How is property acquired in a civil marriage divided?

Family law > Division of property > Is it possible to divide property acquired in a civil marriage?

• Civil marriage is the cohabitation of a man and a woman, which involves living at the same address, running a joint household and having intimate relationships.
• This type of relationship is not officially registered, so the man and woman do not have any obligations to each other from a legal point of view.
• To many, civil marriage seems very convenient, while others view it as something unstable and without any legal basis.
• In fact, from a legislative perspective, unofficial residence is associated with some problems regarding the regulation of property relations between the parties.

Common property in a civil marriage is divided differently than in the case of the breakup of a registered marriage.

Living in an unregistered marriage, people often assume that they will not have to share anything. Such relationships are only a marriage in words, but from a legal point of view, this is not the case at all.

Property acquired in a civil marriage

In an officially registered marriage, all this property would be divided in half upon divorce. And if disputes arise, one party has the right to go to court to defend its interests.

In a civil marriage, the property belongs to the person in whose name it is registered or registered, and the other party is left with nothing.

Regarding household small items, kitchen appliances, dishes, furniture, almost no one keeps receipts for them. Therefore, in the event of a breakup, it is unreasonable to hope that the division of joint property will be fair.

In most such cases, abuse and insults are quite difficult to avoid.

The question immediately arises of how to divide property acquired in a civil marriage . After all, the Family Code of the Russian Federation states that only an officially registered union of a man and a woman is recognized as marriage.

But cohabitation is simply not regulated by law, and referring to the norms of the Family Code when solving a problem in court will not work.

But a civil marriage can be regulated by the norms of the Civil Code of the Russian Federation. Article 244 states that property that belongs to two or more persons is held by them under the right of common ownership.

Therefore, the property of common-law spouses that was acquired during the period of cohabitation can be considered common shared property.

And if a claim is filed with the court to determine the size of the shares and division of property in the event of a breakup, then the cohabitants will be able to protect their rights and divide the property.

Features of the division of property in an unregistered marriage

The answer to the question of how to divide property acquired in a civil marriage can be found in the Civil Code, the rules of which regulate such relations.

In this case, the common property of the common-law spouses can be divided. But in order to dispose of its share, one party must have the permission of the other.

For example, if the wife did not work, was engaged in housekeeping, and the car, apartment and other property are registered in the name of the husband, then after the breakup of the relationship, this property will go to him.

1. Despite this, if it is possible to prove that the wife also invested her own money in the acquisition of property of which she is not officially the owner, then you can count on division.
2. A rather pressing question is whether property acquired in a civil marriage in 2023 is divided when the property of one of the unofficial spouses is inherited by the other.
3. In this situation, the widower or widow will not be the legal heirs, since there was no registration of family legal ties between them.

If the relationship is broken, the parties need to prove the fact of investing money in the purchase of the property that is planned to be divided.

If the spouses are in a normal relationship and have no claims against each other regarding property, then they can draw up an agreement in which the shares of each party and the procedure for their allocation will be determined.

If it is not possible to reach an agreement, then one of the parties has the right to file a claim to determine the shares in court.

How to recognize property as common

When dividing joint property in an unregistered marriage, it is not enough to simply prove the fact of cohabitation. In court, evidence must be presented that the man and woman actually considered the property to be common and both invested money to acquire it.

Evidence of the following facts should be provided:

• living together for a certain period;
• joint management of a common household;
• absence of separate use of joint property;
• joint acquisition of property, in this case it is necessary to specifically prove how much money was invested by each of the cohabitants.

The following may be used as evidence to recognize common property in a civil marriage:

1. Testimony from relatives, friends, children.
2. Letters, correspondence on social networks, blog entries, comments on forums and websites.
3. Checks, payment receipts and any other documents that confirm the fact of payment for property or making loan payments for it.

The most difficult problem to recognize property as jointly acquired in a civil marriage is the search for such evidence.

For example, in order for an email or correspondence on social networks to be presented in court, its screenshot must be notarized. The court may not accept all evidence for consideration.

If the text of a letter is provided as evidence, attribution will most likely be required. In most cases, to resolve the problem positively, it is better to seek help from a lawyer.

A good specialist will help you collect all the evidence, competently draw up a claim and justify the plaintiff’s claims in court. Success in a legal dispute is a high-quality analysis of documents, development of a legal idea and its implementation in court.

Division of property in an unregistered marriage if there are children

It is not uncommon for cohabitants to have children during a civil marriage. If there is a need for division of property, this moment will be regulated by the norms of the Civil Code of the Russian Federation.

If paternity is established, then property relations between parents and children will be regulated by the Family Code.

It is important to take into account when dividing property that when part of the property was registered in the name of a minor, the parents do not have the right to deprive him of his rights. The law equalizes the rights of children born in a civil marriage with those born in an official marriage.

