Ekaterina Kozhevnikova

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Marriage is not an obstacle to the distribution of property between spouses. They don’t have to wait for a break in the relationship to start sharing real estate, cars, kitchen utensils and other jointly acquired things. Division of property during marriage is also possible, and, as a rule, it takes place much more civilized and calmer than during a divorce. Living in love and harmony, it is easier for spouses to agree on material issues. And mutual grievances deprive them of the opportunity to hear each other and compromise.

Division of property without divorce: what the law says

The Family Code does not insist that the property of spouses be divided only upon divorce. Article 38 makes it possible to resolve this issue in advance when there is peace in the family or when there is no peace anymore, but the husband and wife, due to various circumstances, do not want to divorce. This happens, for example, when spouses maintain the appearance of marriage for the sake of children, but in reality each of them begins to lead a personal life on the side. Sometimes it is necessary to resort to division of property in a marriage if one of the marriage partners is a fan of taking loans and at the same time spends the money borrowed from the bank exclusively on himself.

Not only which judge will handle the case, but also the amount of the state duty depends on the value of the property declared for division. It is calculated as a percentage of the price of the claim, that is, the value of the objects listed in the claim (Article 333.19 of the Tax Code). Or rather, from that part of it that the initiator of the trial claims. Since usually the plaintiff spouse asks to divide the declared property equally, he calculates the duty from ½ of its value. The maximum amount of state duty is 60 thousand rubles. (if during division the plaintiff receives property worth more than 1 million rubles), the minimum is 400 rubles.

When spouses get married, they inevitably combine their savings and debts. What do you need to know about joint finances before getting married?

Russian legislation quite clearly regulates the financial responsibilities of future spouses.

“The property that belonged to each of the spouses before marriage is his property,” says Article 256 of the Civil Code.

However, in practice there are many nuances that are worth knowing about.

Saving

Deposits and savings are no different from any other property: if money was deposited into an account before marriage, then it remains the savings of the spouse in whose name it is registered. But if money is transferred to the same account during the marriage, then the amount by which the deposit was replenished is already considered common, says Elena Gabrielyan, a family lawyer and expert at the legal service 48Prav.ru.

The same rules apply to cash savings. But in practice, if disagreements arise about the ownership of money, it is very difficult to resolve them. In the event of a legal dispute, it is almost impossible to prove that this money exists in principle, Gabrielyan warns.

Unfortunately, Russian legislation does not allow spouses to open joint bank accounts, as is done in the United States. What options does a family have for saving money together?

“If spouses need to use one current account, then this can be done either by issuing a power of attorney for the spouse, or by issuing an additional bank card to the account,” says Anastasia Yakupova, head of the collateral lending department at B&N Bank. Another option is to make a deposit in favor of a third party, for example in favor of a child, says Roman Tsivinyuk, vice president of SMP Bank.

The Family Code also has a rule that concerns property improvement. It states that if a family has significantly changed the property that belonged to one of the spouses before marriage, then it can be recognized as common property in court. The improvement should significantly increase its value, says Elena Gabrielyan. For example, if an old, abandoned house has been turned into an expensive mansion at the expense of common funds, then the court may recognize this property as common property.

“In my practice, there was a case when a car cost 50 thousand rubles. tuned and restored and eventually brought its cost to 1–1.5 million rubles,” says Gabrielyan. - This exhibition car was recognized as the joint property of the spouses, due to the fact that its value increased due to common investments. The court transferred the car into the ownership of the husband, and compensation was recovered in favor of the wife.”

Debts

Debts acquired before the wedding, as well as property, belong to the person who acquired them.

Accordingly, if one of the spouses has credit obligations, including a mortgage, the second spouse does not become obligated under these agreements. At the same time, after marriage, the money that goes to repay loan payments is shared, says Elena Gabrielyan. Therefore, the borrower’s spouse still acquires the rights to an apartment, car and other property taken on credit.

