Reasons why the surviving spouse does not receive an inheritance

Rules of conduct for spouses during the year of separation

Distortion and unreliability of facts to shorten the period of separation. A faster divorce is possible only in exceptional cases. For example, when one of the parties infringes on the interests of the other party or children, suffers from alcoholism or drug addiction, uses violence, or under other aggravating circumstances.

The separation of spouses in a marriage can cause divorce. If one of the spouses does not live in the family home and does not participate in the life of the second spouse, then there can be no talk of a marriage union . This is the first time that it is necessary to establish a separation regime.

Why is the moment of ending cohabitation and family relationships important?

Firstly, by virtue of the direct instructions of paragraph 4 of Art. 38 of the Family Code of the Russian Federation, 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.

As a rule, it is recognized in situations that are not complicated by other circumstances.

Secondly, the court usually recognizes that those debt obligations that spouses assume upon termination of separation and termination of family relations are personal debt obligations of the spouse who assumed them.

For example, if one of the spouses, during the period of cohabitation and maintaining family relationships, took out a loan and spent it on family needs, then this loan is the common debt of the spouses. If the loan was taken out after the end of cohabitation and family relations, then the loan, of course, is not spent on the common needs of the spouses, and therefore is not a common debt of the spouses.

Thirdly, if during the period of separation and termination of family relations one of the spouses sells common property, then it is presumed that he turns the money from the sale of common property to his own benefit, and not to the benefit of the family, so the second spouse has the opportunity to either take into account half of the market the value of the property sold when dividing the common property of the spouses, or to recover from the other spouse half the market value of the property sold.

How to prove the separation of spouses

How to prove that you didn't live together

This information can be obtained from explanations of the parties and third parties, testimony of witnesses, written and material evidence, audio and video recordings, and expert opinions.

In what cases is this mode installed (read more...)

Separation of spouses according to the Family Code of the Russian Federation

Hello, Elena! By virtue of clause 2 of Art. 10 of the RF IC, the rights and obligations of spouses arise from the date of state registration of marriage in the civil registry office. According to paragraph 1 of Art. 256 of the Civil Code of the Russian Federation, property acquired by spouses during marriage is their joint property, unless an agreement between them establishes a different regime for this property. A similar rule is contained in Art. 34 RF IC. The law proceeds from the fact that each of the spouses is free to choose their place of stay and residence (Clause 1, Article 31 of the Family Code). Thus, cohabitation is not considered mandatory for spouses. However, if separation is associated with the termination of family relations, it is given legal significance - in this case, the court may recognize the property acquired by each spouse during the period of their separation as the property of each of them (Clause 4 of Article 38 of the RF IC) , since the source of acquisition of property is not the common funds of the spouses, but the personal funds of one of them. This refers to cases of long-term separation of spouses, when in fact family relations between them are interrupted, and not due to objective reasons: one of them is on a long business trip, studying, serving in the army, working in another area, etc. Thus, the property of the spouses is assumed to be common until the contrary is proven. If, after the actual termination of family relations and the running of a common household, the spouses did not acquire property jointly, the court can divide only that property that was their common joint property at the time of the termination of the common household. In such a situation, the spouse concerned must provide evidence that the separation was not temporary and clearly indicates a breakdown of the family. Only in the absence of adequate evidence of family breakdown should the court proceed from the fact that property acquired during the period of separation is still subject to the regime of common joint property (see the Appeal ruling of the Moscow City Court dated November 26, 2014 in case No. 33-37064/14) . In accordance with paragraph 4 of Art. 38 of the RF IC, the court may recognize the property acquired by each of the spouses during the period of their separation upon the actual termination of family relations as the property of each of them. This rule should be considered as an exception to the general rule, since the law connects the occurrence of certain legal consequences (in particular, the emergence of property rights and obligations of spouses and their termination) with a marriage concluded in the prescribed manner, and, accordingly, with a divorce also formalized in the proper manner ( at the registry office or in court). Therefore, the court has the right, and not the obligation, to recognize property acquired by spouses during the period of separation caused by the actual breakdown of the marriage as the personal property of each of them. Moreover, the source of acquisition of property by spouses during this period may also be their common, and not personal, funds.

Legal consequences

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What difficulties might you encounter?

But nothing is ideal in our world. There are many disadvantages to a guest marriage, and you should know about this in advance. Gradually, love fades away, life apart from your loved one no longer seems unbearable.

New acquaintances fill the vacuum; a distant spouse no longer evokes vivid feelings and emotions. In a guest marriage, there is not enough physical and psychological contact. This becomes a depressing circumstance.

