The Supreme Court's View of Conditioning in Family Relationships

When dividing property, establishing paternity, or in other cases, a dilemma often arises about how to prove a civil marriage. If the couple has not formalized the relationship, the only salvation is to go to court. It is this body that has the right to confirm or deny the fact of cohabitation. Below we will consider what the features of the term are, what the legislation of the Russian Federation says about this and whether it is possible to prove the fact of being in a civil marriage. We will provide step-by-step instructions for action and analyze the difficulties that arise when solving problems with the division of property or children.

Unofficial marriage and rights of spouses

Since in a civil marriage there are no legally established mutual rights of husband and wife, each of them acts in various legal relations as a free citizen.

Features of unofficial marriage:

Since the regime of common joint property is not established for unofficial spouses, each of them owns what his right of ownership is registered for. Therefore, it is recommended to register shared ownership in both the wife and husband during the transaction. The size of the shares is determined by agreement between the spouses.
Everything that common-law spouses earn is not considered their common family budget, and each of them has the right to manage their own money at their own discretion. The only thing that can be done jointly is to open a joint bank account and replenish it. But in case of disagreement, it is not known how to divide it, although it can become “iron” evidence in court confirming a civil marriage.
In the event of separation between an unofficial husband and wife, loans and debts are not divided, but remain with the spouse for whom they are registered. For example, a receipt, a loan agreement, a mortgage, a loan, etc.
When alienating any property (apartment, land, house, car), it is not necessary to obtain the consent of the second spouse. The law establishes this rule only for legally married persons.
If one of the cohabitants has problems with the criminal law, the second spouse is obliged to testify against him, since he is not his relative based on the marriage certificate.
When cohabiting, it is impossible to draw up a marriage contract that would regulate the most important property issues. Any agreement signed by common-law spouses as such is considered invalid.

In practice, the most pressing issue related to living space arises. If the husband purchased an apartment or an individual residential building and registered this object in his name, then he will be considered the sole owner, despite the fact that both invested money in its purchase. If the spouse did not financially participate in the acquisition of the real estate, she has no right to claim it.

In order for a spouse to defend her rights to an apartment or other real estate, she will have to go to court and prove that part of her money was also invested in the acquisition of the disputed property. When dividing an apartment purchased during a legal marriage, a married woman would automatically receive half, without proof of her right to it.

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On behalf of the Men's Movement and the Territory of Free Men, we declare the inadmissibility of adopting amendments to the Family Code of the Russian Federation aimed at infringing on the rights of men in Russia. A bill has been submitted to the State Duma of the Russian Federation to introduce into the Family Code of the Russian Federation the concept of “actual marital relations”, which equates cohabitation between a man and a woman to an official marriage after five years of cohabitation of a couple without children, or two years with children. I discussed the absurdity of this initiative in detail in a separate video. https://www.youtube.com/watch?v=UrN5oQC5TXY After the adoption of the bill, in the event of separation of partners, the legal consequences may be similar to an official divorce. The property of partners acquired during the period of cohabitation will be recognized as the joint property of the spouses and divided in half. This initiative contradicts the fundamental rights and freedoms of man and citizen and can cause significant harm to society. The bill, if passed, would violate the following rights.

1. According to family law, marriage is a voluntary, equal union of a man and a woman, concluded in compliance with certain rules for the purpose of creating a family. To enter into a marriage, mutual consent of the persons entering into marriage is required.

In the case of forced recognition of cohabitation as marriage, the principle of voluntariness will be violated.

2. Recognizing the property of partners as jointly acquired property may violate the rights of third parties (relatives of any of the partners) who participated in the acquisition of property of one of the partners. Not only sexual partners, but also any other people can jointly acquire large property by registering the property in the name of only one person.

3. The basis for the bill is the reduction in the number of official marriages. After the start of forced registration of cohabitation as a marriage, the number of marriages will not increase. The number of so-called civil marriages, in view of the fact that men will begin to avoid any communication with women. This will create a fundamental rift in society. At the moment, the rights of men are violated by family legislation and law enforcement practice. Many men find a way out by refusing to officially register their marriage. After the adoption of the bill, there will be only one way out - complete separation based on gender. Thus, the bill creates social divisions based on gender.

4. If the law is adopted, an incentive will be created to refuse the acquisition of large property, and therefore permanent work. When confiscation of property from a man is possible due to the fact that he lives with a woman, the point of acquiring this property is lost.