The regulation of his rights occurs on a general basis. The main thing is that he is officially recognized by his father at the time of registration. Otherwise, according to the law, the baby will only have a mother.

Confirmed paternity means that the child has the right to the following:

1. Receiving maintenance from the father, and not just from the mother.
2. Communication with dad and his relatives.
3. Shared living and use of living space;
4. First line inheritance.
5. Protection.
6. Expressing your own opinion.

If the parents are included in the birth certificate, the child automatically becomes the heir of both parties, as well as other relatives. But it is better to avoid a situation where paternity was not registered at the right time.

Then, if the father refuses to help the child financially, the mother will have to file an application with the court and collect all the necessary evidence.

Only subject to the official registration of their relationship, spouses receive guaranteed protection of their property rights.

Unregistered relationships, regardless of whether there are children or not, are not marriage in the legal sense and do not give rise to legal consequences.

Arbitrage practice

In 2023, judicial practice in such cases is guided by the following principles:

1. The fact of cohabitation itself will not become a valid basis for division in court.
2. Maintaining a common household does not give rise to legal consequences.
3. The presence of these circumstances will allow us to conclude that the rules relating to common shared property can be applied to property acquired during a civil marriage.
4. During the division process, the share of each person must be determined. In such cases, it is quite difficult to determine who and in what amounts invested in the acquisition of common property. To solve the problem, the courts apply Part 1 of Article 245 of the Civil Code of the Russian Federation, which provides for division into equal shares if the shares are not established by agreement of the parties and cannot be determined on the basis of law.

Thus, in order to sue property during a civil marriage, it is necessary to draw up a statement of claim, indicating:

1. All factual circumstances - describe in detail the facts of the purchase of expensive things or real estate.
2. Documents confirming the acquisition of property.
3. Witnesses who can confirm the fact of living together, maintaining a common household, and making large purchases.
4. The specific property that the applicant is claiming and document its value.
5. It is imperative to indicate that the disputed property is common, as it was purchased with the money of both parties for joint use.

Based on the norms of civil law, it is possible to recognize property in a civil marriage as common and achieve a fair division.

But participants in a civil marriage cannot enjoy rights similar to those of legal spouses. Therefore, when the relationship breaks down, they will have to prove their rights to the acquired property.

Video: Division of property during a civil divorce

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Division of property in a civil marriage according to the law: in detail

Division of property in a civil marriage: 2 types of division + 4 rules to remember + 7 types of property that can be divided + 5 types of property that cannot be divided + 8 contracts that can be concluded in a civil marriage to protect your property rights.

• The times when civil marriage was contemptuously called cohabitation and claimed that it had nothing to do with legal disputes are long gone.
• Today, common-law spouses living under the same roof and running a joint household have practically the same rights and obligations as a couple who once registered their relationship in the registry office.
• The division of property in a civil marriage is a more complex dispute than in a traditional divorce, but still quite solvable.
• If you act wisely and collect all the evidence necessary for the court, you can easily defend your rights.

Civil marriage: division of property and other legal disputes during separation

To understand how property is divided in unregistered relationships, you need to know what a civil marriage is and what rights and responsibilities both spouses have who live without officially registering their relationship.

1) What is a civil marriage?

It’s worth mentioning right away that the term “civil marriage” itself is used erroneously, because, according to the dictionary, a civil marriage is one that is registered in the registry office as opposed to a church union.

The relationship between two adults who have decided to live together and run a household together, without putting a stamp in their passport, is better called a “de facto marital relationship.” But in the article I will use the more traditional formulation “civil marriage”.

In Russia, property relations between two people are regulated by the Civil Code, or more precisely, by its 252nd article.

In Ukraine, it is generally accepted that a man and woman living together and having family relationships are a family, regardless of whether they formalized their union or not. Therefore, the division of property during separation is regulated by Article 74 of the Family Code. Similar rules came into force in Ukraine back in 2004.

2) How to prove the existence of a civil marriage and jointly acquired property that is to be divided?

The law states that the division of property between spouses who were in a civil marriage must be carried out on a contractual basis.

Quite often, a husband and wife who were in an unregistered relationship do exactly this: they share according to their conscience what they managed to accumulate during their union.

But they agree to a settlement not only because they are satisfied with the division of all property, but also because they do not know their rights. It seems to citizens (especially the female half) that it will be difficult to prove the very fact of a civil marriage.

This is where the mistake lies, because a civil marriage can be proven using:

• joint photos and videos;
• testimony of witnesses: friends, neighbors;
• bank statements, for example, spouses took turns paying utility bills for an apartment;
• receipts confirming joint purchases;
• stories about everyday life, etc.

But remember that if you prove the existence of a civil marriage, then you will also have to provide strong evidence that the belongings that you share were purchased during the period of your union.

