Today we will be interested in the rights of spouses, as well as their responsibilities. In fact, these aspects are extremely important. After all, citizens must clearly understand what they will be required to do, as well as what they can count on when they marry. Unfortunately, not everyone knows this data. And therefore, few people can fully understand the whole responsibility of marriage. So what can be the rights of spouses in marriage? What can be counted on under certain circumstances?
Personal
The first thing you should pay attention to is that all rights and obligations of spouses are divided into several categories. Depending on them, the adjustment of family relationships takes place.
There are so-called personal rights. They appear as a result of marriage and are specific to each individual. That is, this is what a citizen has the right to as a person. Personal Rights and responsibilities of spouses not so hard to remember.
Also, such moments are usually called non-property. They are governed by family law and are related to intangible benefits. To be honest, few people think about what rights and obligations spouses have in this area.
Property
A much more important point for many is property. Citizens who are married have not only personal, but also so-called property rights and obligations. Spouses at the moment care most. After all, in case of any disagreement or divorce, you will have to put up with certain conditions.
Property rights - this is what is regulated by family law and is directly related to issues arising in relation to joint property, as well as material wealth and family maintenance. Quite an important point that can bring a lot of problems if you do not take them into account. The personal rights of spouses in this regard are really not so significant.
Equality
We will begin with you a more specific study of what are entitled and what responsibilities appear for a husband and wife who are legally married. To understand many aspects and remember them is not so difficult. The first paragraph that was mentioned earlier is the personal rights of the spouses. It is with them that it is worth starting a study of our today's issue.
And it all starts with equality. Spouses in marriage are equal citizens. Everyone has the full right to choose a profession, hobby, occupation, and also place of work. All issues regarding the conception of a child (i.e., motherhood and fatherhood) are resolved jointly.
Mutual respect
Spouse rights are good. But you should not forget about duties either. This very important point that is often forgotten is directly related to family equity.
Having married, you must build a relationship based on mutual respect, as well as mutual assistance. This also includes assistance in improving family relationships, caring for the welfare and development of children. Here is a personal obligation in family law.
Surname selection
What other items can be called in this section? The personal rights of the spouses give them the freedom to choose their last name. Moreover, no one has the opportunity to select this prerogative.
Each citizen who marries, can choose their own name at their own discretion. Either leave the girl, or take the husband / wife. In addition, the connection of surnames is allowed. The only exception is if one of the spouses is already double.
Also note - a change in the name of the husband or wife does not entail a change in that of the “second half”.And in case of a divorce, everyone can independently decide which surname to leave - to return to a girl or to remain with those “initials” that were assigned after marriage.
These are the personal rights and obligations of spouses in modern Russia. As you can see, it’s not so difficult to remember them. A much more important role is played by property. This has already been said. So this particular section requires special attention.
Property Types
Before you prepare about property rights and obligations arising in marriage, it is worth familiarizing yourself with the classification of property. After all, it is she who helps to fully understand what you can count on both when marriage and divorce.
Property can be personal and jointly acquired. The first category is not such an important point. Usually, personal property includes everything that citizens had before marriage. Plus, this includes gifts received after the wedding (excluding jewelry and other valuables), as well as personal items (clothing, hygiene items, and so on).
Jointly acquired property is all that was acquired in a marriage by spouses. Moreover, it does not matter to whom the registration took place. Unlike personal property, this type plays a very significant role in the divorce or division of property for one reason or another. So it is worth paying special attention to such rights and obligations.
Own, use, dispose
What can be the rights of spouses who formally formalize their relationship as a family? Property includes the possession, use and disposal of all jointly acquired.
The thing is that in this respect the spouses are equal. They have the full right to possession, use and disposal of joint property, regardless of who it was registered in.
Moreover, in order to carry out any action in relation to thereof, one will have to obtain the consent of the second half. Without it, any transaction will be declared invalid. These are the interesting property rights and obligations of spouses that take place in Russia.
