Article 256 of the Civil Code of the Russian Federation ➔ text and comments. Common property of spouses.

Joint ownership and shared ownership: which is better?

So, shared is the ownership, use and disposal of property equally belonging to the spouses. Joint property is common property, full rights for one and the other, and when the shares are not assigned. It turns out that both concepts are very similar. However, they have differences and they are quite obvious.

Thus, citizens who own a share have the right to dispose of a specific part of the property. And if the spouses’ ownership of common property is considered, for example, a house, then after marriage the spouses have the right to count on equal parts of the property, but none of them allocate any part.

The joint ownership regime does not apply to the property then. After these actions are completed, shared ownership begins to operate. What suits the spouses better: joint or shared, is decided in each case by the couple. One way or another, both types are possible and become optimal in different cases.

If, during a divorce or during the marriage, one of the spouses ceases to have legal capacity, then specially provided bodies will represent the interests. Their responsibilities include providing support to the citizen.

The right of joint joint ownership of spouses applies to all property acquired during marriage. Legislatively, the issue of common property is regulated by the Family Code - the document also defines exceptions that may affect the fate of movable and immovable property as a result of division during or after the dissolution of an official marriage.

The list of property from the category of joint ownership:

Income of spouses from different types of activities (labor, entrepreneurial, scientific, creative, pensions, benefits).
Movable property.
Real estate (apartments, offices and other commercial real estate, country houses, cottages, land plots).
Jewelry, antiques, luxury items.
Securities, shares, deposits.

If the marriage is officially concluded, it does not matter to whom the property is registered - real estate and movable property, the income goes into the category of joint ownership.

The category of joint ownership does not include:

Personal belongings: clothing, shoes, accessories, jewelry, except jewelry;
Property received during marriage as a result of gift or inheritance;
Property purchased with the personal funds of one of the spouses, if this is documented;
Property transferred to one of the spouses free of charge.

Personal property can become joint property. For example, one of the spouses, who is not the owner, made significant qualitative changes that affected the value of the property. This could be a major renovation of an apartment, cottage, or office. In such a situation, it is possible for the property to become joint property.

To determine the exact cost of the changed object, it is necessary to use the services of a specialist appraiser.

Note!

In a marriage, property can have the status of shared and joint. Shared ownership implies the allocation of shares of property when making a purchase. The shares will not necessarily be equal. The procedure for registering shared ownership is relevant when it comes to expensive purchases and luxury items. The most common practice is purchasing real estate in shared ownership.

There are two concepts that have an identical nature - shared and common shared ownership. Joint property is characterized by the absence of a clear allocation of shares belonging to each spouse.

In the process of dividing property, in the presence of an agreement that contradicts the general legal procedure for dividing property into equal parts, the concept of “common shared property” arises. The basis for the emergence of such a concept may be:

Agreements that spouses entered into when purchasing a certain product;
A marriage contract is a document that is signed between spouses primarily before registering a marriage. Its force extends to the property provided for by the terms of the contract.

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The emergence of common shared property can be voluntary-contractual (by an amicable decision of the spouses) or forced (as a result of proceedings in courts).

Test on the topic “Family Law” 11th grade basic level social studies test (11th grade)

Family Law Test Option 1

1. Indicate the specific legal facts from which family legal relations arise: a) marriage and kinship; b) marriage and contract; c) only marriage; d) marriage and marriage will.

2. Family members do not include: a) siblings; b) cousins; c) half-brothers and sisters; d) half brothers and sisters living with one of the parents.

3. Mandatory conditions for marriage in the Russian Federation include: a) parental consent; b) medical examination of those entering into marriage; c) reaching marriageable age; d) presence of witnesses.

4. Which of the following circumstances make marriage impossible? a) difference of nationalities; b) lack of means of subsistence; c) one of the parties is already de facto married; d) marriage between close relatives.

5. From what moment is a marriage considered dissolved in court? a) from the moment the court makes a decision;

b) from the moment of registration of the divorce in the registry office; c) three days after the court’s decision is made; d) from the moment specified in the application for divorce.

