Sharing property in a common-law marriage, how do we share the gains?

Today, many couples live exclusively in a common-law marriage; they do not register their relationship in the civil registry; as a result, when they decide to break a relationship, there are many problems with the division of property acquired in a common-law relationship.

What property values in a common-law marriage are equal to common property

Russian legislation regulates the rights of officially registered spouses.In the division of wealth, it is much easier for such couples to do so, because under the law in force, the property acquired during the years of their cohabitation is their common property, and both spouses have the same rights and share the property in equal shares.

In an official marriage, joint property includes:

• movable/real property;
• Furniture;
• Jewelry;
• Items of interest;
• Business;
• Securities;
• Wages;
• Awards;
• Books, videos, other elements of intellectual work.

In a situation where couples live informally and engage in joint economic activities, efforts must be made to share the property acquired.Accordingly, the question arises: How can such couples be treated in this situation? As the law states, cohabitants are two ordinary citizens, and therefore any differences are resolved in the same way as two strangers.

In the case of cohabitation, two categories of property are distinguished:

Separate— each spouse owns the property that he personally acquired, officially registered for himself.

Example: a civilian husband purchased a car for his own money and registered the vehicle accordingly if the property were to be divided would remain with him.

Dollars- The property purchased is processed and documented for both spouses.

An example is that the husband and wife have developed money and purchased an apartment for them, while the husband has invested 2,000,000 rubles and the spouse has 1,000,000 rubles. Accordingly, the document records the co-habitants ' share, according to which the spouse owns 2/3 of the property and the spouse owns 1/3 of the property.

Civil marriage: features of the division of property

As a rule, property cases of officially registered spouses are regulated by family law, similar relationships between civil couples, the Russian Civil Code, according to which shared property assets are considered to be common share property.

How can we share property acquired together in a common-law relationship?When a relationship breaks down, it is left to the spouse who owns it.

Accordingly, if the husband was not employed, he was exclusively engaged in household chores, while the husband was working on the basis of the earnings earned during the years of his living together to buy a car and an apartment, with all the documents for himself, and he was the full owner of the property.

Exception: When there is evidence that a spouse who is not officially the owner of a particular property has invested his finances in buying it.

The process of inheritance of property resulting from the death of a spouse who had lived in a common-law relationship should also be noted.Under the law, the second spouse does not have the right to inherit the property in question.

Russian legislation did not provide legal guarantees for civil couples; the regulation of the property relationship of cohabitants was based on their own agreements, which could not be guaranteed in the event of the breakdown of their relations with a fair division of property.

How to Share Property to Couples Living in a Civil Marriage

If there is a conflict between the co-habitants over the division of property that the settlement agreement does not resolve, recourse to the court should be sought.

It is not a form of action for registered couples that is brought before the court, but, in accordance with civil law, a claim of another type:

• A claim for recognition of ownership of part of property;
• A claim for unjustified enrichment.

In rare situations where civil spouses have acquired a joint property contract, a claim must be filed with the court for the legitimate allocation of shares of jointly acquired property in order to resolve a conflict situation.

In the event of a division of material assets between citizens living together, the following grounds must be applied in accordance with the legislation of the Russian Federation:

• There are no legal consequences for the living together of two persons who are not formally married;
• The allocation is exclusively for the total share of property;
• In the division of equity property, the law of equity property, but not joint property, should be applied.

It can be seen from the above that the division of any property acquired in a civil informal union is limited to the determination of the share of each spouse.

Those who live in a common-law relationship are advised to document all costly acquisitions (car, house, apartment, etc.) with an indication of the investment in the purchase.

What should be done in situations where the necessary documents are simply not available?In this situation, there is only one solution — to negotiate peacefully among ourselves, implying a fair share of everyone's share in the acquisition of shared property.

Claims for recognition of ownership of property

The most common phenomenon is when the property acquired is formally registered with a particular spouse; according to the HC, such property is recognized solely as his property.

In such a situation, how is the division of property acquired jointly by cohabitants?