We, the men of Russia, consider it necessary to reject the proposed bill.

How to prove living in a civil marriage

Most often, the party who already has property and a good salary refuses to register the marriage. This is done so that in case of divorce it is not divided in half.

If there is a common child, they go to court to protect his rights. If the husband refuses to recognize the children, the court will order a DNA examination. After paternity is recognized, the child’s mother files a claim for alimony and other payments. Contact the court at any time; the father must pay child support until the child turns 18 years old.

The father can recognize the child voluntarily, without trial or registration of marriage.

Contact the court if you bought property with common money. If you make an effort, you can prove that it was acquired by shared ownership. To do this you will have to collect evidence. This could be a receipt for the transfer of money or a transfer to a bank card.

But as you understand, there is simply no separate statement of claim for recognition of a civil marriage. But if you want to establish paternity, divide jointly purchased property, establish alimony, receive an inheritance from this man - then, of course, you need to write a statement of claim and submit it at the defendant’s place of residence.

The application must be accompanied by:

Receipt for payment of state duty.
Copies of passports and certificates (birth of a child, death of a partner, etc.).
Any evidence that will help the judge: testimony of relatives or friends, contracts for the purchase of property.

State fee calculator for marriage registration:
Where will you pay the duty?	At the bank Through State Services
Who will pay the fee?	Groom bride

Why do you need to prove the fact of a civil marriage?

Is it necessary to prove the fact of a civil marriage if the RF IC does not recognize this form of family relations at all? In most cases, this is truly pointless, since there will be no legal consequences. However, in some exceptional cases this may indeed be advisable:

when considering a dispute about establishing paternity (in addition to DNA testing, the court is obliged to take into account all aspects, including the existence of a common relationship between potential parents, the fact of cohabitation);
when considering inheritance disputes (persons without family relations can receive an inheritance by law if they lived together with the deceased and were dependent on him);
when considering property disputes (although it will be impossible to divide property according to the standard rules of the RF IC, it is possible to prove the joint incurrence of expenses and demand part of the funds).

Even in the listed cases, the proven fact of a civil marriage does not guarantee that a man or woman will be able to acquire any rights. Therefore, it is advisable to resolve all controversial issues by mutual agreement, without going to court. It is advisable to use the services of a lawyer or advocate, especially if it is necessary to draw up mutual documents (contracts, agreements, etc.).

What does the law say about civil marriage?

The RF IC (Article 1) states that a marriage officially registered in the registry office is recognized as legal. In other cases, we are talking about ordinary cohabitation between two people. To replace it, many use the term civil marriage, but this category, as a rule, includes officially registered relationships. If a woman and a man did not apply to the registry office for registration, this is called cohabitation or marriage without registration.

According to statistics in the Russian Federation, 4 out of 10 couples do not want to legalize their relationship. They choose a simpler option for cohabitation - “civil marriage”, that is, living together without registration in a special registry. In recent years, there has been talk in Russia about legalizing such relations, but things have not gone beyond proposals. For 2021, cohabitation or, as people say, “civil marriage” is not stipulated in any way at the legislative level.

Unofficial husband and wife have limited rights. They are not available:

registration of a marriage contract
submitting a request to improve living conditions
receiving subsidies or compensation due to a family situation
payment of alimony payments
inheritance of one's own partner, etc.

To obtain rights, you must prove a civil marriage in court and provide evidence. This may require witness testimony, receipts for payment of housing and communal services and other data.

Additional nuances of proving a civil marriage

Benefits and compensation related to the emergence of family relationships cannot be realized in a civil marriage. For example, cohabitants will not be able to receive an apartment or a cash subsidy under the Young Family program, since in order to submit documents they need to confirm the official registration of the marriage. If the right to social measures support arises for both cohabitants, they have the right to implement it without the consent of the second partner.

It is possible to prove a civil marriage to apply for a visa, but this will also not entail legal consequences. Such issues are resolved under the laws of the country issuing the visa or entry permit. Therefore, the presence or absence of a civil marriage in the Russian Federation will have virtually no effect on the final decision. Most foreign countries consider issues of visas individually for each applicant. Civil marriage will not matter in this case.