“In the future, the spouse will be able to claim half of the payments that were made during the marriage,” notes Elena Gabrielyan. - For example, if a family paid 100 thousand rubles. per month, then in the event of a divorce, the wife can demand half of the paid amount from the borrower husband. Moreover, she has the opportunity to transfer this amount into the cost of a share in the apartment.”

Often, repayment of loans comes from the funds of one spouse or the funds of the parents of one of them. In this case, in order for one of the spouses to protect themselves, a separate account should be created to which money is transferred from a source to which the second spouse has no relation, Gabrielyan advises. However, according to her, you need to have a document confirming that money or property was donated - a gift agreement. Additional evidence may include documents confirming the transfer of money across accounts - for example, from the parents' account to the spouse's account.

One of the spouses can also, if desired, become a co-borrower and share the debt burden. To do this, the couple needs to contact the bank with a corresponding application. “Most likely, the bank will make a positive decision, since the co-borrower will officially share financial obligations with the main borrower,” says Natalya Konyakhina, director of the retail credit products department at SMP Bank.

If the bank agrees to include a co-borrower in the agreement, the terms of the loan will be changed. Indeed, in this case, one of the essential points of the loan agreement changes, explains Konyakhina.

If the spouse is bankrupt

Soon in Russia there will be citizens with a new financial status - bankrupt. In October 2015, the law on bankruptcy of individuals came into force in Russia. The first Russians have already begun to go through bankruptcy proceedings. It is not yet clear how this status will affect relatives in practice, but in theory it should not negatively affect them.

“Bankruptcy is a personal status and does not apply to the future spouse. If the obligations that led the spouse to bankruptcy arose before marriage, then in any case this is only his problem,” explains Elena Gabrielyan.

Thus, formally, the second spouse can take out loans for himself, including a mortgage, and has a chance of getting approval.

“A spouse can apply for a loan without involving a co-borrower if his income level is sufficient for the bank to approve the amount specified in the application,” confirms Natalya Konyakhina. “However, the bankrupt spouse will not be able to act as a co-borrower on the loan.”

The press service of MKB Bank noted that the bank will consider such situations on an individual basis. When making a decision, the bank will focus on compliance with basic requirements: sufficient income to service the debt, credit history, etc.

A bankrupt spouse, unless a marriage contract has been concluded, has the right to property acquired during the marriage. “In other words, the status of a bankrupt does not in any way infringe on his rights to marital property,” summarizes Elena Gabrielyan.

How to properly manage family finances

The ideal option to protect future spouses from financial disputes is to conclude a prenuptial agreement. The Family Code allows you to do this both before going to the registry office and at any time after marriage (Article 41 of the Family Code). The marriage contract can specify not only the rules for the division of property in the event of a divorce (these rules may differ from those established by law), but also the financial responsibilities of the spouses during their cohabitation: the procedure for incurring expenses, obligations for mutual maintenance, etc. (Article 42 of the Family Code ).

However, in Russia this method of managing joint finances is not yet popular. According to the general director of the Personal Advisor company, Natalya Smirnova, out of almost 400 clients, she saw a prenuptial agreement from only one couple.

But even without a prenuptial agreement, spouses can adhere to rules that protect the income and property of each of them. Thus, Natalya Smirnova advises saving money together only for common purchases: for an apartment, a car that both spouses will use, etc. “If these are personal savings, I would recommend registering them in the name of the parents, so that in the event of a divorce this money will not be divided,” advises Smirnova. “Because it is unknown how the other side will behave in this case.”

It is important that when saving together, the contribution of both spouses is comparable. “It often happens that someone earns more. In this case, it is advisable to save money proportionally. If the husband saves 10% of his salary, then it is better for the wife to also save 10% of hers. Otherwise, this could be a potential time bomb in terms of future quarrels over finances,” says Smirnova.

If before marriage one of the spouses had loans, this does not mean that the other is obliged to participate in their repayment. “It’s better if everyone pays off their loans,” says Smirnova. “This way you will check your other half in terms of financial literacy and will not start the marriage with unnecessary obligations.”