If the second spouse has invested his or her own portion of the money in the property, he or she will have to file a claim for ownership, which must contain the following particulars:

• Name of vessel;
• F. I. O., both parties to the dispute;
• Address of residence;
• The value of the claim document;
• When the property, the share of each, was purchased, the value of the subject matter of the dispute;
• The nature of the violation of the right to own the property;
• Evidence of the claims submitted (witness statements, receipts, contractual agreements, bank statements, receipts, income statements, etc.).

Which may increase the complainant ' s chances of a court decision in his favour:

• A specific period of residence for a civil marriage;
• The spouses carried out economic activities jointly;
• The co-habitants purchased the property together for joint use;
• The spouses used the purchased property together.

The evidence must be as strong as possible, and all the documents collected are attached to the suit, submitted to the city/district court.

The period of limitation of an application for recognition of title is three years, the report of which begins with the submission of the document by one of the co-habitants who noticed violations of their own property rights.

Credit section

The cost of living together between two persons in any status is generally different: the purchase of household equipment, a car, apartments, furniture, travel costs, etc.

For many acquisitions, couples often borrow from a bank that is registered with a partner.

The case law shows that it is not possible to argue subsequently that the loan funds taken were spent by one spouse or in association with another.

It is important to understand that a civil marriage is not a basis for the formation of legal rights of ownership of property; such cases are subject to the only rule: which of the partners is subject to a credit contract, which is subject to debt obligations, and which is not to be divided.

Sharing of property in a common-law marriage 2023: through court, voluntarily, model application

A common-law relationship between a man and a woman is referred to as a common-law marriage.

Although it is referred to as a civil marriage, it has nothing to do with the registration of a relationship, nor is there a concept of "civil marriage" in Russian law. Religious and church marriages are also not legal.

Article 1 of the Family Code of the Russian Federation defines as lawful the marriage that has been registered with the civil registry bodies, in accordance with the procedure established by law.

Many couples live together, maintain a common household, purchase property and give birth to children, all of which are signs of family, but property relations in a common-law marriage are not regulated by law.

The concept of joint property

Property acquired during the period of cohabitation and the maintenance of the farm is considered to be jointly acquired.But according to the law, all property that has been acquired in a common-law marriage will be separated.

If, during the years of cohabitation, the couple purchased a car, it will only belong to the person who is listed on the transport passport as the owner.

Expensive furniture, silver spoons, large household appliances and other items of considerable value will become unprofitable if the purchase checks are not retained.

The one with the cashier's checks will be the sole owner of the property.

Article 36 of the Family Code defines a list of assets not subject to division in any case:

• Acquired prior to cohabitation;
• The inheritance or gift;
• Personal items;
• Intellectual property.

The above-mentioned property is considered to be personal and, in the event of separation of the civil couple, cannot be claimed by a second partner.

Can you share property acquired in a common-law relationship?

To share property in a common-law relationship, you have to prepare for certain difficulties.

It is possible to enter into an official marriage and enter into a marriage contract that will determine which property belongs to each of the spouses, as well as to approve the division of property acquired in the future.

The advantage of a marriage contract is that it can be concluded before the official registration of the marriage; the contract requires a binding assurance from a notary office.

If the co-habitants fail to reach mutual agreement, they will have to apply to the judicial authorities, and if the court is to grant the property-sharing application, the parties will have to provide documents confirming the acquisition of the property by a particular co-habitant.

As property acquired in a common-law relationship is divided

The division of property acquired over the years of a common-law relationship is a complex process, and the details of the division of property should be examined in order to understand the procedure.

Acquired jointly from a common-law relationship

According to the law, property acquired during the years of a common-law marriage is not recognized as a joint property; well, if the movable and immovable properties are registered as owners, the shares of the spouses and the amount spent on the purchase are taken into account; once the shares are determined, the assets are divided according to their size.

Unformed

The process of division of property, which has not been formalized, is complicated, in which case the procedure is conducted in a court of law.

The requirements for filing a claim are as follows:

• Recognition of equity of ownership and division of property between cohabitants;
• Establishment of the right to share property;
• The recognition of common obligations and their separation between civil spouses.