Division of property in a civil marriage: what to do to avoid losing money?

A fair division of jointly acquired property in a civil union largely depends on whether each spouse has taken care of the evidence that will confirm his property claims.

Well, of course, you can’t do without qualified legal assistance.

1. Rules for the division of property in a civil marriage

There are several rules for dividing property in a civil marriage that you need to remember:

1. Even long-term cohabitation does not have the legal force that a stamp in a passport has.

   You can live with your loved one, which is called “on faith,” but during this time it is advisable either not to make expensive purchases, or to save all receipts, receipts, etc.

   Better yet, draw up contracts to avoid mutual claims.

2. Even if your civil union was completely identical to the official marriage, only without a stamp, all property disputes in court will still be governed by civil law (this applies to Russia).

   The basis for the judge conducting the case will be this document:

3. Proven cohabitation is a good reason for a judge to divide property acquired during cohabitation.

   Everything that you acquired together is considered common, which means it is subject to division.

4. Words alone are not enough for the court; evidence is needed.

   The most difficult thing in court is to prove that common money was invested in the purchase of this or that thing, that you ran a joint household, etc.

   If your significant other turned out to be more cunning and managed to document the property as personal, then after breaking up you may be left with nothing.

2. Which property acquired in a civil marriage is subject to division and which is not?

Actually, any wealth acquired in an unofficial marriage is subject to division, with some exceptions. The main thing is to prove that you have a relationship with the property you are claiming.

After the dissolution of a civil marriage, you can divide:

1. Any expensive item, except those intended for individual use.
2. Winning a lottery, fee, grant, etc.
3. Real estate.
4. Land plot.
5. Automobile.
6. Income received during cohabitation: scholarship, pension, etc.
7. Work equipment, such as power tools, office equipment, musical instruments, etc.

Naturally, all of the above is subject to division only if it was acquired while you were living in a civil union with your significant other.

Property not subject to division:

1. Acquired by one of the spouses before your cohabitation began as unofficial spouses.
2. Purchased with personal funds with the availability of appropriate evidence, for example, a loan was issued and it was repaid by transfers from your salary card.
3. Personal items: underwear, medical equipment (wheelchair, hearing aid), jewelry, etc.
4. Received as a result of a will or deed of gift.
5. What was purchased after the spouses stopped living together, but before the filing of the claim.

As you can see, in any case, it is very important to save checks, receipts, contracts, bank statements, etc., which can serve as evidence in court.

2 options for dividing property in a civil marriage

Despite the fact that the division of wealth acquired in an unofficial marriage is regulated at the legislative level, it can be extremely difficult for a court to resolve a dispute in a way that suits both parties, especially if there is no hard evidence.

This is why it is so important to try to resolve things directly without legal intervention. If this was not possible, then two scenarios are possible:

1. Section according to the share of invested funds.

   This is ideal because everyone gets back what they put in. Alas, a division can be carried out in this way only if there is documentary evidence of the amount of investment of each party.

   For example, you and your common-law husband bought an apartment. You gave 75% because before that you sold your grandmother’s inheritance, he gave 25% from personal savings.

   An agreement was drawn up in which all this was documented. In the event of a “divorce”, your common-law spouse will only be able to claim 25% of the property.

   If you pay him the investment amount, the housing will be yours.

2. 1. Divide in half.
   2. If it is impossible to prove who gave and how much to purchase a particular item in dispute, then everything is divided in half.
   3. Since few people are in the habit of keeping evidence of their investments, this is how most property disputes are resolved in a divorce, whether formal or informal.

Civil marriage: division of property legally

• Of course, the easiest way is to agree amicably with your common-law spouse to make an honest division of jointly acquired property.
• If you can do this, then save money, nerves and a good attitude towards each other.
• If it was not possible to reach an agreement, you need to go to court so that it decides the fate of the property, the division of which you cannot carry out on your own.

You have 3 years after separation to resolve property claims.

Since it is not easy to prove exactly when you decided to separate without divorce documents, this period may be automatically extended.

If you are going to sue your common-law husband/wife over property, then you cannot do without legal assistance.

Property disputes are a complex process, even if the relationship has been registered, but if there is no stamp in the passport, you will have to face a number of difficulties that only a qualified lawyer can overcome.

A lawyer will help you write a statement of claim, collect the required package of documents and a number of evidence. He will represent your interests in court so that the decision is made in your favor.

The statement of claim is drawn up approximately according to this sample, only without data on registration and divorce:

Evidence that will help to carry out an honest division of property in a civil marriage:

• checks and receipts;
• witness statements;
• loan agreements concluded with the bank;
• bank statements;
• tourist packages;
• air and other types of tickets;
• photo, video materials, etc.

Regardless of which side the court takes in matters of division of acquired property, you will have to pay a state fee. It is paid by the one who files the claim, so you must first evaluate the property about which the litigation will be conducted.