When it comes to new joint loans, any financial action during marriage should be considered in terms of the consequences in the event of divorce, warns a financial adviser. Before you become a co-borrower on a loan, consider whether you will be able to pay it yourself in the event of a divorce.

9624

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The husband (a citizen of a European country) did not work during his marriage to a citizen of the Russian Federation, was a university student, and lived off bank transfers sent by his parents.

During a divorce, can a husband claim half of his wife’s income, citing the fact that he was her dependent?

Lawyers' answers

888 (08/20/2012 at 10:47:48)

Hello! The joint property of spouses is the property acquired by them during marriage. It is this property that the spouses share in the case. However, the need may also arise during a marriage, for example, when one or both spouses want to specifically outline their part of the property or in the event that a creditor makes a claim to divide the spouses’ common property in order to foreclose on the share of one of them. The common property of the spouses is understood in Art. 34 of the IC is as broad as possible and includes everything acquired by the spouses during the marriage: the income of each spouse from labor and business activities, the results of intellectual activity, the pensions they received, benefits, as well as other monetary payments that do not have a special purpose; movable and immovable things, securities, shares, deposits, shares in capital acquired at the expense of the common income of the spouses, contributed to credit institutions or other commercial organizations; common debts of the spouses (clause 3 of Article 39 of the Family Code) and rights of claim for obligations arising in the interests of the family. In this case, it does not matter in the name of which of the spouses the property was acquired or in the name of which or which of the spouses contributed funds, unless a different regime for this property is established between them. Therefore, for example, an apartment registered in the wife’s name and a bank deposit made in the husband’s name are still common. In those cases where the legal regime of the spouses’ property is changed by the marriage contract, the court, when resolving a dispute over the division of property, will proceed precisely from the terms of such a contract. The very possibility of deviating from the regime of common joint property enshrined in the Insurance Code may give rise to one of the spouses (the more economically stronger or simply more active) intention to infringe on the property interests of the other spouse by achieving the inclusion of unfair conditions in the contract (for example, one of the spouses is completely deprived of the property, acquired by spouses during marriage). Such conditions, which place one of the spouses in an extremely unfavorable position, may be, in accordance with paragraph 3 of Art. 42 of the IC, were declared invalid by the court at the request of this spouse. 2 tbsp. 39 of the RF IC may, in some cases, deviate from the beginning of equality of shares of spouses, taking into account the interests of minor children and (or) the noteworthy interests of one of the spouses. The noteworthy interests of one of the spouses should, in particular, be understood not only as cases where a spouse, without good reason, did not receive income or spent the common property of the spouses to the detriment of the interests of the family, but also cases where one of the spouses, due to health reasons or other reasons, due to circumstances beyond his control, he is deprived of the opportunity to receive income from work. The court is obliged to provide in its decision the reasons for the deviation from the beginning of equality of shares of the spouses in their common property.

Zaripov Vladislav(20.08.2012 at 13:00:12)

Hello! Article 90 of the RF IC provides for the right of a former spouse to, after divorce, 1. The following have the right to demand alimony in court from a former spouse who has the necessary means for this: an ex-wife during pregnancy and for three years from the date of birth of a common child;

a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I; a disabled, needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage;

9624 a needy spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time. If there are these grounds, then use Article 92 of the RF IC. The court may release the spouse from the obligation to support another disabled spouse in need of help or limit this obligation to a certain period both during the marriage and after its dissolution: in the event that the incapacity of the person in need of help the spouse suffered as a result of alcohol abuse, drug abuse or as a result of the commission of an intentional crime; if the spouses are married for a short period of time; in case of unworthy behavior in the family of the spouse demanding. Good luck.

