Modern life dictates its own conditions. Long gone are the times of the Union, when almost every citizen of the country was guaranteed a job and a roof over their head by the state. Having settled into real estate provided by the state, citizens could sleep peacefully, without worrying that tomorrow for some reason they would be evicted or deprived of their housing.
In the present realities, when purchasing real estate, each buyer bears certain risks, and if the purchased property was jointly acquired property of the spouses, which the buyer learned about after the transaction was completed, then, as they say, “trouble comes - open the gates.”
The most bitter thing for a real estate buyer is that, even after taking a lot of precautions before purchasing it, in the end the property can still become controversial, and often the results of legal disputes are not in favor of the real estate buyer.
Everything is fine when the spouses are married, and the spouse selling the property provides all the necessary documents for its sale, including the notarized consent of the other spouse to the transaction.
It’s another matter if the spouses are divorced, and one of them sells the property, hiding the fact of his divorce, or the fact that the property may be jointly acquired during marriage.
It is no secret that former spouses, during the divorce process or after it, are actively trying to sell all property without the consent of the other spouse, since if the court decides on the claim for its division, it can be divided equally between them.
In this regard, the goal of the property seller is to sell quickly, and then come what may.
But what is good for the seller of real estate is bad for its buyer.
In addition to the former spouse of the seller, who may show up for a long time with a claim to the property, there are also creditors of the spouses, who to some extent lay claim to part of the property of the debtor spouses to pay off accounts payable, even if this property is not pledged.
Separate property of spouses. The concept of separate property of spouses
Despite the fact that all jointly acquired property of spouses is considered common, there is the concept of separate property of spouses. Separate property of spouses is designated as such under the following circumstances:
- Property that was owned by the spouses before the official registration of marriage belongs to the category under consideration.
- When receiving property as a gift or by inheritance at the time of marriage, as well as when purchasing property with one’s own funds received before the marriage is registered, this is a situation related to the concept of separate property of the spouses.
- Things for individual use also relate to the concept under consideration. Such things include clothes, shoes, and so on. An exception is made for jewelry that was purchased at the time of marriage. Jewelry also includes watches, the cost of which is calculated as a sum with several zeros. Jewelry is a product in the manufacture of which precious stones or metals are used. In addition, the concept of luxury items is also considered. However, it is relative, since the standard of living and income of different families differs. An example of a luxury item is a product made from natural fur. Other products cannot be classified as items of personal use, even if they were used only by one of the spouses.
- Financial assistance issued by the state, employer or other person is also separate property. Assistance can be issued as a result of loss of ability to work or injury at work.
The separate property of spouses is determined in a similar way. However, it is worth considering that the created marriage contract can change the definition, and it is the clauses of the concluded contract that will become the reason for a particular court decision. The separate property of the spouses can become part of the drafted marriage contract.
Recognition of property as jointly acquired
Quite often, married couples have the question of how to prove that property is not jointly acquired or, on the contrary, that it is the common property of the spouses.
In the first case, it is necessary to provide all possible evidence that only one spouse participated in the acquisition of property.
If we are talking about, on the contrary, recognizing property as common, then we can be guided by Art. 37 of the Family Code of the Russian Federation. It states that movable/immovable property in which the labor and/or money of both spouses have been invested can acquire the status of common property, if this has significantly increased its value.
For example, let’s imagine that citizen N. filed a lawsuit demanding that the house purchased by his wife before marriage be recognized as common property. During the 3 years of marriage, the plaintiff made major repairs there with his own hands and improved the surrounding area. Thanks to this, the market value of housing increased by 1.5 times.
As evidence, citizen N. provides a link to his YouTube channel, where he shows how he renovated a house. In addition, he attached copies of invoices for payment for construction materials and contracts for the provision of services of specialized technical specialists to the statement of claim. The plaintiff also obtained testimony from neighbors, relatives and friends who had seen him doing housework more than once.
After considering the case materials and talking with witnesses, the court decided to satisfy the claim to recognize personal property as joint property.
The situation may be a little different. Let's say a couple took out a loan to build a house or buy a car, and at the time of the divorce the debt was not fully repaid. Since the bank documents were issued in the name of the husband, the wife waived her obligations to repay the loan.
The husband filed a lawsuit to recognize the loan as joint property, citing the fact that they took money from the bank for family needs - for the construction of a joint house. The court considered the plaintiff’s application, the case materials and, having received the bank’s approval, decided to divide the loan repayment obligations between the husband and wife.
Please note: even while remaining married, spouses can draw up a peaceful agreement on the division of property, defining the boundaries of their material rights.
If it is not possible to resolve the issue amicably, then you can file a statement of claim with a request to establish property during the marriage in court.
Example of a claim:
Regime of separate property of spouses
The regime of separate property of spouses can be applied when concluding a marriage contract. A prenuptial agreement has been very popular abroad for many years, since its preparation can eliminate the possibility of a problematic division of property in the divorce process. The subject of the contract being drawn up is a change in the ownership regime. Thus, from the moment such an agreement is concluded in the family, there is not only joint, but also separate property.
The time of registration of the contract does not matter. Moreover, according to these points, any property can be recognized as common, even when registered under the name of one spouse before or during marriage. In addition, there is the concept of “shared property”, which spouses can also claim during a divorce. In this case, the property of each spouse is assessed to determine the total amount of its value from which shares will be allocated.
Division of common property during divorce
In case of divorce, spouses can divide property in three ways:
- In accordance with the peace agreements.
- According to the marriage agreement, if one has been concluded.
- By filing a claim in court.
The parties can claim either material assets in full, or some share in them. Each party has the right to express its wishes in the lawsuit, but the final decision will remain with the court.