6. The right of personal property does not apply to: a) premarital property of spouses; b) personal items; c) jewelry purchased during marriage; d) gifts received during marriage

7. Form for concluding a marriage contract: a) simple written form; b) notarial written form; c) state registration of the contract d) oral form, but in the presence of witnesses.

8. Which of the listed legal relations are not regulated by family law? a) personal non-property relations between spouses;

b) the procedure for entering into marriage; c) the procedure for assigning and paying benefits for pregnancy and in connection with the birth of a child; d) forms and procedures for placing children without parental care in a family.

9. Does a child have the right to receive an inheritance from his parents who are deprived of parental rights? a) yes; b) no;

c) yes, but only if the child is transferred to the care of the guardianship authority; d) no, if the child is adopted by other parents.

10. A marriage is dissolved by court: a) at the request of spouses who do not have common minor children; b) at the request of spouses who have common minor children; c) at the request of one of the spouses, if the second is declared incompetent; d) marriage is always dissolved only in court.

Family Law Test Option 2

1. In the Russian Federation, the following has legal force: a) religious marriage (wedding); b) actual marriage;

c) a marriage registered with the civil registry office; d) fictitious marriage.

2. When concluding marriages with foreigners on the territory of the Russian Federation, the form of marriage is determined: a) according to Russian legislation; b) according to the legislation of the country of which the person entering into marriage is a citizen; c) for each of the persons entering into marriage, by the legislation of the state of which the person is a citizen;

d) this issue is not regulated in the Investigative Committee.

3. Select the “negative” conditions for marriage: a) reaching marriageable age;

b) the condition of one of the spouses in another undissolved marriage; c) poor property status of persons wishing to get married; d) mutual consent of persons wishing to marry.

4. Marriage to 16-year-olds may be permitted by: a) a federal authority; b) legislative body of a constituent entity of the Russian Federation; c) local government body; d) prosecutor

5. A marriage is dissolved in the registry office: a) with the mutual consent of spouses with minor children; b) if one of the spouses is sentenced to imprisonment for a crime for a term of more than 3 years; c) if one of the spouses objects to the divorce; d) marriage is always dissolved only in the registry office.

6. An application for the birth of a child to the registry office must be made: a) no later than 1 month from the date of birth of the child; b) no later than 1 month from the date of the opportunity to declare the birth of a child to the registry office; c) no later than 3 months from the date of birth of the child d) timing does not matter

7. At what age does a child have the right to go to court to protect his rights? a) from 10 years of age; b) from 14 years old; c) from 16 years of age; d) from 18 years old

8. In which civil registry office can spouses divorce? a) only at the place of marriage registration;

b) only at the place of residence of the spouses; c) at the place of residence of the spouses or at the place of marriage registration; d) anywhere on the territory of the Russian Federation at the choice of the spouses.

9. A child is recognized as born in marriage if he was born from the date of divorce within: a) 100 days; b) 200 days; c) 300 days; d) 1 year

10. Are parents deprived of parental rights released from the obligation to support their children? a) yes; b) no;

c) yes, but only if they are in custody; d) yes, but only if, by court decision, they must live separately from the children.

Option 1 1a 2b 3c 4d 5a 6d 7b 8c 9a 10b

Option 2 1c 2a 3b 4c 5b 6a 7b 8c 9c 10b

Recognition of property as common property under a marriage contract

According to the law, property purchased by spouses during marriage is automatically recognized as joint property. This category includes real estate, movable property, jewelry, securities, income from various activities of spouses, pensions, benefits and other payments. Personal belongings and property purchased before marriage by each spouse are not classified as joint property, like inheritances and gifts received during marriage by one of the spouses.

In some cases, the status of joint ownership can be assigned through the court, by filing an appropriate statement of claim. The claim is drawn up on the basis of compelling, documentary arguments that prove that the property can be recognized as common.

Thus, there are two ways to recognize the joint status of property - by law and through the court.

In controversial and problematic situations, property acquired during marriage can be recognized as joint property only through the court. According to the law, all real estate and movable property are recognized as joint, as well as income, jewelry, and securities if they were acquired during the period when the couple was officially married.