The amount of state duty as of 2017 may vary:

1. Legal and everyday understanding of civil marriage.
2. Is it possible to divide property in a civil marriage? Legal consultation:

If you live in a civil marriage, it is better to think in advance about how the division of property will occur

No matter how sad it may sound, when deciding on a civil union and joint housekeeping without a stamp in your passport, you should think in advance about how the division of all property will take place when you separate.

Now it seems that you will always be together, and if suddenly you have to part, you will be able to decide everything as adults, fairly. In reality, everything happens differently.

Behind her back, Julia was contemptuously called a “homewrecker” because she took her husband away from his legal wife.

When a man needed money to buy a truck for work, Yulia without hesitation sold her father’s dacha and gave him the entire amount.

No one entered into any agreement regarding the transfer of money. The car was registered to Victor.

And a year after this purchase, Yulia and Victor broke up.

It turned out that the woman had no rights to this truck. Moreover, this property is considered jointly acquired for Victor and his legal wife.

• Of course, it would be possible to sue, collect evidence that Victor lived with Yulia, and not with his legal wife at the time of purchasing the truck, but not a single lawyer gave a 100% guarantee of winning, and Yulia simply had to come to terms with the situation.
• To protect yourself in civil relations, you need to enter into contracts, which will become the main evidence in court.
• Examples of contracts:

1.	on the procedure for using property that belongs to them by right of common joint ownership
2.	on the division of property, which is the object of the right of common joint ownership
3.	on the allocation in kind of part of the property that is in common joint ownership
4.	about providing content
5.	on termination of the right to maintenance by agreement of the spouses
6.	on the amount and payment of child support
7.	on termination of the right to child support in connection with the transfer of ownership of real estate
8.	on living together and running a joint household

If you formalize all your transactions by concluding contracts, then the division of property in a civil marriage will pass quickly and painlessly for both.

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Division of property in a civil marriage between spouses

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Living together without officially registering a relationship now won’t surprise anyone. For everyone, such a situation can have its positive and negative sides. The main problem that spouses may encounter is the division of property in a civil marriage.

What is a civil marriage

According to international law, a civil marriage is considered to be a family union that was registered by government agencies without the participation of the church. In Russia, such structures include registry offices.

In common parlance, a civil marriage is usually called the cohabitation of a man and a woman who have not registered their relationship, but live in the same territory and run a joint household.

The Family Code does not regulate this type of relationship in any way. A marriage registered in the registry office in accordance with all the rules is recognized as civil.

This procedure primarily affects the property insecurity of the parties. The fact of cohabitation does not give the right to claim jointly acquired property.

Further in the article, cohabitation without proper registration will be referred to as civil marriage.

Changes in the law

In 2018, a bill was submitted to the State Duma for discussion, which, if adopted, would equalize between persons living in an official and civil marriage. But the Committee on Family and Motherhood Affairs did not support the innovation, and the new law was rejected. At the moment, all property disputes between cohabitants are resolved based on Art. 254 of the Civil Code of the Russian Federation and Art. 38 RF IC.

Property acquired in a civil marriage

And although officially property acquired in a civil marriage in 2023 is not equal to property acquired jointly in an official marriage, there are ways to resolve this issue. The process of resolving controversial issues will simply be based on laws that regulate property relations between strangers.

All material assets that are in the possession of common-law spouses can fall into two categories of property:

• separate;
• joint share.

Let's look at both types in more detail.

Separate property of cohabitants

Property in a common-law marriage usually falls under the category of separate property. According to the Civil Code of the Russian Federation, this means that it will belong to the person for whom it is registered.

If during division in court the question arises of the need to make a decision on the transfer of one or another material value, then the presence of the following facts will be taken into account as evidence:

• witness statements;
• payment documents for the purchase, indicating the date of purchase, names of owners, etc.;
• certificates of inheritance.

If the necessary papers are not completed properly, then subsequently it will be difficult to prove the fact of involvement in the acquisition of any item. Then the court decision will depend on many related factors.

How to divide property acquired in a civil marriage between cohabitants.

Shared ownership

To avoid misunderstandings when dividing property acquired in a civil marriage, the parties can draw up an agreement on common shared ownership. We are primarily talking about real estate. According to this document, property can be divided between persons in strictly established shares.

A sample agreement on determining shares in shared ownership can be downloaded on our website.

It is advisable to draw up this document separately for each object.

How to recognize property as common

If the question of recognizing property acquired in a civil marriage as common property had arisen 10 years ago, the answer would have been unequivocal - it is not feasible. At present, there are enough similar precedents. It should be noted that the property will be recognized only as shared property.