All transactions with jointly acquired assets initially imply the consent of the second family member. True, if in fact there is none, the spouse will be able to declare the transaction invalid. By the way, for some operations, notarized or just written consent of the husband / wife is required. For example, to take a mortgage (most banks require this document in order to save themselves from unnecessary problems).
General recognition
Personal and property rights of spouses are not so difficult to understand and remember. True, when it comes to ownership, then there are a variety of features and nuances. Which ones?
The thing is that in some cases a particular personal property may be recognized as common. This kind of right comes to life if you can prove that a significant improvement in the property and increase in its value have been carried out at your expense. For example: repair (and major), re-equipment and reconstruction, reconstruction.
These are very important rights of spouses. Quite often, this moment becomes a problem with a divorce. So, if you want to play it safe when you "invest" in the personal property of your spouse, try to save all payment documents in your name. This is the best proof of your spending.
Separation
The property rights and obligations of the spouses do not end there. Perhaps now the most important and serious moment of all that has arrived has come. This is a section of what you have gained with your soulmate. If the marriage was not officially concluded, then everything is simple - to whom this or that property was registered, that is what it gets. But in marriage everything turns out a little differently.
The rights and obligations of spouses imply equality, moreover, with respect to everything that was acquired in a marriage.That is, the section is also carried out on an equal footing. In other words, with appropriate disputes, each side will receive 50% of everything that was acquired in the marriage. No more, no less. It is these conditions that currently exist in the Russian Federation.
What to share
What other points are worth paying attention to? For example, the fact that not everything is subject to division in a divorce. The rights and obligations of spouses include some nuances that are worth knowing.
What is this about? Only joint property is shared. That is, only that which was acquired in a marriage. Donations are not counted. But the personal property of a citizen is not subject to division. Unless you can recognize it for one reason or another, joint property.
Pay attention also to the fact that real estate and things received by inheritance or gift agreement (both in marriage and without it) will be wholly and completely owned by the donee. And has nothing to do with spouse. So, it is not subject to division in disputes or divorce. For this reason, it is often given families the real estate or some valuable property. So that after he did not have to share. Again, property is subject to division only when it is recognized as joint. In practice, this phenomenon is almost not found.
Marriage contract
The property rights of spouses can be regulated in a very interesting way. It is a question of drawing up and concluding a so-called prenuptial agreement. This document will help you resolve property disputes arising from the divorce proceedings.
The so-called prenuptial agreement can be concluded at any time after legalizing the relationship. If you want to immediately settle the property rights of the spouses, then it is quite logical to conclude this agreement during the painting period. But even after it, at any moment you can bring the idea to life. There will be no problems with this.
By the way, a prenuptial agreement is able to relate to either things that spouses already have or those that they will gain in the future. The content usually includes the nuances of separation during divorce (to whom and what will be delivered), as well as questions about the income and expenses of the family.
Please note - the moral rights of the spouses in the marriage contract are not affected. In addition, the content cannot list restrictions on the application of one of the spouses to the court for one reason or another, and also excludes the restriction of legal capacity and legal capacity of both husband and wife.
According to modern standards, a marriage contract is invalidated if it violates the rights of spouses who are recognized as legally incompetent or incapable for one reason or another. It is forbidden to include in this document conditions that put a husband or wife in a disadvantageous and unfavorable position, violate the norms of modern family law and the legislation of the Russian Federation as a whole.
A prenuptial agreement is recognized partially or completely invalid only in court. This is possible if the rules for the preparation and execution of the document are not observed. The validity of this document by itself terminates upon dissolution of the marriage, with the exception of cases prescribed in the text of the agreement of the spouses on the settlement of property relations.
As you can see, the rights and obligations that arise between husband and wife after marriage are diverse. Play a special role property relations. Remember that for any transaction with property that you have acquired together, you need the consent of your spouse. Otherwise, your agreement may be invalidated. Personal and property rights of spouses must be respected. Otherwise, problems with the law can not be avoided even in marriage.