Not included in the category of joint property:

Property purchased before marriage;
Property acquired during marriage as a result of a gratuitous transaction;
Property that one of the spouses received during marriage under a gift agreement or by inheritance.

If the situation falls into the intersection of these categories, situations may arise where it is necessary to file a claim to recognize the property as joint property. The claim is filed with the court indicating the cause of the problem and specifying the factual data. It is also required to attach documents proving the plaintiff’s case.

In what situations may it be necessary to prove the right of common ownership through a statement of claim in court?

The most common example: an apartment purchased by one of the spouses before marriage was registered in his name, but the second spouse, through investments, significantly changed the quality characteristics of the property, which increased the cost of the apartment.

For example, through major repairs, redevelopment.

The second possible option: the apartment was purchased by spouses during marriage partially with funds received from the sale of a property inherited by one of the spouses.

These situations are resolved through the courts, since the situation is rarely resolved through a settlement agreement. To correctly draft a claim, it is recommended to contact a specialist in family and civil law.

Joint property is the property of the spouses acquired with common funds after the official registration of the marriage relationship. Common property can be considered: an apartment, house, cottage, office premises and other commercial real estate, securities and various incomes, including from intellectual activity, movable property.

The transfer of housing purchased during marriage into joint ownership occurs automatically by law, unless there is an agreement that provides otherwise. According to the court, property that by law is not included in the category of joint property may be recognized as such for good reasons. In a situation where it is necessary to prove that property belongs to the common property, it is recommended to contact a specialist and file a claim in court.

Property is recognized as joint property if it was purchased by spouses after the official registration of the marriage relationship - this is what family law says. The procedure for recognizing property as joint may change on the basis of a marriage contract. This document is signed before the marriage is registered, and in some cases, during the marriage.

In Art. 34 of the Family Code of the Russian Federation gives the concept of what is considered the joint property of spouses. This is all the property that was acquired during the marriage. It doesn’t even matter to whom the acquisition was registered and who paid for it. By law, it is divided equally, regardless of the person who paid for it, unless otherwise specified in the contract.

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But all these provisions apply only to cases of marriage that is registered in the registry office. This does not apply to cohabitation, or so-called civil marriage, which is widespread today. The division of property after separation is then regulated by the provisions of the law contained in the Civil Code of the Russian Federation. In this situation, the property is not common joint property. Then things are recognized as belonging to the person to whom they are registered.

In order not to lose property after a civil marriage, you can do the following. Purchased items are registered as shared ownership. Then the cohabitants will be able to independently establish the right. This type is similar to joint. Aspects of this area are decided by cohabitants in agreement, for example, depending on investments. According to the law, things owned on the basis of shared ownership are divided either during the process of cohabitation or after separation.

The right of common property of spouses does not apply to income received from intellectual activities. These funds belong only to the person who is the author. However, the clause regarding profits derived from the invention is decided differently. It refers to the common property of the spouses. But if the marriage contract provides for other conditions, then these are the ones that will apply.

Ownership refers to the type that gives the right to influence property. In addition to the owner, it can be a custodian, a tenant, a pledge holder and a citizen who uses the property free of charge.

Use is the right to use property owned for its intended purpose. The order gives the right to carry out any actions within the framework of the law that do not violate the rights of other persons. Then the sale, donation, and bequest of property is possible.

Each spouse has the same, that is, equal, rights to the common property of the spouses. In the case of a civil marriage, everything that is considered jointly acquired property does not become an object considered within the framework of the RF IC and is not such under the law. The division of joint property is carried out on the basis of the Civil Code of the Russian Federation. Thus, mixed ownership is not joint, as stated in the RF IC.

Division of property is carried out when the following evidence is provided:

joint farming;
living together for a long time;
investing money in one property or another.

The division into real estate and other property is carried out according to a contract in which the shares are determined. That is, the cohabitants initially entered into an appropriate agreement. If an agreement has not been concluded that provides for a third-party regime, then joint property is property acquired during marriage. But exceptions to the rule are cases of donation and inheritance.

The division of common joint property of the spouses occurs after the official marriage is dissolved or in the process of it. The main thing is official registration. If the marriage contract is not signed, then the division is carried out in accordance with the points recorded in the RF IC, namely equally.