To make such a decision, the parties must go to court, where they will need to prove the presence of the following factors:

1. The existence of a long-term serious relationship that was perceived by others as a family.
2. Maintaining a joint household and having a common family budget. As evidence, documents will be accepted here that confirm that the property registered in the name of one of the spouses was purchased using the money of the other party (a receipt for receipt of finance or a check with a non-cash payment by card).
3. The presence of property that both parties recognized as common. Here, the evidence will be bank loans, for which the second party acts as a guarantor or provides his personal property as collateral to obtain a loan.
4. Funds for the purchase of the disputed property were provided by both parties.

Should property be divided if the marriage is not registered? If you approach the issue correctly and keep the main payment receipts, checks, etc. during your life together, then there is a real chance to get recognition through the court that property acquired in a civil marriage is common property.

Is property acquired in a civil marriage divided?

If common-law spouses cannot come to a common agreement regarding the division of property, then they have only one option left - to file a claim in court.

An example of a sample claim for recognition of shared ownership and allocation of a share can be downloaded for review.

The decision made will depend on the quality of the evidence presented. Therefore, before going to court, you need to collect the maximum number of documents that can testify in favor of the plaintiff’s case.

How to divide property in a civil marriage

So, the civil marriage breaks up, and the spouses cannot agree on jointly acquired property. One of the parties draws up a claim and files it in court.

If a professional lawyer is not involved in the writing, then the plaintiff himself must indicate that, at his request, non-joint property should be divided, because by law it is not considered as such.

The claim is drawn up not according to the rules of the RF IC, but according to the norms of the Civil Code of the Russian Federation. There are two types of these:

• claim for recognition of ownership of a share in property;
• claim of unjust enrichment.

Before filing a claim, we recommend that you consult with a lawyer who specializes in such cases.

To collect a good evidence base and correctly prioritize the future process. In this case, the judge will be able to form an objective picture of the parties involved.

Claim for recognition of ownership of property

As a rule, property acquired in a civil marriage, due to the inexperience of the parties or their trust in each other, is registered only in the name of one person. But at the same time, funds that were earned by the other party are used for the purchase.

To achieve the division of such property, the other party files a claim in court indicating the following information:

• how and with whose funds the purchase process was carried out;
• what does the plaintiff see as an infringement of his property rights;
• What evidence does he have to confirm the right to the acquired property?

The application is submitted to a court of general jurisdiction. Such cases are subject to the standard statute of limitations under the Civil Code of the Russian Federation, which is 3 years.

The countdown begins from the moment the plaintiff learned of the violation of his rights.

Claim for recovery of unjust enrichment

If a party cannot prove its right to property acquired in a civil marriage, then it is worth trying to return the personal savings spent on its purchase. To do this, you should present to the court a receipt for the money or checks, which show that the money went from the wife’s personal account to pay for property registered, for example, in the name of the husband.

Division of property in the presence of children

The presence of joint children does not directly affect the process of dividing property. We should start with the fact that children born in a civil marriage must be recognized by their father. If this does not happen, then the fact of paternity will again have to be proven in court.

If there are children, the division of property after a civil marriage in 2023 is carried out according to the standard scheme. That is, if the second party is able to provide evidence of the fact that it invested personal funds in the purchase, then the property can be divided into shares or the plaintiff will be paid monetary compensation.

How is property divided in a civil marriage if there are children?

In some cases, the court may oblige the parent who owns the apartment to grant his child the right to live in it, and his mother along with him. But this is only provided that the child is recognized by the father in compliance with legal norms and his mother does not have her own satisfactory housing into which they could move after the end of the marriage.

Credit and financial circumstances section

Items acquired with borrowed funds in a civil marriage are not considered jointly acquired property. The person for whom it was issued must be responsible for the loan. Except in cases where the other party provides documentary evidence that it participated in the payment of the loan debt.

Legal exceptions are provided only in the following situations:

1. The loan was issued during the existence of a civil marriage, and payments were made after the couple entered into an official marriage. In such a scenario, one of the parties can count on monetary compensation.
2. The loan of one of the spouses was repaid using a loan issued to the second spouse.

When dividing any loan, it is important to provide evidence that the funds received under it went to the joint needs of the spouses. Otherwise, all responsibility for the loan lies solely with the person in whose name it was issued.

Can an apartment be subject to division?

Residential property purchased during the existence of a civil marriage can be divided in only two cases in 2023. The first assumes that the spouses have drawn up an agreement on the division of shares. Then the court will focus on him.

The second provides that one of the parties will be able to provide documentary evidence of the fact that her personal savings were used for the purchase. This could be a receipt for receiving money or a check for transferring funds from an account.

The presence of children does not affect the division of the apartment. It is also worth considering the fact that maternity capital is prohibited from investing in the purchase of real estate if the parents are not officially married.

Arbitrage practice

The nature of decisions in court cases related to the division of property of common-law spouses has changed significantly over the past 5 years.