How to prove the cohabitation of spouses

The fact of living together can be proven by testimony, but the fact of joint budget management is almost impossible. Registered: 02/16/2005 Messages: 1315 From: Moscow Added: 10:15, Thu Jun 08, 2006 Message title: This will give you absolutely nothing, because your current wife has exactly the same rights as you to alimony, regardless of where they live whether they are together or not and whether they have the same budget or not, now the court will set a new amount of alimony based on two children, and accordingly your alimony will decrease.

Rights of a common-law spouse

When touching on the issue of inheritance, it should be understood that inheritance can be obtained by will or by law.

In the event of a will, the common-law wife has the right to receive a share if she:

was mentioned in the document;
was disabled for a year and was dependent at the time of her husband’s death ( Article 1148 of the Civil Code ).

The last condition is valid in both cases of inheritance - by will and by law.

Can a common-law wife claim inheritance by law? An unregistered marriage in the registry office will cause her to not be able to inherit. The court will need compelling reasons to grant the request; it will require evidence of participation in the formation of the family budget.

How to obtain inheritance rights?

To obtain inheritance rights, the common-law wife must prove in court and to the relatives of the deceased that during the entire time they lived together, joint property was accumulated, to which she also has the right. The size of the share is determined by her personal income and the contribution she made. The following is used as evidence:

certificate of the spouses' earnings;
testimony of witnesses at trial - neighbors will confirm the fact of living together;
certificate of registration or from the housing office;
receipts, checks and other papers related to finances - will prove the wife’s participation in various types of purchases;
joint photographs and video materials of cohabiting spouses.

Only the court, having studied all the circumstances of the case, determines the total size of the share that the spouse will receive. A common-law wife has the right to any property that is registered directly in her name.

Reasons for refusal

A common-law wife has no right to claim her husband’s inheritance if:

the spouse was not included in the will;
was not disabled for one year at the time of her husband’s death;
there is no evidence of cohabitation or it is insignificant.

If children were born in an illegal marriage, then they are the only ones who will be able to receive an inheritance. However, the father must acknowledge paternity during his lifetime. Otherwise, the wife will have to prove the fact of relationship in court.

Is it possible to prove a civil marriage?

Today, the need to prove the existence of a civil marriage arises in the following cases:

division of jointly acquired property upon separation;
death of one of the common-law spouses.

Despite the absence of stamps in passports, an interested citizen can prove the existence of unofficial family relationships. This can be done by resorting to judicial protection. Even if one party refuses to recognize the marriage after a long cohabitation (most often due to the fact that he has property and a high salary), the court can force him to do this through the fulfillment of relevant obligations.

What can prove that we, being married and living separately, do not maintain a common household?

Our marriage has lasted for more than 55 years. But since 1999 we have not lived together, we do not (in my opinion) run a common household. From that time on, I live and work in Novosibirsk, I have an apartment here that I bought (being formally married!) Only for the sake of the former youthful love and for the sake of the peace of mind of the children, we met on holidays. Unfortunately, as a rule, all meetings had a good start, but ended in quarrels and nervous breakdowns.

But I want to understand whether my Novosibirsk apartment will be shared between us? What evidence (certificates, documents) may be required that we really do not run a common household. In this case, can my wife also lay claim to some part of my Novosibirsk apartment? I wouldn’t want to go to court, and if it’s clear that we can simply divide the property, leaving everyone with their own apartment, that would be the best option. That 4-room apartment is in the Tomsk Academgorodok (with an improved layout, I think the best), my 2-room (Khrushchev-era) is in the Novosibirsk Akademgorodok. In the meantime, my wife does not understand this opportunity and advantage, she is very worried and does not accept my arguments. Therefore, I ask you to give your professional opinion (conclusion).

Interesting read: Production characteristics category of severity of work performed

Are there male and female benefits to living in a civil marriage?

Let's compare how common-law wives and common-law husbands most often feel about such a marriage. So, “wives” exaggerate the word “marriage” too much, and “husbands,” on the contrary, understate it. That is, women more often hear the word “marriage”, and men more often hear the word “civil”. When asked about their marital status, men answer: “Single,” but women answer: “Married.”

Is a woman comfortable in such a marriage? Hardly. After all, deep down, every woman wants a man to propose to her, officially confirming his feelings and his serious intentions. Only a woman with a masculine outlook on life and a masculine character can feel comfortable in such a marriage. Which, living in a civil marriage, will not infringe on its own freedom.

