Can a spouse claim a share in an apartment purchased before marriage, but at the time of cohabitation? The owner is the spouse. Can a spouse immediately discharge her husband after a divorce? I don’t know

Basic terms

According to a survey conducted among adult citizens of Russia, it was revealed that 50% of modern youth (18-25 years old) do not plan to officially register a relationship. A couple can live together, run a joint household, and even have children together. Without painting in the registry office.

This threatening trend forced deputies to take the initiative. Perhaps there will be special amendments to the legislation that can equate a civil marriage with a real one, i.e. registered. True, it is unclear how much this will help citizens, because the new status will attract additional responsibility, which is avoided by people living together without registration. Interestingly, the legal definition of GB and its understanding by ordinary people are radically different.

Civil marriage (CC) - at the legislative level, this is a relationship registered in the registry office. The concept arose in the 19th century and has remained relevant. According to the encyclopedia, the GB union is the registration of a relationship without a wedding. In practice, people have modified the definition of the phrase, equating it with cohabitation.

It turns out that a woman constantly lives with a man; she is a common-law wife, and he, accordingly, is a common-law husband. Moreover, this is not documented anywhere ; the couple does not have a marriage certificate. Wearing rings is optional. They may be worn as a symbol of union, they may not.

Such relationships are completely legal. Adults have the right to meet and live together, run a household, and even have children together. Such families are very common, but there are still insufficient legal norms in the legislation that can regulate GB. It is believed that citizens do this in an effort to avoid the responsibility imposed by a registered marriage. For example, division of property, recognition of children.

Please tell me what it means for spouses to run a joint household from a legal point of view

The registry office has been registered since 2009. The surname was changed to the married name. Registered together at the same address. Until 2021 they lived together, ran a joint household, died on September 26, 2017. A year after her death, the ex-wife filed a claim for the invalidity of our marriage, allegedly in connection with the dissolution of a previous marriage. Before our marriage, she had not lived with her husband for 2 years. How to prove that our marriage is valid.

Running a joint household means jointly fulfilling mutual obligations to manage a common household for the purpose of living together, making joint improvements in the apartment (buying furniture, repairs), etc. including incurring property costs, utility bills, taxes, etc.

Division of property in a civil marriage

It’s worth figuring out in advance how this will happen. When a couple breaks up, the division of everything they have acquired together inexorably follows. Especially real estate. Legal spouses are considered co-owners; upon divorce, their property is divided in half (Article 34 of the RF IC) .

The division of property carried out upon the breakdown of a civil marriage (cohabitation) is regulated not by the family code, but by the civil code. According to which the property of persons will be considered as shared or joint.

Looking at how citizens participated in real estate acquisition transactions. Spouses will have to prove the extent of their participation and contributions they made to own the property. If the parties' disputes continue, the court may use the common ownership regime, i.e. divide objects equally.

Joint farming is

But we cannot exclude the possibility that this claim will be filed by the spouse, in the same case or in a separate claim. In any case, the problem with the apartment needs to be resolved, since it was purchased during the marriage. Good evening, Andrey. There is a chance to save the apartment. You need to file for divorce and indicate that the marriage actually ended 15 years ago and provide a lot of evidence of living with other partners, traveling to different cities, lack of a common budget and common household, confirm the origin of the money and apartment.

It is important to ensure that the testimony in this part is reflected in the minutes of the court hearing. What to do when dividing property if our daughter lives with us and runs a common household with us. He has lived with us since birth. Property acquired by spouses during marriage is their joint property. Spouses can divide jointly acquired property equally. We have been living in a civil marriage for more than seven years, we are running a joint household, moreover, I am registered in the same territory as my common-law spouse, retaining the right to use the apartment and live.

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Is it possible to prove the fact of residence?

Proceedings take place through the court, where the interested party has the right to appeal.

The reasons are different:

• division of jointly acquired property;
• protecting the interests of the common child;
• fulfillment of financial obligations.

Fathers must recognize children born in GB separately, confirming their status in the registry office. Many refuse to do this, and mothers, on the contrary, benefit from the “single mother” status, which implies financial support from the state. When separating, when the former cohabitant does not want to be responsible for the common child, the mother must prove the fact of relationship through the court. DNA analysis will help. True, the plaintiff needs to pay for it, i.e. woman. However, if the result is positive, the invoice can be presented to the defendant. Along with the requirement to pay alimony.