It matters!The Civil Code does not define property acquired in a common-law marriage as a share of property; therefore, the separation procedure is not always favourable.

After the death of a common-law spouse

According to the law, couples who live in a common-law relationship are not official spouses; therefore, in the event of the death of one of the partners, the other is not recognized as an heir, nor is he entitled to claim his property.

If there are children

When children arrive in a common-law marriage, the nuances of the division of property change, and the separation process is still regulated by Civil Law.

If paternity has been established, the property is divided according to the norms of the Family Code of the Russian Federation; when part of the property is registered with a child, the parents are not entitled to deprive him or her of his or her legal rights.

Domain property

When the property is originally registered as joint property, the division takes place on the basis of the shares of the spouses.

Voluntary agreement on the separation of property

If a couple has a good relationship and can agree between them, they have the right to separate the property by themselves; this requires a written agreement on the division of property.

The asset-sharing agreement includes the following information:

• Personal details of the parties;
• The subject matter of the treaty;
• nuances and division of property.

It is desirable to assure the notary office of the agreement; if there is a contract, the likelihood of disputes and claims between former co-habitants is minimal.

Judicial distribution of property

If the division of property could not be resolved on its own, the common-law spouses would have to go to court.

The application is not made in accordance with family law but in accordance with the Civil Code:

• Recognition of ownership of a specific part of the property;
• Ungrounded enrichment.

There is no standard claim for division of property; this is due to the absence of the concept of civil marriage in the law and to the fact that all property acquired is recognized as separate property.

The application can be made on its own, or a lawyer can be contacted, a suit is filed by one of the civil spouses in person, and an application can also be submitted through a representative.

Regardless of the type of claim, the following particulars are included:

• Name of judicial authority, F.I.O. Judge;
• Personal details of the plaintiff and defendant (F.I.O., address, contact number);
• The name of the document;
• Reason for filing a claim;
• A list of assets and their value;
• Claims;
• References to legislation;
• List of documents annexed to the statement;
• Date of filing of the claim;
• The applicant ' s signature.

On the basis of the claims made, the claimant may supplement the statement with other data; there should be no errors or malformations in the document.

The following may be evidence of the basis of the claim:

• Documents;
• Photographs;
• Audio- and video-recording;
• Witnesses ' testimony;
• Data on the claimant ' s and respondent ' s income;
• Information on expenditures on common property.

By collecting as much evidence as possible, it is easy to obtain a legal division of property; the judge relies on a combination of all factors affecting the division, the arguments of the parties and the evidence base.

Council!It is better to draw up a statement of claim in two copies, one of which is stamped in order for the plaintiff to have confirmation of the acceptance of the document for consideration.

Claims for recognition of ownership of property

The property is most often registered with one of the spouses and therefore belongs to the spouse, and if the other spouse has also been materially involved in the acquisition and claims for part of the property, he must file a claim for recognition of ownership.

In addition to the standard information, the application should specify:

• The date of acquisition of the property;
• Cost of the facility;
• whose funds were spent on purchase;
• There's no reason why the right to property has been violated.

The main point is to provide the court with evidence to support the arguments presented in the claim, and the evidence takes into account contracts and receipts, bank statements, cheques, income statements.

The odds of winning the case will increase if the plaintiff proves that the parties:

• Lived together for a certain period of time;
• Together, they ran the farm;
• Jointly acquired property that was used for common purposes;
• The property acquired was used together.

A solid evidence base should be prepared; all documents were attached to the application and sent to the judicial authority.

The statute of limitations for applying to a court for recognition of property rights is 3 years, calculated from the moment one of the civil spouses learned that his property rights had been violated.

An action for the recovery of unjustified enrichment

If it is not possible to prove ownership, it is possible to prove that the money is transferred to the co-habitant for the purchase of the property; then it is more appropriate to demand the recovery of the money than the distribution of the property.

