition to the described things to such a property include the things of children who have not achieved adulthood. If in court it will be proven that part of things was purchased during a marriage, but in the period when the spouses did not live together and actually did not lead a joint economy, then such things the court can exclude from the common property.
And after the procedure for determining joint ownership is completed, the court proceeds to the allocation of each of the spouses. The court proceeds from the principle described above: these shares should be equal, the total property is divided equally.