Sharing household appliances and other items is more difficult. However, their cost is also low. “Spoons and forks” ordinary pairs will be divided in half. Everyone first takes the things acquired before the union. Then they look at the belongings. It is unlikely that a man will want to take a woman’s bag, or a woman – a tie. If there is no trust in the family, it is better to keep receipts when making purchases. It shows the cost of things and the date of their purchase. It is better to pay by card, which will simplify the proof of financial investments for citizens.

Loans, debts. It happens that a man first persuades his girlfriend to take on a loan, promising to repay it together. The partner subsequently disappears, leaving the woman alone with her debt. The opposite situations also happen. Girls “spin” mature men with money, asking for expensive gifts. Then they disappear. It is better to apply for joint loans, indicating the details of both. Then, upon separation, everyone will be left with their share of the financial obligations.

Violations of the law. When one partner is a suspect or witness to a crime, the other partner will definitely be interrogated. The police will investigate the extent of his participation and interest. The legal spouse has the right to refuse to give any testimony.

It is possible to prove the existence of a civil marriage. The task can be simplified by the actions of partners during their relationship. And the duration of the union.

How to prove the fact of separation

According to the law, every person is free to choose their place of residence. Even in accordance with the Family Code of the Russian Federation, cohabitation is not mandatory for spouses. But if separation is associated with the termination of family relations, it is given legal significance. In this case, the court may recognize the property acquired by each of the spouses during the period of their separation as the property of each of them. But more complex situations also occur. Let’s imagine that the spouses entered into one of the following agreements during their marriage:

• agreement for the purchase and sale of an apartment with payment in installments;
• agreement on shared participation in construction:
• housing cooperative agreement;
• or purchased an apartment using mortgage loan funds.

After this, the couple decided to separate. One of the spouses moved to another place of residence and, perhaps, even actually created a new family. But the spouses did not formalize the divorce. Now imagine that after the spouses have separated, the cost of the apartment has not yet been paid. That is, all contributions for the DDU have not been made, the share in the housing cooperative has not been paid, the mortgage loan has not been repaid.

If in this case the funds were contributed by only one of the spouses, it is considered that they were contributed from his own funds. In this case, when dividing property, such a spouse should be awarded a larger share. Property acquired in full by one of the spouses during the period of separation must be recognized as his personal individual property.

But in each of the situations described, the interested spouse must prove that the separation was not a temporary phenomenon. Separate living must clearly indicate the breakdown of the family. It is also necessary to accurately establish the moment of termination of family relations. In the absence of adequate evidence of family breakdown, the court will proceed from the fact that property acquired during the period of separation is still subject to the regime of common joint property.

Evidence of separation may include the following:

• Registration at place of residence. If, after you separated from your spouse, you registered at a new place of residence in accordance with the law, this will be strong evidence of separation in court.
• Independent vacation trips. Save tickets and travel vouchers if during the period of separation you went on vacation or, for example, to visit relatives without your spouse.
• Witness's testimonies. Ask neighbors, relatives or close friends who are constantly nearby to confirm to the court that you are living separately from your spouse. Witnesses can confirm that you spend holidays without him, for example, New Year or a child’s birthday.
• The actual creation of a new family. Show photos and videos of you spending time with your new family.
• Separate leisure activities. Provide the court with evidence that you now separately visit places that you previously visited together - a gym, a swimming pool, a theater, etc.
• Lack of joint farming. This is the main thing that needs to be proven and what all the above evidence is used for. Property acquired during the period of separation will remain your individual property only if you prove that during this period you and your second spouse had a separate budget and you provided for yourself.

We invite you to familiarize yourself with: State registration of the right of economic management

Advantages and disadvantages

I consider cohabitation to be an unreliable form of relationship. Especially if you have children together.

When a child appears in the family, the legal spouse is automatically recognized as the father. The cohabitant needs to confirm separately.