Women should not rush to move in with a man. Since it’s one thing to have romance and meetings when both are on parade and in a good mood, and quite another thing is daily household chores and waiting for a man to get home from work and thoughts about where he’s staying. A man in a civil marriage relaxes, because he gets a woman who does everything for him. And he, in fact, doesn’t owe her anything for this.

Civil marriage is not the best way to keep and tame a man

It is the man who must hold and achieve, and not the other way around. And in a civil marriage, he already behaves as if “the woman is completely his and will not get away from him.” In a word, love and romance fade into the background, a woman is placed in a “golden cage” to test how comfortable and unpretentious she is in everyday life.

And, unfortunately, women try very hard to be good housewives, sincerely love and hope for a happy marriage. And in response they receive complete uncertainty. The woman becomes too tame and comfortable, but the man remains the same. He is still single and free, and the longer the civil marriage drags on, the less he wants to enter into a legal one.

This is interesting: “How to maintain love in a marriage for many years”

With each month of waiting for an official proposal, the sparkle in a woman’s eyes becomes dimmer, she becomes less energetic and cheerful, as household chores take up a lot of energy. And this, ultimately, moves the man further and further away from her, because he fell in love with another woman.

A man told one of my friends that they definitely need to live in a civil marriage in order to “test their feelings for strength.” So they checked them for three years, but no matter how hard my friend tried, she never became a legal wife. In the last year of their life in such a marriage, they practically did not sleep together, turning into a kind of brother and sister. And then he fell in love with another woman, telling my friend that she would still remain a dear and dear person to him, but the love and passion had gone somewhere. They broke up, and five (!) months later he married that other woman, without even “testing his feelings for strength.”

There is only one conclusion: if a man really loves a woman, then he will marry her with pleasure, and he himself will insist on a legal marriage. And if he is simply comfortable with a woman, then he will offer her a civil marriage, but at the same time, he will continue to look for the one he will marry.

Statistics on civil marriages

It is difficult to determine exact data on unregistered relationships similar to marriage. The problem is that men and women have different attitudes towards the fact of living together, which creates confusion in determining the status of partners. The following significant disagreement between cohabiting partners has been identified:

90% of women, of the total number of cohabiting women, consider themselves married;
87% of men believe that they are not bound by family ties and are actually free.

However, according to Rosstat, by 2021 a situation has developed where 40% of the young population do not plan to be bound by the law, and prefer to live together without documents from the civil registry office. When determining the status of the young population, age up to 35 years is used.

The need to prove cohabitation in property disputes

If the spouses are in a registered marriage, the property purchased by them becomes shared or joint ownership. Even if the right is registered only to the husband or wife, in the event of a divorce, he will be required to give half of the property to the second spouse.

When people are in a civil marriage, property purchased together will be considered the property of the person in whose name the thing is registered, or who actually owns it.

For example, if cohabitants bought an apartment with common money and registered it in the name of a woman, the man has no rights to it other than residence and use (provided that the official owner does not mind).

The fact of cohabitation allows you to resolve issues with property in the following cases:

maintain the opportunity to live in an apartment, especially if a minor child is registered there;
recover from the cohabitant part of the expenses spent on real estate or other type of property, if these incomes are officially confirmed;
collect debts on a loan if it was formalized by the parties as co-borrowers, or one of the parties is a guarantor.

As evidence, you can submit documents on the purchase of property, correspondence between the parties, and other papers. When applying for a loan jointly, the provisions of civil law rather than family law will apply.

To avoid disputes, a number of rules must be followed when purchasing property:

When investing joint money, you need to determine and register equal joint or shared ownership.
If the rights to a thing are not registered, it is best to draw up a written agreement to determine the shares of specific property.
To establish the procedure for dividing property in the event of the death of a cohabitant, it is best to draw up a will.

If any property is registered in the name of one of the cohabitants, he has the right to dispose of it without obtaining the permission and consent of the other. Such a transaction is practically not disputed unless serious violations of the norms of the current civil legislation are proven.

Proving cohabitation is a simple process. It is more difficult to prove that something was purchased jointly (if the item has to be divided). In addition, a civil marriage does not have any legal consequences if we are not talking about children and establishing paternity (maternity) in relation to minors.

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How to prove a civil marriage in court

First, you need to prepare a statement of claim and indicate in it all the important points confirming the existence of an actual marital relationship between the plaintiff and the defendant.