It is not always possible to prove that money has been transferred, and it is rare for a partner to make a cash transfer receipt; if a citizen works informally, it is difficult to prove that he had the money at the time of purchase.

Unjustified enrichment does not always occur by malicious intent; there are situations in which a common-law spouse fails to make a will; after death, the estates are inherited by relatives, and the informal spouses get nothing.

Sharing of property in a common-law relationship - professional assistance

Provision of initial legal advice, office or website contacts	Free of charge
Provision of extended oral or remote client advice	From 1,500
Written consultations indicating legal norms and references to legislation	From 2,500
Determination of shares in a common-law marriage	From 3 500
Formulation and maintenance of peace agreements between the parties	From 6 500

Formulation of claims as well as withdrawals	From 5,000
Drafting of procedural motions, e.g. for the arrest of sites	From 2 100
Formation of appeal or cassation	From 3 200
Collection of evidence for civil marriage proceedings	From 5 600
Representation of interests in the primary court	From 40 000
Representation of interests before the appellate or cassation court	From 42 000
Accompaniment of enforcement proceedings where necessary	From 6 400

Although the term "civil marriage" is quite common, it is not enshrined at all in the legislation in force; by default, it is the habitual cohabitation of two people, during which they may also acquire certain property, including real estate and other property.

This type of cohabitation is not in any way protected by the State, so if people decide to break up, the process of sharing property will immediately create additional problems and serious difficulties.

In accordance with the provisions of the Civil Code of the Russian Federation, all property acquired by two persons during cohabitation, provided there is no formal marriage union, can be divided into two main categories:

• Separate property: In this regime, certain tangible property will be owned by the person who bought or paid it;
• Joint equity property: This category includes all items that have been purchased in common funds.

Consequently, if a woman did not work during the period of cohabitation and, for example, engaged in a household while the man was responsible for their financial security, she would not be able to claim absolute value in the case of division.

Existing jurisprudence also shows that if a woman has informal earnings that cannot be documented, it will also be almost impossible to obtain a certain percentage of property.

Is the sharing of property in a common-law marriage possible in principle?

Legal relations of a property nature between two persons who live together are not regulated by the legislative rules of the Family Code of the Russian Federation.

This is due to the fact that relations between citizens are not registered by law.

Property criteria need to be defined; if acquired through cohabitation, objects may be classified as follows:

• Personally, if a particular object is recorded on a person's face;
• Co-owned (assumed ownership of equal or self-determined shares of a particular facility).

The regulation of any relationship between cohabitants, including the division of property of natural persons in a common-law relationship, is based on mutual agreements; this is not always the guarantor of a just solution.

For example, a couple is interested in sharing property in cohabitation, such as the apartment they were both involved in buying.

If real estate was granted to only one of the citizens, the second would have to prove that he had also participated in the acquisition, otherwise it would not be possible to distribute shares or recover funds.

Sharing property in a common-law marriage: How to recognize it in common?

In the case of the division of property purchased together in a common-law relationship, it is necessary to prove that both parties have used personal finances in the purchase of belongings.

• Living together between citizens during the time when the property was acquired;
• The fact that the property is shared and shared;
• The fact that both citizens have invested in the ownership of the funds (it is further recommended to attach information on how much money has been spent for purchase).

The following evidence can be provided for the division of property acquired in a common-law marriage:

• Information received from relatives, mutual acquaintances, friends, neighbours.
• Personal correspondence between co-habitants;
• Qualitatives, bills, bank bills and checks.

The most difficult step in putting the procedure into practice is to collect the evidence presented; for example, it is not easy to attach correspondence – it must be notarized, and even then it may not be involved, especially if the other party disagrees.

Methods of division of property, determination of rights, distribution of shares in a common-law marriage

The division of property that individuals have purchased into general finance in a civil marriage is a procedure that is governed not by the rules of the Family Code but by the rules of the Civil Code of the Russian Federation, in particular article 244 of the Criminal Code of the Russian Federation.

• Voluntary: Former co-habitants process and sign documentation that indicates the rules for the subsequent fate of the property;
• In legal proceedings, either the manner in which the facilities are used or the proportion is determined through judicial proceedings.