Situations when division of the common property of spouses is possible during marriage are as follows:

to protect property from the wasteful actions of the second spouse;
desire to register property as a gift;
if a debt is collected from the other spouse.

If there are real reasons to divide the property mentioned above, this is realized in marriage. There are situations when the common property of the spouses is not divided 50/50. This happens for the following reasons.

If the interests of one spouse are violated by the other. This happens, for example, if a husband or wife becomes a drug addict. Then the court can increase the share of the spouse whose rights were violated.
When it is necessary to protect the interests of the child. The spouse with whom he remains will receive a larger share.
The same distribution will take place if the spouse is disabled.

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The right of personal property does not apply to St. Petersburg

Help me understand the legal proceedings.

01/02/2014 An individual entrepreneur entered into a pledge agreement with a Limited Liability Company (hereinafter referred to as the Pledge Agreement), under the terms of which, in order to secure the repayment of a loan issued for 1 year, the individual entrepreneur transferred “all property, whatever it consists of and wherever it is neither was located, owned by the Pledgor at the time of conclusion of this agreement, as well as property that will belong to the Pledgor at the time of foreclosure.” On 02/02/2014, an individual entrepreneur got married.

On January 30, 2015, as part of the enforcement proceedings initiated against an individual entrepreneur at the claim of another creditor who is not a mortgagee, a car, boat and residential premises belonging to the individual entrepreneur were seized.

The company filed a lawsuit against I and the other creditor who filed the lawsuit with the following demands: to release the car, boat and residential premises from seizure, to recover from I the amount of debt in the amount of 50 million rubles, to foreclose on the mortgaged and owned car and boat , force And to state registration of the right of lien on residential premises in connection with its evasion.

The creditor who filed the claim objected to the satisfaction of the stated claims in connection with the following. Since the Company did not provide notice of the pledge of the boat and car in the prescribed manner, and the creditor who filed the claim did not know and should not have known about the existence of such a pledge, in accordance with paragraph. 3 p. 4 art. 339.1 of the Civil Code of the Russian Federation, the Company does not have the right to refer to its right of pledge in relations with the creditor who filed the claim.

Also, the creditor who filed the claim pointed out the impossibility of forcing state registration of the right of pledge on residential premises, since such a method of protection is not provided for by law, in particular, it is not listed in Art. 12 of the Civil Code of the Russian Federation.

And he did not dispute the fact of non-repayment of the debt and evasion of registration of the right of pledge to the residential premises, but he objected to the satisfaction of the Company’s demands. In addition to the arguments of the Creditor who filed the claim, I pointed out that the concluded Pledge Agreement does not contain the conditions provided for in Art. 9 of the Federal Law “On Mortgage (Pledge of Real Estate)”, and therefore cannot entail the emergence of a right of lien in relation to real estate, including disputed residential premises.

In response to the arguments of the creditor who filed the claim, the Company noted that para. 3 p. 4 art. 339.1 of the Civil Code of the Russian Federation cannot be understood as excluding priority foreclosure over other creditors on the subject of pledge, since this would lead to the loss of the right of pledge of any legal significance.

The Company also indicated that the list of methods of protection established by Art. 12 of the Civil Code of the Russian Federation is not exhaustive. Since the Company, on the basis of the Pledge Agreement, has the right to encumber all property with a pledge, including residential premises, it should be able to go to court to protect its right in any way not prohibited by law.

The Society also disputed I’s arguments, emphasizing that the provisions of Art. 339 of the Civil Code of the Russian Federation as amended. Federal Law No. 367-FZ dated December 21, 2013 has priority over the Mortgage Law, therefore the individualization of the collateral that the parties agreed upon in the agreement is sufficient.

Spouse I was involved in the case as a third party. She emphasized that the car and living quarters were acquired during the marriage and belong to the joint property of the spouses. Therefore, they are not subject to the Pledge Agreement concluded in person AND before the registration of marriage. The company objected that already at the time of marriage, the wife was aware of the existence and content of the Pledge Agreement, therefore, by virtue of paragraph. 3 p. 4 art. 339.1 of the Civil Code of the Russian Federation, the Company has the right to invoke the right of pledge in relation to it. In response, the wife noted that her knowledge has no legal significance.