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Hello Article 34. Joint property of spouses 1. Property acquired by spouses during marriage is their joint property. 2. Property acquired by spouses during marriage (common property of spouses) includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other monetary payments that do not have a special purpose ( amounts of financial assistance, amounts paid in connection with loss of ability to work due to injury or other damage to health, and others). The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds. 3. The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income. And when dividing property, the following is indicated: Article 38. Division of the common property of the spouses 1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a claim by the creditor for the division of the common property of the spouses to foreclose on the share of one of the spouses in the common property of the spouses. 2. The common property of the spouses may be divided between the spouses by agreement. At the request of the spouses, their agreement on the division of common property can be notarized. 3. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court. When dividing the common property of spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If one of the spouses is transferred property, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation. 4. The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them. 5. Items purchased solely to meet the needs of minor children (clothing, shoes, school and sports supplies, musical instruments, children's library and others) are not subject to division and are transferred without compensation to the spouse with whom the children live. Contributions made by spouses at the expense of the spouses' common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the spouses' common property. 6. In the case of division of the common property of the spouses during the marriage, that part of the common property of the spouses that was not divided, as well as the property acquired by the spouses during the subsequent marriage, constitute their joint property. 7. A three-year period applies to the claims of spouses for the division of common property of spouses whose marriage is dissolved. Article 39. Determination of shares when dividing the common property of spouses 1. When dividing the common property of spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses. 2. The court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family. 3. When dividing the common property of the spouses, the common debts of the spouses are distributed between the spouses in proportion to the shares awarded to them. Vladimir(08/20/2012 at 15:09:16)

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consultations, drafting.

(08/20/2012 at 15:47:26) During a divorce, all jointly acquired property is divided by gender. The income of the spouses is also the common property of the spouses. If the case comes to court, I recommend that you carefully read the rules of the RF IC on divorce and property distribution. If your income is significant, I recommend hiring a lawyer or attorney to handle the case.

Good afternoon Judging by your question, the husband was dependent on his parents. As for the question of whether your income may need to be divided or not, it will depend on whether you spent your income on it or were hoarding and spending something on yourself. If you have savings created during the marriage, then he will be able to demand that they be divided, even if they were made in the form of a deposit, even if registered in your name. If there are no savings, and everything is spent on the needs of the family, then there will be nothing to recover.

Probably, most newlyweds don’t even imagine what it’s like the most difficult periods of family relationships, whether there can be difficult relationships in their marriage at all, if they love and value each other so much.

It turns out that anything is possible. Even the most loving spouses have the most difficult and most dangerous periods of family relationships, which are sometimes not easy for both spouses to survive.

Often love, affection, mutual respect and other family values ​​prevail, and the most dangerous periods of marriage can be survived, but sometimes everything happens quite the opposite.

Couples break up after several years of marriage, unable to overcome their most difficult periods as husband and wife.

Let's figure out what these are the most difficult periods in marriage and the most dangerous periods in the relationship between spouses.

The most dangerous periods in a marriage

Psychologists say that the most difficult and dangerous periods in the relationship of a married couple are the 2nd, 3rd, 4th, 10th, 12th year of life.

The most dangerous periods of marriage include first two years of marriage. It is after the spouses begin to live together and the euphoria of passion begins to be suppressed by everyday problems that many couples separate.

During the most difficult periods of a marriage, husband and wife try to influence their partner, trying to re-educate or change her views on the world.

Yes, getting used to each other is not so easy. Each person has his own habits, passions and desires, and everyday problems and frequent lack of money can destroy even the relationship of the most loving couple.

Animals influence the development of children:

The most dangerous periods in a married couple’s relationship include the tenth year, which is a very dangerous year for marriage, because according to statistics, After living together for ten years, the couple divorces, having lost such an important and valuable component of relationships as psychological intimacy.

It would seem how people who have been together for so many years can separate. Yes, they break up very often.

The most dangerous tenth year of married life may coincide with the personal experiences of the husband or wife, which, under the influence of the period of middle age, can cause thoughts about old age, death, about things that they wanted to do, but failed, etc.

The most dangerous periods in the relationship between husband and wife provoke the spouses to want to start over again, changing their lives the way they saw it in their fantasies and dreams.

In such pronounced alienation, people begin to move away from each other, forgetting how much they once loved. And here is the culmination: thoughts about divorce, and often in fact – divorce!

Do you want to achieve something in life?

Set new goals that put your family first.