Consider each of the ways presented in more detail.

Voluntary sharing of property in a common-law relationship

In the event of a peaceful separation of the couple, the law provides for the possibility of allocating property or share of property by means of a peace agreement which will have legal effect, but a settlement agreement may not always be necessary: there is a list of property for which legal confirmation is not required:

• Transport;
• Financial assets;
• Domestic appliances, electronics and other minor equipment.

A peace agreement is concluded for the division of large objects, such as housing, land or other immovable property or business, and the shares of nominal spouses will be recognized as equal under article 254 of the Civil Code of the Russian Federation.

If the shares of former co-habitants are assumed to be different, the information should be detailed in the supplementary annex attached to the contract for the sale of the facility.

An additional share agreement may be drawn up and signed later, but in this case must be notarized.

In order to reach a settlement agreement, it is recommended to seek the assistance of an experienced human rights defender, who will examine the claims of both parties and help to record the decision taken regarding the division of property in a common-law marriage under the rules of legislation and acts.

Distribution of property in a common-law relationship in court proceedings

In order to initiate judicial proceedings, it is necessary to form a suit for the initiation of proceedings, which will specify the requirements: identification of the natural or percentage share, determination of the rights to order; before resorting to a judicial authority, it is necessary to bear in mind the principles on which the judges are based in 2023:

• The fact of living together would not constitute an essential ground for the judge, nor would it give rise to procedural consequences;
• In the division of property that individuals have bought together in a common-law marriage, the norms of the Russian Civil Code concerning joint share ownership shall apply;
• In the course of judicial proceedings, the shares of each party must be determined;
• The objects or items inherited by one of the cohabitants or purchased with the inheritance money shall not be divided;
• In order to recognize the right to joint ownership, evidence must be presented – as described above.

In the event of a property dispute, the best solution will be a human rights defender who will provide the necessary procedural documentation, as well as help to establish the evidence base and represent the judiciary.

Distribution of property in a common-law marriage when children are present

If there are children at the initial stage, it is recommended that it be determined whether one of the cohabitants is the father of the child if not previously determined.

In this case, legal relations will be governed by the Family Code and not by the Criminal Code of the Russian Federation. Children will have the same rights as children born in a registered marriage. When sharing property in cohabitation, it must be borne in mind that part of the property of parents belongs to a minor child.

Under the law, a child is entitled to the following:

• To receive maintenance from both parents;
• To communicate with both parents and their relatives;
• Live with one of the parents together and use their living space;
• To inherit in first order (the child automatically becomes the heir of both parties if both the father and the mother are included in his birth certificate).

A child who remains with one of the parents is entitled to maintenance from the other parent.

With regard to property relations, it must be borne in mind that the child claims a share of the joint property of the parents.

This can be said in court proceedings – so if a minor child stays with her mother, she can claim to have a part of the child under age.

What difficulties can be encountered at the pre-trial and trial stages?

Among the problems that may be encountered in pre-trial and trial proceedings are the following:

• Even if there were earlier oral property agreements between the spouses, they will not be recognized by the court as having legal effect;
• The share of property arises only if both citizens have invested in the purchase of money; if, for example, the apartment has been bought with the husband ' s money and the repair has been done with the wife ' s money, it is legally the husband ' s;
• Very often, participants try to get rid of the disputed property before the trial starts – for example, they try to sell it or rewrite it to their relatives – and whatever happens, it is worth applying immediately for the arrest of the facility.

Any problems of sharing the good acquired in a common-law marriage can be effectively resolved by seeking assistance from a human rights defender who specializes in the Criminal Code of the Russian Federation and family law.

Sharing property in a common-law relationship - case law

The division of property in a common-law relationship is a very delicate and complex process, as there is no law at this time that recognizes equal rights between spouses of an official and unregistered marriage.

In order to get your share of the jointly acquired goods, if you fail to resolve the conflict through an arrangement, you will have to file a lawsuit with the court.