There is no special claim for recognition of a civil marriage, however, to prove it, certain requirements can be stated:

on determining the fact of cohabitation;
on the collection of alimony;
on the division of jointly acquired property;
about establishing paternity;
on receiving inheritance under a will.

It is recommended that you first file a claim to establish paternity of the child (if the defendant voluntarily refuses to recognize the relationship). Without a judicial act confirming the blood relationship between a man and a child, it will be impossible to prove the fact of cohabitation or to collect alimony.

To each of the claims, depending on the stated requirements, it is necessary to attach the following required documents (in copies):

plaintiff's passport;
child's birth certificate;
death certificate of a citizen;
written evidence (documents confirming the fact of family life together);
receipt of payment of state duty;
other papers substantiating one or another position of the plaintiff.

Confirmation of the existence of a relationship with a common-law spouse

An obvious confirmation of a civil marriage is the fact of cohabitation, which must be proven in court.

If the defendant does not initially deny that there is a civil marriage between him and the plaintiff, then there is no need in court to present additional evidence that confirms this.

But if a citizen believes that he and his actual spouse are not connected by family life, the plaintiff will have to prove the opposite in court: that she and the defendant run a joint household, make large purchases, live at the same address, and have a common child.

Witness testimony

Witness testimony is the simplest but most effective way to prove the existence of a de facto marital relationship.

As a witness in court you can present:

neighbors;
mutual acquaintances and friends;
relatives.

The main condition is that these citizens can confirm that they have observed the plaintiff and the defendant living together for a long time, their relationships, common trips to stores, kindergarten or school, and also that they are raising a child together.

What material evidence supports the relationship?

As such, documentary evidence must be presented to the court. For example, receipts for payment of utilities, an agreement to open a joint bank account, letters, police reports, checks for payment for expensive items purchased for the joint household (household appliances, building materials, etc.).

One should not neglect written evidence confirming the plaintiff’s contribution to the purchase of joint housing. In addition, indisputable evidence will be a rental agreement for residential premises, which includes not only the tenant (plaintiff or defendant), but also all family members living with him in the apartment (including citizens whom he moved in with).

Common child as an indisputable fact

Baby born in a civil marriage

, serves as another important confirmation of this. But unfortunately, not all men recognize their paternity and are ready to officially become parents. If such a situation arises, the mother will first have to prove the man’s paternity in court.

You can install it in two ways:

Voluntarily, when the defendant agrees that he is the biological father of the child and independently goes to the registry office to record himself as such on his birth certificate.
In court, if a man voluntarily refuses to confirm this fact, the woman files a claim to establish paternity.

During the trial, the court decides to conduct a genetic examination to confirm the blood relationship between the defendant and the child. If a man refuses to undergo an examination, he is automatically recognized as the biological father, and the court rules in favor of the plaintiff. The case is completed similarly after the examination, if the result is positive.

If a woman has a child’s birth certificate, where her common-law husband is listed in the “father” column, it will be much easier to prove the fact of an unofficial marriage.

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Consequences of cohabitation between citizens

The absence of official registration does not give these relations a legal character; their presence does not give rise to mutual duties, rights and responsibilities.

If a man and woman live together outside of a formal marriage, obligations and rights will only apply to the children born to them if the corresponding entries are made on the minors' birth certificate.

For example, parents will be required to allocate funds for the maintenance of children (pay alimony) regardless of whether children were born in a legal marriage or not.

Consequences of a man and woman being in a civil marriage:

impossibility of concluding a marriage agreement;
inability to obtain documents as a family in need of improved living conditions; receive compensation or subsidies, as well as other support measures related to family (marital) obligations;
the inability to claim property purchased jointly, even if the things were acquired through joint efforts using common money, or were produced by the personal labor of the cohabitant;
the inability to demand alimony as a disabled spouse (for example, a woman in a position does not have the right to demand money for her maintenance, even if the child’s father is recorded as such in official documents);
the impossibility of entering into inheritance rights under the law in relation to the property of a cohabitant, even if the fact of being in a civil marriage is proven after the death of the testator. Cohabitants are not considered by Russian law as relatives, therefore they do not have the right to claim inheritance if they are not included in the list of heirs under the will. Also considered exceptions are cases where a cohabitant is a dependent. In this case, the fact of dependency must be officially proven.

Good to know:

How is marital property divided during a divorce?
Is it possible to challenge a marriage contract?
How to apply for child support if we are not married, but the child is registered with the father?