Try to achieve your goals together. Be sure to demonstrate your cohesion in front of your children.

If you want your children to be happy in the future, forget about your difficult periods in marriage, show that you are one. Don’t forget: children follow the example of their parents, and if they see their parents’ family problems, maybe this model of married life will haunt them too.

And now let's go back to the third, fourth year of marriage. Why are the most dangerous periods in marriage during these years?

The answer is simple. Most families start having children after three or four years. Having a child is stressful not only for a woman, but also for a man.

The new mother is very tired and asks her husband to help. And the spouse, exhausted at work and tired from lack of sleep, tries to explain his condition by refusing to do household chores. Many husbands support their wives, but it also happens when a husband moves away from his wife after the birth of his first child, both in matters of assistance and psychologically.

During the most difficult periods of a family’s life, namely after the birth of a child, husband and wife begin to quarrel disastrously often. It becomes a habit. Quarrels begin to arise over trifles, which further alienates the spouses.

After the birth of the baby, due to the busyness of the young mother, the man feels lonely, because the baby gets all the attention.

Yes, it is difficult to raise a baby and have time to pay attention to your husband, but this is the only way you can avoid conflicts, quarrels and the collapse of relationships.

During the most difficult and dangerous periods of a marriage relationship, the 12th year of life of a married couple.

The only question is why, when all the hardest things are behind us, when there is work, children and no significant problems, a family crisis in the relationship begins.

Here everything is individual for each family, but most often people grow cold towards each other. Common topics and understanding of each other disappear.

There is less and less intimacy between spouses, because the passion that once seethed at full speed has disappeared somewhere. A midlife crisis also affects the relationship of spouses.

Allow your significant other to have their own space. Create conditions for her psychological comfort. Spend time together to receive vitally important pleasant emotions.

Give each other pleasant moments, take care and support each other, appreciate your soul mate, and then the most difficult and dangerous periods of a marriage will pass unnoticed for you.

Be happy!

The current one provides for the possibility of dividing the property of spouses not only during divorce, but also. This can be done both before the divorce and without the intention of breaking the family union.

It is important to remember that there is indivisible things, namely:

• separate property of husband and wife (inheritance, gifts, for example);
• acquired in order to meet the needs of minor children;
• deposits made in the name of common minor children.

After completing the procedure for delimiting property rights during marriage, the husband and wife can continue to live together. Everything that they acquire after that will be subject to the regime, that is, ownership will be considered to be in equal shares.

Grounds for division of property during marriage

The need to differentiate property rights may be due to a variety of reasons. For example, it may be necessary divide jointly acquired property so that one of the spouses can pay his personal debts or give his share to his children.

Sometimes the division procedure is resorted to due to the actual termination of family relations (separation without divorce, for example) or because of the extravagance of one of the parties. During a marriage, the need to divide property may also arise when this demand is made by the creditors of one of the spouses in order to be able to foreclose on his share in the common property.

When delimiting the property rights of husband and wife, the rule of equal shares applies, unless otherwise provided by agreement between them.

Methods

Using a marriage contract

It is one of the ways to distinguish between jointly acquired property or what will be acquired in the future. However, this method is not particularly popular in Russian society.
The marriage contract must be concluded in writing and be certified by a notary. In it, the parties can establish any ownership regime (shared, joint or separate).

Using a property division agreement

jointly acquired property is the most accessible way of delimiting property rights. Such an agreement can be drawn up in the so-called simple writing(that is, without certification by a notary) and sealed with the signatures of the parties. However, the law does not prohibit notarizing such a document if necessary.

The above agreement can also be formalized by submitting an application to the authorized bodies for a certificate of ownership to be issued for a certain share in property recognized as common.

Judicially

The division of what is acquired jointly, as well as the determination of shares in property rights, done through the court, if there is a dispute between spouses, or if it is necessary to foreclose on the share of one of them.

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At the request of the parties, the court must determine what exactly should be transferred to each of the parties. If one of the spouses receives ownership of property whose value exceeds the share of the opposite party, the court may award monetary or other compensation.