When one of the spouses desperately needs help and support, he simply cannot receive it due to the absence of a significant other. You have to go through a serious illness, stress, and a depressed mood alone. And this does not at all strengthen the relationship in a guest marriage.

There is no feeling of confidence, security, or a reliable shoulder nearby. This is especially evident in moments of difficult trials, illnesses, and misfortunes. In the rarest cases, the second spouse supports the injured spouse.

Psychologists know that not every person, deeply immersed in his own separate life, decides to sacrifice something for the sake of a distant spouse. Often, after such tests, the other half, left to the mercy of fate, decides to divorce.

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How to prove the separation of spouses

The determination of such a regime is influenced by the testimony of witnesses. Neighbors, relatives or friends can confirm that you no longer live with your significant other. The court can be presented with evidence that your daily routine, diet, everything that you used to do together has changed, and now everyone has their own activities. For example, now you have lunch in the cafeteria, do not go to joint classes at the gym, and much more.

Advantages of separation of spouses in marriage

Guest unions also existed in pre-revolutionary Russia.
Imagine the following couple. The spouse is a statesman or high-ranking official, forced to live permanently in Moscow or St. Petersburg. His wife, children, close relatives and other household members have not left the estate for many years.

Living here is cheaper, healthier, and also requires supervision of agricultural work. The husband comes to the village as much as his service allows.

Everyone has their own responsibilities: the spouse ensures the financial well-being of the family, his wife takes care of the household and raises the children. Such unions were caused by necessity and were very rare.

The church did not approve of them. Nowadays, guest marriage is not considered an exception to the rule. In an artistic, bohemian environment, such unions are common.

There are many advantages to being married without cohabitation, these include:

infrequent romantic meetings on weekends and holidays;
the opportunity not to change your usual way of life, not to leave your city or country for a long time;
warm, tender relationship between spouses;
complete absence of everyday troubles;
personal freedom of each spouse.

Meetings of spouses in a guest marriage occur infrequently; they are full of romance and tenderness. Each of the couple wants to show their best side. There is no place for habit, routine, everything looks rosy.

For creative people, such relationships are a kind of energy boost. After meeting with their loved one, they feel inspired and full of energy for work.

When living together with a spouse is impossible due to concerts and endless filming, a guest marriage gives a sense of stability. It’s a lot to know that there is a place where a guest performer is always welcome and welcome, even when he has not been home for several months.

People who have already experienced the hardships of unsuccessful family relationships often enter into such an alliance. A guest marriage gives them the opportunity to prevent another person, even a dearly loved one, from entering their personal territory.

They become more loyal to their new spouse. The habits and behavior patterns of the other half are no longer annoying, but seem cute and funny.

The children are not offended either. In a guest marriage there is no place for a stepfather and stepmother. Children do not have to adapt to strangers, burdened with other parenting methods and habits. They grow up in a calm environment because their parents do not quarrel with each other.

In such a union, no one encroaches on the personal space of the spouse or restricts his freedom of movement. No one demands an account of where the other half is, what he is doing when he returns home.

A guest marriage presupposes a harmonious combination of personal freedom with a sense of stability and family. However, such an idyll does not always occur.

In a guest marriage, exhausting household labor is almost completely eliminated. It exists, but is not required. There is no need to stand at the stove every evening, wash and iron for the whole family, or do other routine housework.

If necessary, you can stay late at work. No one will object to your meetings with friends in a cafe or sauna, or trips to barbecue. The refrigerator will be stocked with the foods you love. You no longer have to account for your every action or endure your spouse’s “bad” habits.

In a guest marriage there is no place for gray everyday life, everything here is bright and festive. The aesthetic component is at its best - the spouses are lively, joyful, beautifully dressed. House robes, worn-out slippers, and sweatpants with outstretched knees are completely excluded.

Annoying little things in the form of overflowing trash cans, unironed linen, dirty dishes do not spoil the high spirits at all.

They simply don’t pay attention - after all, the meeting is too short to waste precious time on everyday life.

There is simply no end to the candy-bouquet period; there is no room for boredom and satiety in a relationship. Every meeting is looked forward to and carefully planned.

Fictitious marriage

Shortly before his death, the man officially registered his marriage with the woman who was his nurse. This became clear after the citizen died and the woman declared her rights to inheritance as a spouse.

The prosecutor filed a claim with the court to have this marriage declared invalid because there were signs of fictitiousness. Neighbors gave testimony - the “newlyweds” never lived together, were not relatives, and the man did not tell his acquaintances and friends that he had gotten married. The newly-made spouses did not run a joint household.

A marriage that is entered into without the intention of leading a family life is declared invalid by law and does not entail any legal consequences. Therefore, the “spouse” is not recognized as an heir, regardless of the presence of a marriage certificate.