After making marriage in the life of people there are many changes. They create a new family, they live together, lead a joint economy, enjoy the same things and objects. All property of legal spouses in accordance with paragraph 1 of Art. 34 of the Family Code of the Russian Federation is recognized as a common joint.
While people live together in love and harmony, they are not bothering the issue of separation of proven property. But this problem sharply gets up when divorced or when recovering debts of one of the spouses. All the property of her husband and wife acquired after the wedding, according to the law, is divided between them in half. But in ch. The 8 Family Code of the Russian Federation is spelled out that spouses can enter into a marriage contract, which will be recorded to whom and what property belongs.
In paragraph 2 of Article 34 of the IC RF, it is indicated that it is included in the common ownership of spouses.
These are income, real estate, vehicles, business lolts, cash and other.
Personal things of citizens are not part of the joint property. According to paragraph 3, the spouse who could not work and did not receive income during the period of joint residence for a good reason, also has the right to half things and items.
What is included in the general property of her husband and wife?
Husband and wife have a joint budget that is formed from the income of both spouses. These include wages, interest on deposits, securities revenues, fees of hospital, vacation, compensation for material and moral damage, etc.
During the field of living, people acquire many different items, things and objects that are subject to section when divorced. The total property includes:
- residential premises (house, apartment, room, cottage, etc.);
- land;
- vehicles (cars, specialized equipment, motorcycles);
- non-residential real estate objects (vegetable store, garage, shed);
- participation in business (shares, share in ooo);
- cash and cashless cash;
- household, video audio photo- and computer equipment;
- furniture;
- antiques.
Section is not subject to property purchased or received before the wedding. But if one of the spouses spent money to the ownership of the other, as a result of which it began to cost twice as expensive, she would also belong to her husband and his wife. For example, a man has a cottage without water, without light, overgrown and abandoned. The woman has arranged her, broke the garden on the plot, spent the light and drilled a well or well at his own expense, etc. In this case, the cost of a country house has increased due to the spouse, so it has the right to part of this property.
Not recognized by common property that is obtained by her husband or wife as a gift or inherited. In these cases, people get any things or objects without the help of spouses, so the second half cannot claim them.
Good reasons for lack of income
Article 34 of the Family Code of Russia protects the rights of citizens who did not earn money during a joint stay with spouses. In paragraph 3, it is said that people raising children or who have not worked for good reasons have the right to half the common property of the family. For those who have not formed a joint budget, but lived at the expense of her husband or wife, the share of participation in total property may be less than 1/2. This moment is determined by agreement or by the court decision.
Good reasons for lack of work:
- raising children up to 3 years;
- housekeeping;
- care for seriously ill relatives;
- disability or severe disease;
- other.
Everyone knows that in our country problems with children's gardens. In some regions, it is difficult to arrange even a three-year-old baby, not to mention a two-way or two-year-old. Therefore, with children at home you have to sit someone from spouses, grandparents or hiring a nanny. Nanny and private kindergartens are quite expensive, not everyone they pocket. Almost always with children sit mothers, if there is no one else. Sometimes there is that care is needed not a child, but an adult. For example, someone from relatives seriously fell ill, fell into an accident or the like. And he needs daily care. Then a person can quit his job and take care of his relative.
As for the management of the economy, then this concept includes not only cooking, cleaning indoors, washing or washing dishes. This is a small repair, and in a private house - cleaning from the snow of the courtyard and at home, planting on the garden, care of domestic cattle and a bird, a harvesting of a hay, harvesting, etc.
How is the property between spouses during marriage distributed?
In the Russian Federation there are two ways of section of common property: according to the law and on the marital contract. In SC of Russia, it is described in detail what a marriage contract is, as and when it makes it that it contains what conditions it is impossible to include, the procedure for recognizing a document is invalid.
You can create a contract before the wedding and after registration of marriage. In the conditions, not only purchased things, objects and objects, but also those that can be purchased in the future are specified. The document is prescribed by the rights and obligations of spouses in relation to the common property. The contract is necessarily wired by the notary. You can make changes to it, which also need to be assigned.
To conclude a contract, making changes and termination needs the consent of both spouses. When divorced, the document is very important, it relieves people from property disputes and court proceedings. The marriage contract contains the following information:
- date and place of drawing up;
- Full name, passport details, addresses of residence and registration of spouses, place of birth;
- No. and date of issuance of a marriage registration certificate;
- the common property of spouses, which will make up the contract, for example, for the equipment indicates the name and brand, for the apartment - the cadastral number, address, etc.;
- essential terms of the contract, that is, who belongs to some property and who is the responsibilities carrying on its maintenance;
- signatures of the parties;
- requires notary.
The marriage contract cannot be compiled so that the husband or wife after the divorce remains in an extremely disadvantageous position. Such an agreement may be invalid.
If the marriage contract is not concluded, then when divorced, the property is divided between spouses in half. Former husband and wife can conclude an agreement on the distribution of common property, which is prescribed who are what things. Objects or objects takes. It differs from the marriage contract by the fact that it is not up to and during joint residence, but after. It indicates the same information as in the contract, as well as the number and date of issuance of a marriage termination certificate. In agreement, it is possible to divide the property is not 1/2 each, but in other shares by agreement between the parties.
If solving problems with the joint ownership section fails by mutual consent, you need to go to court. In order to defend their interests, prepare all the direct and indirect evidence of our rightful (checks, certificates from the hospital, certificates of income, extracts from personal accounts from the bank, certificate of inheritance, donation agreements, loan agreements, etc.), enlist Supports witnesses (friends, buddies, relatives, neighbors, work colleagues and others). Contact a good lawyer for advice, he will give advice, how best to act in a specific situation.