In a civil marriage, the division of property: grounds and order. Division of property after civil marriage

In the modern world, marriage does not have as much social significance as it had before. Not all couples are in a hurry to register their relationship. Various kinds of conflicts can occur in both official and civil marriage. The division of property is one such controversial situation. But in the case of an official marriage, its permission is carried out by law. How is the division of property in civil marriage? We will analyze this in the article.

Difficulties

Relationships between people do not always work out well. To avoid various problems, many men and women prefer to live in a civil marriage. The division of property in this case is not provided for in the UK. And in the event of a conflict, you can bring as many different arguments as possible, describing your life as a family, but in the absence of stamps in your passports it is impossible to distribute what you have acquired according to the Family Code. A somewhat different situation is with couples who, until July 8, 1944, were married. The division of property in this case could be regulated by the rules of the UK. But such centenarians, most likely, can no longer be found. If they exist, that after so many years they are unlikely to plan to diverge, let alone solve the issue of shared values. Thus, all who are currently in a civil marriage cannot divide property under the UK.

Russian legislation

Under a common-law marriage, persons are supposed to live together without officially registering their family relationships with the registry office. In legal terms, such a union does not have legal force. Accordingly, no legal consequences follow from such a relationship. This also applies to acquired property. According to SK, the division of property is allowed if it is recognized as joint. In order for acquired wealth to acquire such a status, official registration is required. How to carry out the division of property in a civil marriage? The grounds and procedure for the distribution of common values ​​are regulated by the rules of the Civil Code.

Possible options

If for some reason there was no official registration, then the division of property after civil marriage can be carried out in two ways. The first is an agreement. In it, the cohabitants, at their discretion, determine which objects go to whom. This option for former spouses is considered the least expensive. However, at the same time it is the longest. This is due to the fact that by the time when it becomes necessary to resolve the issue of material values, relations are developing so that neither side is going to concede anything. If it was not possible to agree, then it will be necessary to carry out the division of property in a civil marriage in court.

GK Norms

According to the UK, common-law spouses who do not have the appropriate stamps in their marriage registration passports are not recognized by law as their official wife and husband. In this regard, the norms of the UK are not applicable to them in the distribution of common material values. In accordance with this, common-law spouses do not have “property acquired together”, they have what each of them received, and objects acquired together. If the relationship between a woman and a man meets the characteristics of the family, they have a common household, they paid for utilities together, bought indivisible expensive things, real estate, then in this case the norms of Ch.16 Civil Code. The provisions govern the issue of common property. In particular, the rules are enshrined in Art. 244. According to its provisions, property that belongs to 2 or more persons is a common property. Expensive movable and immovable objects that are acquired together are considered common shared property.

Dispute Resolution Principles

The main points on which domestic law and judicial practice are based are as follows:

1. The fact of cohabitation and joint venture between spouses does not directly form any legal consequences.
2. Only the common property of persons is subject to division.
3. The subject of the dispute is shared ownership, but not joint ownership. This, in turn, determines the effect of the relevant standards.
4. As evidence that the actual spouses consider the property to be common, they are managing their household and living together.
5. The essence of the distribution of wealth between cohabitants is to establish the shares belonging to them.

Process specifics

As mentioned above, the division of property can be carried out either by agreement or in court. To realize this opportunity, actual spouses should determine:

1. What kind of material values ​​do spouses consider common.
2. What is the share of each of them in the right to joint property.

In order to avoid problems, experts recommend, even during cohabitation, to register the acquired values ​​in shared ownership, legally assigning each part of it. In such cases, as a rule, the division is carried out without litigation. If no agreement is reached, then the dispute is resolved in accordance with the Civil Code. When applying to the court, the applicant must collect all the evidence in advance. These may include checks, documents, certificates, and so on. The more papers there are, the more likely it is to win the case.

Proof of facts

Domestic law does not establish a rule that property acquired during a period of cohabitation will certainly be shared. Moreover, the norms do not define any criteria by which conditions are formed for the recognition of common property. Thus, proving the fact of a joint acquisition becomes the responsibility of the applicant. The complexity of such processes lies precisely in providing evidence that would be sufficient for the court to make a fair decision. In order for the requirements to be satisfied, the applicant must prove the fact of cohabitation, housekeeping, acquisition of values. It should also be confirmed that the couple considered their property to be common and did not share it. It is necessary to provide concrete evidence about which of the cohabitants and in what proportion invested funds in the acquisition.

Civil marriage (Ukraine): division of property

In SKU, issues relating to material assets in the case of actual marriage are regulated by Art. 74. According to its provisions, if a woman and a man live in family, but have not registered a relationship, all property that they acquired during this time belongs to them by the right of joint common property, unless otherwise provided by a written agreement. All the provisions of the IC of the country that apply to the official marriage, except for some provisions on alimony and inheritance, also apply to actual ones. As evidence of cohabitation may be testimony of neighbors, joint children, relatives. Confirm the fact by providing a rental contract (in the column "tenant" should be two names). Also about actual marriage will testify air tickets, checks, hotel bills, permits. If the cohabitants are prudent, then a lengthy trial can be avoided.

Civil marriage: division of property (Kazakhstan)

The Republic has provisions similar to Russian ones. In Kazakhstan, the rules of the UK do not apply to civil marriage. And material assets acquired during the period of residence cannot be considered jointly acquired. As a rule, when acquiring property, it is executed on any one, despite the fact that the funds are invested in common. In actual marital relations, this circumstance is considered decisive. Therefore, as in the Russian Federation, the most optimal option would be registration in shared ownership directly upon acquisition.