Currently, the percentage of lawsuits after which the property of the spouses was divided into shares has increased significantly. But this is only possible if there is a good evidence base.

Without being officially husband and wife, you should not count on significant protection of your material interests. Although both parties can use property in a civil marriage, the property right to it is assigned only to one person, with the exception of a number of cases.

How is property divided in a civil marriage?

Civil marriage is a voluntary union of a woman and a man, which involves running a joint household, living in the same territory and having intimate relationships. This type of relationship does not have official registration, as a result of which the “spouses” do not bear any legal obligations to each other.

At first glance, civil marriage is a very convenient form of relationship. But, from the legal side, unofficial cohabitation entails a number of possible problems regarding the regulation of property relations of the parties.

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Features of the division of property in a civil marriage

Property relations of cohabitants are regulated not by family law, as in an official marriage, but by civil law. That is, common property acquired in a civil marriage during the period of cohabitation is subject to the regime of common shared ownership .

Thus, upon termination of a civil marriage, the property will go to the spouse who is the official owner. That is, if the wife did not work, but was engaged in housekeeping, and the apartment, car and other property are registered in the name of the husband, he will receive all the property.

The exception is cases when it is possible to prove that the spouse, who is not the owner of this or that property, invested his own funds in its acquisition.

The situation of inheritance in the event of the death of one of the spouses is very relevant. In this case, the second spouse will not be an heir by law, since family legal ties have not been officially registered.

The legislation of the Russian Federation does not provide for the provision of legal guarantees to common-law spouses. Thus, the regulation of their property relations is based on mutual personal agreements, which is not a sufficiently reliable guarantee of a fair division of property in the event of a break in the union.

Methods for dividing property acquired in a civil marriage

The fate of common property acquired by cohabitants in a civil marriage is determined in accordance with the norms of civil law. In such an unofficial divorce, each party will have to prove that there was a fact of investing their own funds in the acquisition of this or that property, if it is registered in the name of one of the spouses.

Article No. 34 of the RF IC states that common property, acquired or not (it doesn’t matter) in a civil marriage, is common shared property. This is the shared participation of subjects of civil legal relations (men and women, men and men, women and women) in the acquisition of rights to a certain type of property.

The owner does not need permission from the co-owner to dispose of his own property. If there are no relations between the co-owners regulated by family law, then legally these are outsiders. Such persons have a pre-emptive right to purchase a share (Art.

250 of the Civil Code of the Russian Federation), but permission or consent from them is not required.

In what ways can common property be divided?

• Conclude an agreement between common-law spouses regarding the division of common property and determining the shares of each party. This method is the most civilized, but it is acceptable only in the case of normal relations between the parties and their ability to negotiate with each other.
• Submit an application from a participant in common shared ownership (spouse) to determine the procedure for using the property in the absence of mutual agreement between the parties. This method is regulated by paragraph 37 of the Resolution of the Plenum of July 1, 1996 and is necessary if it is impossible to divide property or separate the share of one of the parties from it.

Difficulties that may arise during division

When dividing property acquired by spouses in a civil marriage, the following difficulties are possible:

1. The need to prove and determine the moment in time when the right to common property of the spouses arose, the right of each spouse to acquire this property, the purpose of the acquisition and other factors necessary for recognizing the rights of the spouse/spouses to property.
2. Proving the rights of a common-law spouse to joint property in the event of the death of a cohabitant, if there is no official confirmation of the investment of the former’s own funds in the acquisition of this property.
3. In fact, shared ownership arises in a civil marriage only if both parties contribute a certain share of funds to the acquisition of property, coupled with a formal agreement on the creation of shared ownership.
4. The unacceptability of an oral form of agreement when determining the procedure for disposing of common property. The fact of making and the amount of investment in the acquisition of property must be indicated in writing, in order to have evidence in case of litigation.

When going to court for the division of property acquired in a civil marriage, it is necessary, in addition to the statement of claim, to provide evidence confirming the following facts:

• Living together for a certain amount of time.
• Joint management of a common household.
• No division in the use of joint property.
• Joint acquisition of disputed property, while it must be clearly proven how much money was invested by each of the cohabitants.

• The evidence base must be sufficiently convincing and as large as possible.
• Evidence in court may include witness statements, checks and receipts for the acquisition of property, confirmation of the income of each cohabitant during the civil marriage.
• Summarize.

A civil marriage is, in fact, an ordinary cohabitation that does not fully protect the property rights of the spouses. Therefore, it is necessary to take care in advance about the interests of each party and the fate of the property in the event of a breakup.

1. A civil marriage does not give its participants any rights similar to the rights of spouses in an official marriage, and the disposal of property depends on the moral and ethical agreements of the cohabitants, which cannot be a sufficient guarantee that gives confidence that in the event of a breakup, their participants will not be left with the broken one. trough
2. Therefore, to protect property rights, it is worth considering either entering into an official marriage, or a notarized agreement of the parties on the subject of participation in shared ownership.
3. Comment from our portal’s lawyer on this article:

It would be correct from a legal point of view to call such citizens cohabitants rather than spouses.

