How the property is divided in a marriage?

Female site sympaty.net wants to ask: do you remember what usually end up fairy tales? Yes, Yes, the ones about beautiful princesses that we loved as little girls. “They lived happily ever after”. But when girls grow up, they see that it is not always happily and not always long.



But in our power, and without magic to make their lives, if not quite miraculous, then at least hassle-free. One of the most painful places relations in modern, what really hide — materialistic society is the property of the marriage.

Let’s see what it can be and how to do in order for you do not become a stumbling block.

What you, property?

Of course, the main source of information about this is the Family Code of the Russian Federation. And virtually every question posed above answer: a joint. This is true, and not true. Because that is what her form is, but it is not the only option. But first, we consider it as the most common.

Joint property in marriage means that all the received and acquired by spouses automatically become joint property. That is, if you or your husband get vacation time at work, it’s not your or his personal money is family money.

This General rule has several important exceptions:

  • property acquired before marriage remains the personal property of the spouse;
  • property received as a gift or inheritance will also be personal property;
  • things of individual using (clothes, footwear) remain personal property.

Regarding the last paragraph in the law has a clause that luxury, even if they use only one of the spouses (for example, diamond earrings wives), remain common property.

But you can not worry in relation to real estate (this issue people still spoil). If the apartment is owned before marriage, to share it with the spouse do not have to – it is your personal property.

Less common in our latitudes separate property. Or rather, the mode of ownership of property, which the couple set themselves by the marriage contract. In this document, the husband and wife can choose joint, separate or shared property regime in marriage for the whole property or parts of it, for example, for large purchases – houses, apartments, cars.

Joint property in marriage

As the most common form of it even carries the official name – the legal regime. Although, of course, this does not mean that others are not legitimate. Just the Family code and the stereotype of human relations gave her priority and I think the current default.

That’s all I got, amassed and acquired a husband and wife during joint lives, will be their joint property. Thus, even if one of them actually did not earn, did not bring income into the family, but he did it for good reasons, the right to own property acquired in marriage, they, nevertheless, will be equal. Female site sympaty.net believes it is important, if to remember how often women leave work, devoting themselves to home and children. Both will be the same valid reasons that allow you to claim part of the property in case of divorce or other conflict situations in the family.

Exceptions to joint ownership we have discussed above, will not be repeated.

There are situations in which even personal by law the property of one of the spouses may be recognized as common. This occurs when it has been greatly improved by a General or personal funds and effort of every, or even one. To explain this on the example of the same apartment. If the wife owned before marriage, “Stalinka” in semi-abandoned, though clean, which realtors sometimes called “after grandma”, and her husband invested a significant part of their personal savings (pre-marital) and wages, turned it into a modern apartment, renovated property will be considered to be already common, as the property incurred during the marriage.

A prenuptial agreement

Oh, it’s many frightening combination of words! And it is convenient in practice for many. Immediately is to say that a prenuptial agreement is a document about divorce and not divorced. It defines property relations between spouses during the marriage and in the case of divorce, that is, its scope is much broader than people think.

To conclude it at any time before the registration in the registry office of your family, but also when you are already husband and wife. Three obligatory conditions:

  • the contract governs only the issues of ownership of the spouses in a legal marriage, and no other (no rights to the child, like in the movies, or paying for infidelity, as in the series),
  • enters into force after official registration of marriage in the registry office (if compiled was before),
  • the contract must be certified by a notary.

Of course, the law contains several limitations on its content, besides the already mentioned children’s and personal-moral issues. The main prohibition is a significant restriction of the rights of a spouse. In this case, the contract may be declared invalid by the court.

The family code provides spouses and those who are preparing to become so, the right choice in dealing with the issue of ownership, distribution and management of property acquired during the marriage. Given that the problems with her are not insured, alas, no one to know about how these problems can be prevented is necessary and important. And we tried to tell you about it.


The author – Nadezhda Gromova, site ToKnow365.top

How the property is divided in a marriage?





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