Why is civil marriage popular?

In most cases, men insist on these relationships, since relationships with a permanent partner that do not hold him accountable are the most attractive for many.

It is believed that here he can regulate them at his own discretion - take as much responsibility and invest in his partner exactly as much as he deems necessary.

Women usually follow the lead of their chosen one, hoping that sooner or later he will decide to marry her properly. Sometimes a woman becomes the initiator of cohabitation, considering cohabitation as a kind of training that will give her certain life experience. From these main advantages stem other reasons that make this form of relationship popular.

An important factor in their popularity is also the frivolity and short-sightedness of the younger generation, who live by short-term plans. As long as the partners have a desire to be together, they build a surrogate family that, in their opinion, is not burdensome.

However, when a cooling occurs in the relationship, the couple is subjected to the same moral and emotional influences as during the dissolution of an official marriage. But this is not taken into account when entering into a relationship, because an inexperienced person sees only the benefits received in the immediate moment, and not the problems that may arise later.

How to see your child

If the parents have been arguing a lot or their relationship has deteriorated, the mother may try to forbid the father from seeing his own child. But family law in this case can side with the father and set a schedule for meetings.

There are two ways to resolve this conflict:

On a voluntary basis. To do this, spouses can agree orally or in writing by drawing up a meeting schedule. But it is better to have such an agreement certified by a notary, so that in case of problems it can be presented in court.
Through the court. This method is used by 72% of fathers who want to see their children. This method is much more reliable, since the mother is obliged to comply with the decision that the judge makes. But this option is much more complicated; you will have to spend at least 2 months until a decision is made.

But remember that such a decision imposes certain rights and responsibilities on the father and mother.

Rights	Responsibilities
Father can spend time with child	He must return him home at the appointed time
Can take the child on vacation	Obliged to monitor the safety of the child on vacation.

In addition, it can be established in court that grandparents from the second spouse can see each other.

Here's what such a graph might look like:

Additional problem solving options

Usually going to court is required as a last resort. For example, if a cohabitant refuses to support children. However, in practice, any issue can be resolved by concluding an agreement between the parties or drawing up another document.

For example, a will will help avoid problems with inheritance. An alimony agreement will ensure respect for the rights of common children. The property can be immediately registered as common property.

If citizens decide to ignore the institution of marriage, they can take advantage of other civil legal options.

Read: How to recover additional child support expenses other than alimony

What to do in case of refusal to recognize a marriage

In practice, 99% of cases considered by courts for the recognition of civil marriages end in refusal. The only reasonable solution is to register the relationship in the manner established in Russia, through the civil registry office. The family automatically falls under state protection in accordance with the provisions of the Family Code.

Otherwise, the resolution of all material and non-material issues for persons in informal cohabitation takes place within the framework of civil law relations for each member of such a family - individually.

How to establish the fact of termination of family relationships?

Lawyer Antonov A.P.

The fact of termination of family relations is established in court. For example, the actual termination of a marital relationship may be established when considering a claim for the division of common property between spouses.

1. Termination of family relations between spouses (marriage relations) The rights and obligations of spouses arise from the date of state registration of marriage in the civil registry office (clause 2 of article 10 of the RF IC). As a general rule, the termination of family relations between spouses means the dissolution of a marriage in the registry office or in court, as well as the recognition of a marriage as invalid by a court. In addition, the marriage is terminated due to the death or declaration by the court of one of the spouses as deceased (Articles 16, 18, paragraphs 1, 2, Article 27, paragraph 1, Article 30 of the RF IC; paragraph 13 of the Resolution of the Plenum of the Supreme Court RF dated 07/02/2009 N 14). Situations often arise when family relationships between spouses are actually terminated (for example, when spouses do not dissolve the marriage, but live separately and (or) have stopped running a joint household). Establishing the actual termination of family relations between spouses (the moment of their termination) may be necessary when resolving disputes about the division of property between spouses. Thus, 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. The obligations that each of the spouses assumed during this period can be recognized as the obligations of each of the spouses (part 4 of article 38 of the RF IC; paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 N 15; Appeal ruling of the Moscow City Court dated October 10, 2016 in case No. 33-37018/2016).

