The legal relationship of spouses regarding property is a social relationship between them in a marriage, which are governed by the norms and laws of family law. In this context, we mean common joint ownership and material content, moreover, mutual.
The concept and types of legal regimes of spouses' property acquired together
Joint property is considered to be acquired in marriage, regardless of which spouse it was purchased in and for which money.
This definition allows us to distinguish two types of relations between spouses regarding property:
- Jointly acquired property.
- Mutual financial content, that is, the legal relationship of the spouses regarding alimony.
In addition to the Family Code, Civil relations can also regulate relations between spouses of a property nature, if the latter does not contradict the first. Current legislation distinguishes two legal regimes of spouses' property, taking into account their will, namely, contractual and legal. Let's take a closer look at them.
Legislation of property
All actions are determined by law. The Family Code, namely article 33, paragraph 1, defines the legal regime of spouses' property as the scope of their joint property acquired in marriage. If before the marriage a contract was not signed providing for other conditions, then upon divorce the property is divided according to the established legislation.
According to the definition of the Civil Code, jointly acquired property means property without allocation of a share of each spouse. Under the jointly acquired property, the family legislative base refers to the property that was acquired by the couple during the period of legal marriage. 
Such property of married partners includes:
- Any income of each spouse received from entrepreneurial, intellectual and labor activity.
- Benefits, pensions and other inappropriate social benefits received by spouses.
- Movable and immovable property, stocks, securities, shares, shares in various organizations, acquired for total income.
- Other types of property that were acquired during the legal regime of the common property of the spouses. These purchases are recognized as jointly acquired, regardless of whose money they were received from.
The law does not provide an exhaustive list of property that can be described as joint, since this property can include any property that has not been withdrawn from civilian circulation.
Disposition and use of joint property
The use, possession and joint disposal of spouses' property is regulated by 35 articles of the Family Code and 253 articles of the Civil Code. There is one general rule: a married couple, by mutual agreement, disposes, owns and uses joint property. However, this does not exclude the possibility of disposing of property by one of the spouses. Such transactions should be executed with the fulfillment of certain conditions, namely:
- If the transaction does not provide for notarization and registration with state bodies, then it can be completed without the written consent of the second spouse, as it is a priori assumed.
- If the transaction can be carried out only with notarial support and subject to mandatory registration with state authorities, then the second’s spouse’s certified consent for its conclusion is necessary.
The Civil Code provides for a number of reasons for declaring a transaction invalid. The Family Code, in turn, also includes several points on which a transaction made by one of the parties with property that is in the legal regime of the property of the spouses is invalidated.
Reasons for termination of the contract
Grounds for terminating a transaction made without the participation of a second spouse:
- The transaction is canceled if it is proved that the second partner did not know about it or was deliberately disagree.
- If the transaction provided for a notarized confirmation by the second spouse, but was completed without him, it may be deemed invalid.
According to the law, a party dissatisfied with the transaction can file a lawsuit with the court within one year from the date of signing the transaction or when the spouse should have learned about it.
Separate property
Article 36 of the Family Code prescribes forms of property that are not included in the joint category. This list includes:
- Property and things that were owned by each of the spouses before marriage.
- Property received as a result of donation, inheritance or in any other way for free use of one of the spouses.
- Personal items for personal use. Luxury items and precious jewelry are not included in this list.
The court may decide to recognize as separate property that was acquired during the termination of family relations, but before the official divorce. It should be noted that simply living separately for each property is not enough to recognize property, even if a contractual regime for the property of spouses is established between the couple.
This is due to the fact that, according to the law, each spouse can choose a place of residence. It is also necessary to prove the fact of the termination of the marriage.
In exceptional cases, under certain conditions, separate property may be recognized as joint property. Such circumstances may be an increase by an order of magnitude in the value of the property of one of the spouses, due to joint investments or earnings of the other.
General Property Section
Spouses have the right to share jointly acquired property both during legal marriage, and upon its dissolution, and for three years after that. There are two ways to divide property between a couple:
- By agreement of both parties, which can be executed by notary.
- Through the court. Usually this method is used by couples who cannot pre-trial solve the issue of the division of property.
The main thing that needs to be decided is the shares that are due to each of the spouses. Sometimes the court determines the specific property that will be assigned to one of the spouses.
Section 39 of the Family Code provides for the division of joint property into equal parts between spouses. This is true if there is no prenuptial agreement that states otherwise. However, there is an exception to this rule. Separately, a clause is passed in the Family Code according to which the court has the right to divide property in unequal shares when it comes to the interests of minor children.