For more details on how to do so, what supporting documents are needed, and what rights you have in the division of jointly purchased property, read further.

Question of the sharing of joint property

The question of sharing shared property often arises among couples who break up after having been married for some time.

Usually, two main solutions to the problem of the division of jointly acquired property are identified: peace agreement and judicial proceedings, by filing a claim.

The choice of the necessary procedure often depends on the relationship between former cohabitants.

1. In such a case, it is up to the notary to make a contract of his own, stating who obtains it justly or by mutual agreement, on the basis of the principle of who is most important.
2. Judicial proceedings: In cases where it is not possible to settle the question of the separation of the acquired property at the time of the dissolution of a common-law marriage in a calm manner, former co-habitants must go to court and file a statement of claim, as the case law shows, the claim is divided into two sub-categories: in the first case, the claim is filed for recognition of the right of a particular entity to share in the joint capital; in the second case, a claim is filed for refusal of undue enrichment at the expense of the co-habitant (if the former common-law spouse requests the giving of property to which he or she has nothing to do with it).

It is not possible to bring a claim for the division of joint property before a court, since the law of the Russian Federation for 2018 does not consider civil marriage to be full-fledged, and all capital acquired during cohabitation is the property of the purchaser.

The exception is that a contract has been drawn up in advance for the sharing of wealth in equal or in a specified ratio, and on the basis of an official document you can file an action to obtain, through the court, a specified advance portion of the property.

What assets are considered to be joint assets?

Joint property to be divided includes:

• Real estate;
• The vehicle;
• A plot of land;
• Precious stones and gold;
• Social engineering and tools (artistics, music, construction);
• Money (premium, pension, scholarship, wins).

Capital that is not divided includes:

• Purchases made prior to the start of cohabitation;
• Items purchased for the personal money of one of the spouses or on credit in his or her name;
• Personal goods (exceptions are only expensive goods and luxury goods);
• Intellectual property or copyright;
• The inheritance;
• Presents.

The practice of dividing the capital of a common-law marriage

The division of the capital of a civil marriage is, in practice, an incredibly complex and complicated process, since there is no law to make the marriage valid on your side and your case is not dealt with in the Family Law of the Russian Federation.

1. All available property (which is to be separated) must be described in detail, specifying when it was acquired and for what purpose, who initiated the purchase and exactly how the civil spouse treated the purchase.
2. The moment of proof of the fact that its savings are invested in the purchase and its right to the item is also a great challenge.
3. The case law provides for the formation of a joint property contract between the partners and the procedure for the separation and exploitation of the common capital and real estate, and an explanation of why you neglected the agreement will be another task for you.

Note that it is only with supporting documents, oral agreements and agreements between spouses that it is possible to obtain court recognition in any matter.

Property rights at separation

Your property rights will have to be proved in court when it is divided.

The first thing that needs to be done is to prove the very existence of a family, and hence the existence of rights to the separation of acquired and acquired property during the period of a civil marriage.

Since living together for a long time cannot be left without any related purchases and joint cases, in order to establish the existence of a marital life outside the scope of registration, the court ' s attention may be focused on such matters:

• The existence of a common household which would not be available to people who have just begun a relationship;
• Joint, expensive or massive purchases (it is necessary to confirm the joint contribution of money to the acquisition).

The supporting documents are cheques, receipts, withdrawals from a joint or separate account, income statements, witness indicators (neighbors, friends, colleagues), personal photographs, videos, correspondence, etc. Any information showing the existence of a civilian family will be useful. The more information you provide to the court, the more likely it will be to resolve the dispute.

Judicial practice regarding civil marriage

The case law on civil marriage, after which it is not possible to divide property by agreement, requires the preparation of a statement of claim.The claim shall include such information as:

• The passport and telephone contact number of the plaintiff;
• Name of claim;
• The reason for resorting to the courts;
• A list of capital to be challenged;
• A list of supporting documents that the claimant may attach to the claim;
• Request for settlement of disputes;
• Date and signature.