What decision can the court make and why?

Joint ownership and shared ownership: which is better?

Note!

Registration of common property rights requires making a corresponding entry in the Unified State Register of Rights to Real Estate. During registration, all owners of joint property are indicated. The initiator of registration can be one of the owners.

For example, one of the spouses can apply for registration if he is not indicated as the owner in the title document. You must provide a marriage certificate as proof of your right to register.

All rules and registration procedures are regulated by special legislative norms.

According to the law, the right of common ownership terminates at the moment of transformation of common property into shared property. Property issues are regulated by a number of documents, including a marriage contract or other agreements according to which shares in property are allocated.

Upon division of property, voluntary or forced, joint ownership is terminated. The main principle of division by law, without an agreement, is dividing the property of the spouses equally. This principle does not always work - it is important to take into account the specifics of the case and the protection of the interests of less protected parties.

After the law on state registration came into force, spouses who were officially married could receive a certificate of state registration of real estate. Upon registration, spouses receive a single certificate. After the divorce and division of property into shares (for example, an apartment), this also needs to be documented.

A document confirming the fact of marriage, its dissolution and division of property between spouses;
Documents confirming the rights to the apartment;
Receipt for payment of state duty.

After a month of registration, the former spouses receive a document that is an official confirmation of each person’s right to a certain share of the property.

Article 256. “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on March 9, 2021)

1. In paragraph 1 of the commented article it is established that property acquired by spouses during marriage is their joint property. In this case, only marriages concluded in accordance with the procedure established by the Family Code are taken into account. Cohabitation and actual management of a common household do not give rise to a regime of common joint property. Property acquired during this period, if acquired jointly, may be under the right of common shared ownership.

The regime of joint ownership is also called the legal regime of property of spouses (Clause 1, Article 33 of the Family Code). It is settled in more detail in Chap. 7 SK. The rule on the regime of joint ownership of spouses is dispositive - by agreement of the spouses, a regime of shared or separate ownership can be established in relation to all or a certain part of the property acquired during marriage. The Code does not specify what kind of agreement can change the legal regime of the property of spouses. Article 33 of the Family Code establishes that the property regime of spouses can be changed by a marriage contract. A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage (Article 41 of the Family Code). A prenuptial agreement can be concluded both in relation to existing property and in relation to property, the ownership of which the spouses will acquire in the future. Judicial practice (for example, Resolution of the Supreme Court of the Russian Federation dated November 24, 2015 N 18-KG15-203) allows for the possibility of changing the regime of common joint ownership of property acquired during marriage (or part thereof), both on the basis of a marriage contract and on the basis any other agreement (contract) that does not contradict the norms of current legislation. In addition to the marriage contract and other agreements relating to changes in the regime of property in general, the legislation provides for the possibility of concluding an agreement on the division of property of the spouses, Art. 38 SK. According to paragraph 2 of Art. 38 of the Family Code, the common property of the spouses can be divided between the spouses by agreement both during the marriage and after its dissolution. In this case, the agreement on the division of property in accordance with clause 3 of Art. 38 of the IC presupposes both division in kind and determination of shares in the common property (letter of Rosreestr dated March 31, 2021 N 14-ref/04224-GE/16 “On notarization of the agreement on determining shares in the common property of spouses”).

2. Paragraph 2 of the commented article establishes the types of property of each of the spouses to which the regime of common joint property does not apply, i.e. these objects remain the property of the spouse for whom they were purchased and to whom they belong. Property that, as a general rule, is not subject to the regime of common joint ownership includes:

- property that belonged to each spouse before marriage;

- property received by one of the spouses during marriage as a gift or by inheritance. In this case, it is necessary to establish that one of the spouses acted as the donee, and not both. For example, wedding gifts, wedding anniversary gifts, etc. They are often done to both spouses, and not to one of them. If the gift was made to both spouses, then this property will become their common property. Article 36 of the RF IC expands the list of grounds for classifying property as the property of one of the spouses, indicating that such a ground can be any gratuitous transaction. In particular, property received as a result of free privatization will be considered the property of one of the spouses;