A significant part of the population is legally illiterate, and the mention of the word “spouses” in the text on a subconscious level shapes the perception of relations regulated by the RF IC.

The author of the article, talking about SPOUSES, partially tries to “apply” the norms of the RF IC and the provisions of the Resolutions of the Plenums of the RF Armed Forces concerning family relations to the property rights of actual strangers. This is not entirely correct.

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Division of property in a civil marriage 2023

Divorce and division of jointly acquired property. There is no way back, all bridges are burned.

• Unfortunately, tens and hundreds of thousands of married couples come to this decision every year.
• The divorce statistics in our country are disappointing, the number of divorces is rising every year, and in some regions their number is simply shocking.
• Spouses who have not acquired any children or property in their marriage can calmly formalize the breakup of the relationship at the registry office.
• But most divorcing couples still gain both in marriage, as a result of which family disputes often arise between spouses, both property and non-property, for example, about children (here you can learn in detail about determining the order of communication with a child).
• Property disputes between spouses include disputes about the distribution of jointly acquired property between them.
• The law classifies as joint property of spouses both any movable and immovable property, as well as the income of each spouse, their common values, and even income from the use of the result of intellectual activity (not to be confused with copyrights; authorship itself is the personal right of the spouse), that is, everything , except for personal items and property received as a gift, by inheritance, or through privatization by one of the spouses.
• You can learn more about personal and joint property of spouses by reading our article joint property of spouses.

But, as you know, only the property that the spouses acquired during the marriage is subject to division between spouses, i.e. after the official wedding at the registry office.

Got a property dispute? Contact our lawyers and get an assessment of your chances in court. Tel.+7 (812) 989-47-47 Telephone consultation

Civil marriage and division of property

The main question arises - how property is divided if a man and woman acquired it together, through the investment of each person’s personal funds during a civil marriage. And in general, is it possible to divide property acquired in a civil marriage?

Indeed, many couples cohabit for years without registering their relationship in the registry office, and during the period of this very “civil marriage” people also acquire apartments, cars and other property, in the acquisition of which the money of both partners is invested.

Very often, property (both movable and immovable) is registered in the name of one of the cohabitants by agreement between them. Although, with a rational and reasonable approach, property must be distributed among such partners in shares proportionate to the investment of each, that is, fairly.

1. What is a “civil marriage” according to the family code?
2. It is noteworthy that the term “civil marriage” is in common use among many people, while most people mechanically equate such relationships with official marriage, mistakenly believing that if there was an actual marriage relationship, during which people acquired children and property, ran a common household, pooled their budgets, then these relationships can be regarded as a kind of marriage union with the application of family law norms to it.
3. However, as already noted, this is a very common but erroneous opinion .

Family legislation of the Russian Federation recognizes only marriages concluded in the civil registration authorities (Part 2 of Article 1 of the Family Code of the Russian Federation), from which the logical content of Part 2 of Art. 10 of the Family Code of the Russian Federation states that the immediate rights and obligations of spouses arise only from the moment of state registration of marriage.

• Consequently, the establishment of actual marital relations without their state registration is impossible, as is the emergence of the rights and obligations of spouses among cohabitants who have not registered their marriage in the prescribed manner.
• Any attempts by cohabitants to prove in court the existence of an actual marital relationship are meaningless, since the mere establishment of the fact of cohabitation of unmarried persons will not indicate that the cohabitants have acquired (formed) common property.
• In other words, the fact of cohabitation in this case will not have legal and legal significance for resolving a property dispute that has arisen between cohabitants.

Conclusion: It is impossible to equate cohabitation without marriage registration with a marriage concluded in accordance with the procedure established by law. Of course, under such circumstances there can be no question of applying the norms of family law to the legal relations of cohabitants.

So what do we have?

Is property acquired in a civil marriage divided??

Property acquired by the so-called “common-law spouses” during the period of their actual cohabitation without registering the marriage in the registry office is not subject to division between them in accordance with the norms of the Family Code of the Russian Federation.

Whichever of the common-law “spouses” has the registered ownership of the relevant property or part of the property is the owner. As we have already said, the regime of common property of spouses does not apply to persons living in a civil marriage.

But this does not mean that you cannot protect your property rights.

Consultation with a lawyer on the division of property. Tel.+7 (812) 989-47-47 Telephone consultation

How to divide property acquired in a civil marriage

We have already found out that the legislation of the Russian Federation does not contain such a concept as division of property acquired in a civil marriage .