It is important that this statement should be well written, legible and accessible to understand, and that thoughts should be expressed clearly, concisely and without unnecessary details that are unrelated to the case (personal grievances, empty accusations, etc.). You can provide additional information if you think it is relevant and can be counted by the court.

The procedure for the filing and review of an action by a court consists of several steps:

1. The choice of a judicial authority appropriate to the situation: If the amount of the property in question does not reach 50,000 roubles, you must apply to the justice of the peace; if the amount is higher, you must apply to the district court.
2. Selection of the necessary division of the court: The selection criteria should be based on the address of the propiska of the spouses in a common-law relationship.
3. The payment of the mistress.
4. Submission of an application to the court and anticipation of the date of the session on the division of property.
5. Participation in a court hearing, where it is necessary to answer questions clearly and to speak only on the merits, and on the basis of the hearing, the judge shall rule.

Division of property in a common-law marriage after death

The division of property in a common-law marriage following the death of one of the spouses has no legal basis, as spouses in a common-law couple are not entitled to inheritance.

Due to the fact that the marriage has not been formalized, the partner is not related to the deceased in any way and is not in any line of succession (in the registered marriage, the spouse and the child are the first heirs of the spouse ' s capital).

An exception to the rules may be the existence of a will officially certified by a notary, where the data of a civilian partner will be recorded.If such a document is available, the partner becomes the official heir once it is made public and the decision does not require further evidence.

Sharing of property with children

The division of property of a common-law marriage, if it has children, is more difficult, since the relationship between parents and children outside the registered marriage is not regulated in any way by the Family Law of Russia.

Only children ' s rights are protected by the State ' s policy on motherhood and normal childhood, which means many limitations and responsibilities for the father of the child.

If it is officially established that the civil spouse is the biological father of the child, the obligations of the man are as follows:

• To participate in the child ' s life;
• In the event of the dissolution of the civil union, payment of alimony;
• To grant the child the right to inherit.

If a woman has had a child with whom her companion had nothing to do with her during the dissolution of her cohabitation, the man has the right to waive all of the above duties.

All goods purchased in the child ' s name cannot be divided between the parents because they are owned by the child; the division of property in such cases can only be made if a portion of the proceeds is deposited in the child ' s bank account.

In conclusion, it is worth noting that in order to secure the purchase of expensive property and to carry out transactions involving large investments during the period when you are in a common-law relationship, a cost-sharing agreement should be concluded with the partner.

It will also be a good guarantee that you will not be left without, for example, a co-purchased dwelling that is reserved for only one of the partners in the event of unforeseen events or his death.

Distribution of property acquired in a common-law relationship

In recent years, there has been a growing interest in the possibility of sharing property acquired in the so-called "civil marriage"; this is no accident: there is a tendency in society to change traditional forms of marriage.

The forms of modern family are diverse, and the very common form of marriage is an unregistered marriage in which a man and a woman have a relationship with all the characteristics of the family when they do not marry in the civil registry.

They share a household, bring up children together, see each other as spouses, and so do others.

The question of the possibility of sharing property acquired in such a union may arise in different circumstances.

Clearly, it is most acute in conflict situations where a decision is taken to terminate a relationship.

But it can also be relevant in everyday life when, for example, a couple has acquired expensive property and disputes between heirs, etc., must be prevented.

The legislation in force is clear: the de facto relationship between a man and a woman, even though it has family characteristics, is not recognized as marriage; this deprives the persons living in such a marriage of the guarantees that the law grants to the spouses, and the solution of problems is determined by the moral qualities of the partners.

If, on the other hand, property acquired jointly during the period of the actual relationship is registered with only one of the partners, the other partner ' s property will have to be proved by the courts.

Of course, the majority of cases are decided by the courts on a general basis: de facto cohabitation does not give rise to common property and the property is deemed to belong to the partner in whose name it is registered.

However, in recent years there have been decisions that indicate a different approach by judges to the resolution of such cases, and the courts have made reasoned decisions to recognize property acquired in common-law marriages as common-law property, but unlike the property of the spouses, which is always a joint property, the common property of the partners of a common-law relationship can only be recognized as joint-law property.