- personal items (clothes, shoes, etc.), with the exception of jewelry and other luxury items, although acquired during marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them. The law does not define what specific criteria should be used to classify property as luxury goods. Unconditionally, the Civil Code of the Russian Federation classifies only jewelry as such items, i.e. products made of precious stones and precious metals. Which stones and metals are classified as precious, as well as the concept of jewelry and other products made from precious stones and metals is defined in Art. 1 Federal Law of March 26, 1998 N 41-FZ “On Precious Metals and Precious Stones”. Jewelry and other products made of precious metals and (or) precious stones - products made of precious metals and their alloys and having fineness not lower than the minimum fineness established by the Government of the Russian Federation, including those made using various types of decorative processing, with inserts of precious stones, other materials of natural or artificial origin or without them, with the exception of coins that have been issued, and state awards, the statute of which is determined in accordance with the legislation of the Russian Federation (hereinafter also referred to as jewelry and other products made of precious metals), or products made from materials of natural or artificial origin using various types of decorative processing, with inserts of precious stones. In relation to other property, one should proceed from the general meaning of the word “luxury” - abundance, wealth. Those. luxury goods are contrasted with items necessary to ensure a normal standard of living. It is difficult to establish uniform criteria for classifying things as luxury goods, since what is considered luxury is determined by the standard of living of the population of the corresponding region, as well as the property status and financial capabilities of the family. For example, an expensive fur coat made from expensive natural fur can be considered a luxury item.

The regime of individual property of each spouse in relation to individual objects can be changed, firstly, by agreement of the spouses, who can enter into a marriage contract both at the time of marriage and subsequently. In addition, the property of each spouse may be recognized by the court as their joint property if the following conditions are met:

- during the marriage, investments were made at the expense of the common property of the spouses or the personal property of the other spouse that significantly increased the value of this property (major repairs, reconstruction, re-equipment, etc.). It is assumed that the spouses acted by mutual consent. Only investments that significantly increase the cost are taken into account. Expenses for minor repairs, payment for housing and communal services do not provide grounds for changing the legal regime of the property of one of the spouses;

— the interested spouse has filed a demand to recognize the property as common joint property.

The Family Code of the Russian Federation also allows for the possibility of recognizing property that, as a general rule, should be part of joint property, belongs to each of the spouses separately. 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 (Clause 4 of Article 38 of the Family Code).

4. The exclusive right to the result of intellectual activity created by one of the spouses is not included in the common property of the spouses. However, income received from the use of this right must go into common ownership.

The exclusive right to the result of intellectual activity, acquired at the expense of the common income of the spouses under an agreement on the alienation of such a right, is their common property (unless otherwise established by the agreement) and is inherited taking into account the rules of Art. 1150 Code.

5. Paragraph 3 establishes the rule according to which, for the obligations of one of the spouses, recovery can be applied only to property owned by him, as well as to his share in the common property of the spouses. That is, in order to satisfy the claims of creditors, in the absence of other property, it is necessary to allocate the spouse’s share in the jointly acquired property. This rule does not apply if the spouse's debt is related to meeting the needs of the family. According to paragraph 2 of Art. 45 of the Family Code, foreclosure is applied to the common property of the spouses for the common obligations of the spouses, as well as for the obligations of one of the spouses, if the court establishes that everything received under the obligations of one of the spouses was used for the needs of the family. In this case, the spouse applying for the distribution of the debt must prove that the debt arose to satisfy common, family needs (clause 5 of the Review of Judicial Practice of the Supreme Court of the Russian Federation dated April 13, 2021 No. 1). If the common property is insufficient, the spouses bear joint liability for the specified obligations with the property of each of them.

6. The Civil Code does not regulate relations related to the allocation of shares and division of common property by a spouse. Paragraph 4 of the commented article contains a reference to family law. The rules for the division of marital property and the allocation of shares are regulated by Art. Art. 38, 39 SK. The legislation allows for division both voluntarily, by agreement of the spouses, and division carried out at the request of one of the spouses in court. The allocation of shares and the division of common property can be carried out both during the marriage and after its dissolution. As a rule, the issue of division is resolved in the event of divorce. Since the regime of common joint ownership in relation to the property of the spouses upon divorce does not automatically terminate, it remains in effect until a notarized agreement on the division of property is concluded or a court decision on the division of the common property of the spouses enters into force.