At the end of the trial, a decree will be issued explaining what property is divided between the spouses during a divorce and what remains the property of one or the other party.
If the plaintiff or defendant remains dissatisfied with the outcome of the claim, they can challenge the decision in a higher jurisdiction.
Find out more about the division of property acquired during marriage.
Premarital property
Premarital property is an item of movable or immovable property, money that was acquired by spouses before marriage. If, during the division of property, it was proven that the disputed items or real estate belong to this category, then they are classified as separate property. However, a marital separation agreement may provide for the option that premarital property will also be taken into account during the division of marital property.
Where to go
If the conflict has reached the court, then you need to decide which authority to go to. The guideline should be, firstly, the amount of claims:
- if it is less than 50 thousand rubles, you can contact a magistrate;
- if more, then the case will be heard in a court of higher jurisdiction - district or city.
You can always ask a lawyer if you have any questions. He will tell you where it is better to apply in your case or sign up for a personal consultation.
Secondly, it should be remembered that the application is usually sent either to the place of registration of the defendant, or to the location of the property, if it is the subject of a dispute.
Inherited property
Inheritance of property is a set of property obligations and rights of the testator, which are transferred in the prescribed manner to the heir. Various things and other property, including rights and obligations, can be transferred.
It is worth noting that household furnishings, unless they are classified as jewelry or antiques, are not included in the inherited property, either as shared property or as anything else. According to established norms, such property is transferred to persons who lived together with the testator before his death. If there are no such persons, then the things are transferred to the heir if he wishes.
- The following cannot become inherited property:
- structures erected without appropriate permission (houses, apartments, non-residential premises, etc.);
- lost payments due to temporary disability, wages;
- right to alimony, child benefit;
- copyright or registered name.
In judicial practice, such property and rights are always the cause of disputes in the field of property regime. It is worth noting that inherited property is considered separate. To prove this, you must provide official documents, for example, a will. The marriage contract can also amend this issue.
Marital agreement on joint property
An excellent way to avoid legal conflicts regarding property claims over property acquired during marriage is a prenuptial agreement. In it, in particular, it is possible to stipulate what material benefits everyone will have the right to count on if it comes to divorce.
Find out in more detail what it is and how to draw up a marriage contract.
Property of each spouse
The property of each spouse is personal property. It includes things, shoes, accessories that are not jewelry. It does not matter at what cost such products were purchased. Thus, products that are classified as luxury goods may be excluded from the category of personal property, in some cases, as shared property.
Property of each spouse. Jewelry
In most cases, it turns out that it is women who are the owners of jewelry, which many of them equate to personal property and believe that they have the sole right to own it. This is a big misconception. If jewelry or other items have been classified as valuables, they must also be divided equally between the spouses. It does not matter at what cost such products were purchased. An exception is proof that the products were donated, for example, by parents. Such a question always leads to a large number of disagreements and, as a rule, is always considered on an individual basis.
Property of each spouse. Intellectual property
Often, intellectual property becomes the cause of numerous disputes, partly because it cannot be established as shared or separate. According to the established rules, only income received from intellectual activity is considered joint property. The result of such activity itself is not an object of jointly acquired property. For example, if one of the spouses at the time of marriage became the author of a song or music, then it will belong only to him, but the income received from such activities will be divided in half between the spouses.
This feature is due to the fact that, according to accepted rules at the legislative level, the author is assigned the right to the result of creative activity. The only exception is the co-authorship of spouses, when any work will be marked as belonging to both parties to the conflict.
Purchasing residential real estate during marriage
On the one hand, buying an apartment, house or cottage looks like a joint effort between spouses. After all, they prepared for this together, looked for suitable options, negotiated with realtors, and perhaps spent time consulting with lawyers.
However, from a legal point of view, this property cannot in all cases be considered common.
Thus, an apartment purchased during marriage is not jointly acquired property if it can be proven in court that the money for it was obtained, for example, from the sale of a house received by the wife as an inheritance from her parents.
This housing will be considered personal property until the husband invests a significant amount of his work or money into it.
Right of joint ownership
When considering the possibility of recognizing the property of one of the spouses as common property, only one important point can be highlighted, which occurs quite often. An example is a situation where one of the spouses owned real estate before marriage. If, after the official part of the registration of the relationship took place, any specific investments were made in this property by the second spouse: repairs, restoration work, improvement of living conditions, communications and other cases, and this can be proven, then the real estate and other property can become common, that is, the right of joint ownership is exercised. In conclusion, we note that movable and immovable property can be recognized as common property due to one of the clauses of the drawn up marriage contract. Therefore, this document should be given special attention.
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Documentation
First, you should draw up a statement of claim to recognize the property as joint property. It should contain detailed information about the material assets regarding which the couple has a conflict. In addition, you need to provide information about the spouses themselves and the marriage. If a prenuptial agreement was concluded, this should also be noted.
The following must be submitted along with the application:
- A document assessing the property that is the subject of the dispute.
- Receipt for payment of state duty.
- Photocopy of marriage certificate.
- Photocopy of the marriage agreement.
- Title documents for property.
- Any documents confirming the applicant’s position.
- Witness's testimonies.
conclusions
The legislation describes in detail in which situations property can be recognized as common, and in which it will be considered personal. When considering seemingly similar cases, the results can be completely different due to legal nuances.
The key requirement for jewelry, a dacha, a business, an apartment, a car or other goods to be regarded as joint, is the formation of this property through financial investments or physical labor of both spouses.
But even this rule may have exceptions. Therefore, if you have questions about who can claim what during a divorce, then you should consult a lawyer. He will explain what applies to common and/or personal property in your case and advise you on how to defend your position in court, if necessary.