Judicial practice

In particular, the Krasnoyarsk Regional Court ' s ruling of 29 August 2013 did not change the decision of the lower courts, which granted the claims for recognition of the common property of the parties in the actual marital relationship.

The case was examined on the basis of an application by U to the court for recognition and division of the property.

In support of its claim, U stated that it had engaged the defendant X in a de facto marriage during which they purchased several apartments, a non-residential store, and also invested in the joint construction of a multi-family dwelling.

In the application, U requested the court to recognize the property as common property of the parties, to determine equal shares in the right to the property, to recognize ownership of the apartment and store, and to recover from its former partner X 1.2 the share of the money invested in the joint construction.

However, the courts indicated that, in fact, there was common ownership of the properties in question between U and X, as the parties shared a joint household, had a total income from business activities, and the total income was spent on the acquisition of shared property. This conclusion was based on photographs, testimonies, including relatives of former partners.

This is not the only court decision that expresses a position on the admissibility of recognition of common-law property as common-law property.

Thus, in case No. 33-7184 of 25 June 2012, the Rostov Regional Court of Appeal upheld the decision of the Oslo District Court of Rostov Region to recognize ownership of 1.2 shares of property acquired in a common-law marriage, to transfer ownership of property and to amend the EGRNG accordingly.

The case was reviewed by E, who stated that during the actual marriage with the defendant E.E., they had jointly purchased the house and the land.

After the purchase, they lived together in it, maintaining a common household, without the possibility of a marriage; according to the plaintiff E, the house and the land are the common property of her and her former partner, E.E., since the house and the land were acquired by them by prior agreement for residence, and her share of the right is 1/2.

The requirements of E were met by the decision of the Oslo District Court of Rostov Region of 11 April 2012, which was left unchanged by the appeal court.The courts referred to paragraph 7 of Decision No. 4 of 31 July 1981 of the Plenum of the Supreme Court of the USSR on the Judicial Practice for the Settlement of Disputes Relating to the Ownership of the House, stating that the Court could, on the basis of specific circumstances, grant a claim for family members to have joint ownership of the house jointly acquired under the contract of sale if it was established that an agreement had been reached between the family member and those persons for the joint purchase of the house and, for that purpose, the family members had invested their funds in its acquisition. This conclusion was drawn by the courts on the basis that the plaintiff had established the existence of an agreement for the purchase of the house and the amount of the funds invested by the plaintiff by means of documents (writing, copy of the savings document, copy of the loan contract) and witness statements.

However, the other partner will be given a share in the property, which is generally considered to be equal.

But it is always possible to prove that one of them had a significantly higher contribution to the property.

What and how to prove it?

Having examined the jurisprudence, it can be concluded that in order to successfully resolve a case for recognition of property acquired in a common-law relationship, common-law property and its division, it is necessary to establish an evidentiary basis based, inter alia, on the following circumstances:

Existence of de facto marriage (cohabitation).

In particular, it must be argued that the relationship was long, stable, perceived by others as family, etc. This can be confirmed primarily by testimony.

Joint management and availability of a common budget.

Thus, it must be established that the purchase decisions were made jointly, the costs were also agreed upon, and so on.

For example, it is possible that some purchases requiring registration (real estate, car) and subsequently registered in the name of one of the partners were paid by another partner and received a receipt of money.

Evidence of cost-sharing can be obtained from joint travel, payment documents from one of the partners of the utilities on the accounts of the other, etc.

Availability of assets that partners considered common.

Thus, if a loan was issued in the name of one of the partners during the actual relationship, it is possible that the other may have been the guarantor or mortgaged his property (car, real estate) or provided the bank with information on his income for the calculation of total income, etc.

The fact that each partner invested money in the purchase of disputed property.

In particular, the amount of such investments should be confirmed and it is desirable to justify the sources of money for that purpose; it is possible that one partner ' s money for the purchase of disputed property to others has been borrowed from a special purpose loan or loan that specifies the purpose of providing funds, etc.