2. Termination of family relations between parents and children The origin of children, certified in the prescribed manner (state registration of the birth of a child through the preparation of a birth certificate), is the basis for the emergence of rights and obligations of parents and children (Article 47 of the RF IC; paragraphs. 1, 2, Article 3, paragraph 2, Article 6 of the Law of November 15, 1997 N 143-FZ; paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 16, 2017 N 16). Parental rights are terminated, in particular, when children reach the age of 18 (the age of majority), as well as when minor children marry and emancipate. However, parents are obliged to support their disabled adult children who need help. In turn, able-bodied adult children, as a general rule, are obliged to support their disabled parents who need help and take care of them (clause 2 of Article 61, clause 1 of Article 85, clause 1 of Article 87 of the RF IC; clause 2 of Art. 21, Article 27 of the Civil Code of the Russian Federation). In case of deprivation of parental rights, the parent loses all rights based on the fact of relationship with the child in respect of whom he was deprived of parental rights, including the right to receive maintenance from him, as well as the right to benefits and state benefits established for citizens with children. At the same time, deprivation of parental rights does not relieve the parent (parent) from the obligation to support their minor child. Also, a child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receive inheritance (clauses 1, 3 of Article 60, clauses 1, 2, 4 of Article 71 of the RF IC; clauses 1, 2 of Article 31 of the RF LC; part 1 of Article 1142 of the Civil Code of the Russian Federation) . Waiver of parental rights and responsibilities is not provided for by law. Thus, as a general rule, establishing the fact of termination (actual termination) of family relations between parents and a minor child is impossible. In some situations, the question of terminating family relations between parents and adult children may arise, in particular, to recognize the child as having lost (ceased) the right to use residential premises. Thus, in the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family. With regard to adult citizens, the legislation does not contain any restrictions on recognizing them as former family members of the owner of a residential premises, including their parent (Part 4 of Article 31 of the RF Housing Code; Appeal ruling of the Moscow City Court dated 02/12/2020 in case No. 33-6074 /2020). It should be noted that if a minor child is registered at the location of the residential premises owned by his parents, then before the child reaches the age of majority it is impossible to terminate his right to use the residential premises, even if the parents’ marriage is dissolved and the child begins to live with another parent who is not the owner of the housing (clause 2 of article 61 of the RF IC; clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14). Establishing the termination of family relationships may have legal significance when resolving the issue of fulfilling obligations under a social tenancy agreement (for example, to pay for utilities). Thus, if an adult child ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. In this case, an adult child is independently responsible for his obligations arising from the relevant social tenancy agreement (Part 4 of Article 69 of the RF Housing Code; Appeal ruling of the Moscow City Court dated January 16, 2020 in case No. 33-2345/2020).

3. The procedure for establishing the fact of termination of family relations The fact of termination (actual termination) of family relations is established in court.

3.1. The procedure for establishing the actual termination of family relations between spouses (marriage relations) The actual termination of family relations between spouses is established by the court when considering a dispute, in order to resolve which it is necessary to establish the existence of such a fact (in particular, a dispute about the division of property between spouses). In the statement of claim for the division of property between spouses, it is necessary to indicate, in particular, information about the actual termination of family relations (including the date of termination), evidence confirming the actual termination of family relations between spouses from the date specified by the plaintiff (clause 1 of Article 56, p. 5 Part 2 Article 131 Code of Civil Procedure of the Russian Federation). There is no requirement to submit a separate application to the court to establish the actual termination of family relations between spouses.

3.2. The procedure for establishing the termination of family relations between parents and children The termination of family relations between parents and adult children is established by the court when considering the relevant dispute, to resolve which it is necessary to establish the existence of such a fact (for example, a dispute about recognizing a former family member (an adult child) as having ceased the right to use residential premises ). The statement of claim for recognition of an adult child as having terminated the right to use residential premises must be accompanied, in particular, by documents confirming the termination of family relations. In the case under consideration, the child’s refusal to maintain a common household with the owner of the residential premises, the lack of a common budget and common household items with the owner, failure to provide mutual support to each other, etc., as well as leaving for another place of residence may indicate the termination of family relations with the owner of the residential premises, but must be assessed in conjunction with other evidence presented by the parties. The issue of recognizing a person as a former family member of the owner of a residential premises is decided by the court, taking into account the specific circumstances of each case (clause 1, article 56, clause 5, part 2, article 131 of the Code of Civil Procedure of the Russian Federation; clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14). It is not necessary to submit a separate application to the court to establish the fact of termination of family relations between a parent and a child.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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