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 whose value exceeds his share, the other spouse may be awarded appropriate monetary or other compensation. When distributing the property of the spouses, the wishes of each spouse regarding the transfer of this or that property, the established procedure for using the property, the need for constant use of certain items due to health status, professional activity, etc. can be taken into account.

A three-year statute of limitations applies to the claims of spouses for the division of common property of spouses whose marriage is dissolved. This period for claims for the division of common property of spouses whose marriage is dissolved is calculated not from the time of termination of the marriage, but in accordance with paragraph 1 of Art. 200 of the Code, i.e. from the day when the person learned or should have learned about the violation of his right (clause 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15 “On the application of legislation by courts when considering cases of divorce”).

The court is given 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) from 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. This provision is consistent with the general legal principle of social justice, and also makes it possible to ensure the interests of less wealthy family members or those in need of financial support, and to preserve the children’s usual living conditions.

Upon divorce, not only the issue of dividing things belonging to the spouses, property rights, but also common debts are resolved - they are distributed between the spouses in proportion to the shares awarded to them.

The common property of the spouses arises as a result of living together during marriage. Everything that they acquired during this time becomes, as a general rule, their common, joint property (with the exceptions established by law).

Community property presupposes the right of each spouse to the property as a whole, regardless of the size of the investment made by each of them.

The common property of the spouses includes the income of each of them from labor, entrepreneurial activity and the results of intellectual activity, pensions, benefits and other monetary payments received by them that do not have a special purpose (amounts of financial assistance, amounts paid in compensation for damage due to loss of ability to work due to injury or other damage to health, etc.). The common property of the spouses also includes movable and immovable things acquired at the expense of their 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 them it was purchased or in the name of which or which of the spouses contributed funds. In particular, the common property includes the wages of spouses, other types of monetary remuneration, dividends on securities, commissions, rent, benefits, rewards for inventions, industrial designs, utility models, royalties for works of literature, science, art , winnings from lottery tickets.

The property of each of the spouses may be recognized by the court as joint property if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of them or the labor of one of the spouses that significantly increased the cost of this investment (major repairs, reconstruction, re-equipment and so on.).

Property belonging to spouses can also be personal, i.e. belonging to each of them. For example, personal property is that which belonged to each of them before marriage. The personal property of each spouse is also property received during marriage as a gift, by inheritance or through other gratuitous transactions (an example of the latter are transactions for the privatization of apartments). Property received as a gift includes both property received under a gift agreement and a reward for production success (wristwatch, vase, etc.).

Separate property of spouses will also be recognized as things that serve the individual needs of the spouses (clothing, shoes, hygiene items, even if they were purchased for the common needs of the spouses). The exception is jewelry and other luxury items (products made of precious metals, rare furs, etc.). The law does not define what constitutes a luxury item. This issue is decided by the court, taking into account the specific circumstances and financial situation of the family.

S.P. Grishaev, T.V. Bogacheva, Yu.P. Sweet

“CIVIL CODE OF THE RUSSIAN FEDERATION. PART ONE. ARTICLE-BY-ARTICLE COMMENT"

2019

Inheritance

Joint ownership applies to the following property:

movable objects;
immovable;
income of various types;
deposits and Central Bank;
jewelry and other luxury items received during marriage.

Ideally, the property regime of spouses has equal shares. After the death of one, the other has the right to count on a share according to the law of the Russian Federation. Inheritance is possible according to a will or law.

After the death of a spouse, you should find out whether he left a will. If not, then division occurs according to the law. Then the order of heirs is taken into account. There are several queues. The surviving spouse is first in line. The parents and children of the deceased spouse are with him.

Once the type of inheritance is determined, it must be accepted. Then they turn to the notary at the place of residence of the deceased. According to the law, the period is six months. If it was missed, then restoration is possible through the court or through recognition of this fact by other heirs.