At the initial stage, shares are divided in an ideal ratio, then a specific property is distributed. If one of the spouses receives property of greater value, then the other is awarded monetary or other compensation.
When dividing jointly acquired property, it is necessary to take into account the total debts of the spouses. They are also divided according to the shares determined by the court.
Contractual regime of property
This type of property regime of spouses is regulated by the eighth chapter of the Family Code. This is a new practice for our country, not yet widespread everywhere.
A prenuptial contract is an agreement signed by persons who are legally married or are in such a marriage. This agreement governs the property rights of a couple during marriage or in the event of a divorce. This is the contractual regime of the property of the spouses.
A prenuptial agreement is a civil law agreement. Therefore, in its preparation, the norms of not only the Family Code, but also the Civil Code can be taken into account.
The subject of the marriage agreement includes the obligations and rights of spouses in the field of property during the period of legal marriage or divorce. When a marriage is made by minor citizens, the legal regime of the property of the spouses is an agreement that can be signed only after the legalization of relations. Otherwise, citizens are not classified as competent.
Conditions for concluding a contract in accordance with the law
Thus, the Family Code prescribes the following conditions for concluding a marriage contract:
- Before entering into legal marriage. The contract takes effect from the moment of registration of the marriage.
- After legalizing marriage at any given time.
The marriage contract must be executed with a notary, otherwise it may be invalidated.
The content and conditions of the marriage contract
Article 42 of the Family Code lists the sample points that should be provided for in a marriage contract. Among them:
- Change of ownership regime prescribed by law.
- Determination of the individual regime of spouses' property.
- Establishment of the duties and rights of the couple in terms of property maintenance.
- Determining the degree of participation of spouses in each other's income.
- Determination of the form of expenses for each of the pair.
- Assignment to partners of property that will remain with the partition.
- Other provisions of the contract, including obligations and rights of spouses.
What cannot a marriage contract
The law also provides for conditions that cannot be included in a prenuptial agreement. These paragraphs provide for the protection of the rights and freedoms of spouses and other family members. By law, a marriage contract cannot:
- To impose restrictions on the legal capacity and the right of spouses to sue in order to protect their interests.
- Identify personal non-property relationships between couples.
- Determine the responsibilities of spouses in relation to children.
- Limit the right of a legally incompetent partner to receive child support.
- Provide clauses that are unfavorable for one of the spouses.
- Include clauses contrary to family law.
Modification and Termination
The marriage contract can be terminated or adjusted by a common decision of the spouses at any time. Making changes or terminating the contract involves the participation of a notary.
Unilaterally change the contractual regime of the property of the spouses does not work. This can only be done during a trial initiated by one of the partners. In this case, the court will apply not only the norms of the Family Code, but also individual articles of civil law that govern the termination of civil law agreements.
The grounds for termination of the marriage contract may be:
- Termination of marriage.
- Expiration of a document.
- Court decision providing for the annulment of the contract.
- Fulfillment of all conditions of the agreement on termination of the marriage contract.
Thus, it is almost impossible to protest the terms of the contract in case of disagreement with its clauses.
Invalidation of an agreement
Like any other agreement, a prenuptial agreement may be wholly or partially invalidated by a court decision.The grounds for such a decision can be divided into two groups:
- General, which are prescribed in civil law.
- Special, regulated by the Family Code (Chapter 7 of the RF IC).
A prenuptial agreement may be declared voidable or void depending on which clauses and conditions stipulated by it have been violated.
An agreement is considered null and void if it:
- It was signed in violation of the notarized form.
- Drafted without regard to laws and legal acts and in contradiction with them.
- It was concluded fictitiously, without a desire to cause legal consequences.
- It was signed as a cover for another transaction.
- Confirmed by a person who is legally incompetent.
Subject to special conditions, a marriage contract is void in the following cases:
- If it contains clauses on infringement of the rights and freedoms of one of the spouses.
- In the case when the contract imposes a restriction on the filing of the statement of claim to the court.
- When a contract defines personal marital relationships not related to property, as well as children.
- If the contract conflicts with the norms of the Family Code.
- If the marriage contract limits the legally incompetent spouse to his right to receive child support.
Contested contract
A prenuptial agreement is recognized if it is signed:
- Incapacitated person.
- Against the background of delusion.
- As a result of violence, threats, deception or a combination of difficult circumstances.
- A person who is not able to understand the perfect actions and perceive them properly.
The above circumstances are common. There are also special grounds that provide for the creation of adverse consequences for one of the spouses.