Any property legal relations of actual cohabitants, as well as property disputes between them, including in the event of the breakdown of such relationships, are regulated and subject to resolution exclusively within the framework of the norms of the Civil Code of the Russian Federation , but in no case under family law.

The legal regulation of the legal relations of former spouses who continued de facto cohabitation after the official dissolution of the marriage will be similar, that is, when the former spouses continue to live together and run a common household.

Relations between ex-spouses are also not regulated by the norms of the Family Code of the Russian Federation, and the property acquired by them during such a period will also not be considered their joint property.

Any property disputes between spouses after the dissolution of their marriage in the registry office will be subject to resolution in accordance with the general norms of civil legislation of the Russian Federation.

What claim to file for division of property acquired in a civil marriage?

1. Protection of the violated right in the case under consideration will be carried out by filing a claim in court for recognition of the right of ownership of a share in the right of ownership of property on the legal basis of the corresponding norm of the Civil Code of the Russian Federation, and not a claim for the division of joint property of the spouses in accordance with Chapter 7 of the Family Code of the Russian Federation.
2. The subject of proof will be important in such a case.
3. Courts, as a rule, proceed from the fact that the plaintiff must prove the existence of a number of circumstances that will be significant for resolving the dispute.
4. Based on the established practice of the courts, the following legally significant circumstances are subject to in addition to cohabitation, running a common household and joint use of property

• The existence of an agreement between the parties to create common ownership of the acquired movable and/or immovable property.
• The plaintiff’s investment of his personal funds in the acquisition of the disputed property.

Only if these circumstances are proven will the court have grounds to classify the relevant property as the common shared property of the cohabitants.

As for proving the deposit of personal funds, the availability of written evidence (receipts, agreements, receipts, checks, etc.) is fundamentally important here.

Although the range of evidence in such a case is not limited by law, and it can be both written evidence and witness testimony, however, witness testimony alone in the complete absence of other written sources of evidence will not be enough, since the transfer of funds by witness testimony alone . This directly follows from the content of Part 1 of Article 162 of the Civil Code of the Russian Federation: “Failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms, but does not deprive them of the right to provide written and other evidence.”

Thus, if the acquisition of property and the contribution of personal funds of both parties to the purchase was not accompanied by the execution of appropriate documents (for example, written receipts for the transfer of funds, receipts, checks and other documents confirming payment for the property), it will be problematic to prove this fact.

Also, the protection of the violated right of the plaintiff in the cases under consideration can be carried out by filing a claim to recover from the defendant the amount of unjust enrichment. Of course, such a claim can be satisfied by the court if the necessary evidence of unjust enrichment is presented.

You can also familiarize yourself with the procedure for filing a claim in court and the jurisdiction of civil cases.

If a property dispute arises regarding property acquired in a civil marriage, contacting a professional lawyer will certainly increase your chances in court. Lawyers and attorneys at the PetroYurist legal center have extensive experience in handling property disputes of various types, including between common-law “spouses.”

Consultation with a lawyer in civil cases. Tel.+7 (812) 989-47-47 Telephone consultation

How to properly register jointly acquired property in a civil marriage

• Of course, formalizing the relationship between a man and a woman eliminates the problems associated with proving the joint acquisition of property.
• Spouses who are officially married may not register property as shared ownership, since, by virtue of Article 34 of the Family Code of the Russian Federation, they own it jointly, this is the legal regime of the property of the spouses, that is, the regime of their joint ownership.
• At the same time, property acquired by cohabitants is subject to the separate property regime.

In order to avoid problems with the division of property in actual cohabitation without formal marriage, the issue of distribution of property between cohabitants needs to be resolved “onshore”, that is, before acquisition. And this is the most reasonable place to start.

Accordingly, the ownership of property acquired at the expense of the personal funds of both cohabitants must be formalized in shares for each in proportion to the investment. Only in this case will any property disputes between cohabitants in the future be excluded, and if the relationship breaks down, everyone will be left with their share of the property.

Of course, if only one of the cohabiting partners invests money in housing, a car and other acquisitions, it will be quite logical that property rights to such objects will be registered only in his name.

If both partners invest their money (and in the case of cohabitation, these are the personal funds of each), then the registration of property rights must be carried out taking into account the interests of both.

Please note: Cohabitants' shared ownership of jointly acquired property must be formalized in accordance with the procedure established by law .

You should not rely on the word of honor of one of the partners when registering all the property in his name.

After all, when a relationship breaks down, all promises and agreements lose all force, and property interests are at the forefront of everything.

For example, an apartment purchase and sale agreement must be concluded simultaneously with two buyers, despite the fact that the subject of the agreement will be one apartment. That is, both cohabitants must appear in it as buyers, and the purchase and sale agreement itself must contain information about the size of the shares in ownership passing to each of the buyers.

A personal consultation with a lawyer directly related to your situation will help you determine the prospects for your case in court based on the existing circumstances.