The situation becomes more complicated when the couple receives material assets. How to divide them when parting? However, most people prefer “easy” relationships without obligations. In everyday life, cohabitation is identical to legal marriage, the only difference being the absence of registration. People retain their freedom and, if they wish, can safely disperse without courts or property disputes.

In addition, children born into such families receive a characteristic example. A parent who does not want to continue raising the child may “disappear,” leaving the partner alone with difficulties.

How to prove it in court

This will be more difficult for the interested party to comply with. The legal spouse may present the marriage certificate to the court. What will be sufficient to confirm his status. The common-law spouse does not have a stamp. This complicates the process, but does not make it impossible.

A citizen needs to collect real evidence:

1. Look for witnesses who can confirm in court the fact of long-term cohabitation of citizens. For example , colleagues, neighbors or relatives.

2. Provide a birth certificate of a joint child, where the other party is indicated by the parent. When cohabiting, the father needs to visit the registry office and confirm his paternity there with a special statement. Then he will be identified as the baby's father.

3. Collect material evidence - joint photos, videos, letters received. Drawing up lease agreements . Even a loan taken together can become evidence.

It is difficult to hide long-term cohabitation and housekeeping, because people are in society. The testimony of neighbors will be significant along with the collected material evidence.

Why is the moment of ending cohabitation and family relationships important?

Firstly, by virtue of the direct instructions of paragraph 4 of Art. 38 of the Family Code of the Russian Federation, the court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations as the property of each of them.

As a rule, it is recognized in situations that are not complicated by other circumstances.

Secondly, the court usually recognizes that those debt obligations that spouses assume upon termination of separation and termination of family relations are personal debt obligations of the spouse who assumed them.

For example, if one of the spouses, during the period of cohabitation and maintaining family relationships, took out a loan and spent it on family needs, then this loan is the common debt of the spouses. If the loan was taken out after the end of cohabitation and family relations, then the loan, of course, is not spent on the common needs of the spouses, and therefore is not a common debt of the spouses.

Thirdly, if during the period of separation and termination of family relations one of the spouses sells common property, then it is presumed that he turns the money from the sale of common property to his own benefit, and not to the benefit of the family, so the second spouse has the opportunity to either take into account half of the market the value of the property sold when dividing the common property of the spouses, or to recover from the other spouse half the market value of the property sold.

How to prove cohabitation

It is easier to confirm long-term relationships when citizens lived together and shared the same living space.

To confirm this fact, you need:

1. Testimony from neighbors. People see who occupies the apartment, how long the couple spent together.

2. Audio and video recordings, voice recordings of conversations. With a long-term union, such material accumulates.

3. Payment documents with citizen data. There are times when he paid incoming utility bills and other expenses.

4. Lease agreement - if a couple rented an apartment, indicating the number of residents in the agreement. Many tenants require that they be notified in advance how many tenants will be moving in - one or two, the presence of children, pets. If the couple made rent payments jointly, then the details of both are indicated in the document.

5. Paid bills for purchased household appliances, repairs made.

6. The presence of your partner’s belongings in the apartment.

The more diverse evidence a former partner can provide, the stronger his evidence base will be.

How to prove the fact of joint or separate residence

• Registration at place of residence. If the spouses are registered at the same address until the divorce or even after this event, this will be good evidence of cohabitation.
• Joint vacation trips. Keep your tickets and travel vouchers if, during the period when the disputed property was acquired, you and your second spouse went on vacation or even went on trips together. Try to get it yourself or ask the court to send a request to the hotels where you stayed to confirm that you stayed in the same room.
• Witness's testimonies. Ask neighbors, relatives or close friends who are constantly nearby to confirm in court that you lived together with your spouse, or at least that he was often in your shared apartment.
• Photos. Taking photos or videos together will be good evidence of living together. These could be photographs of joint celebrations. Celebrating the New Year, the birthday of a spouse or relative, or the birthday of a child. The main thing is to prove the period when the photographs were taken. This can be done by asking witnesses who were present when the photographs were taken to confirm when the photographs were taken and under what circumstances.
• Spending leisure time together. Provide the court with evidence that you visited a gym, swimming pool, water park together, went to theaters, museums together, etc.
• Visiting a kindergarten or school. In kindergarten or at school, in clubs and sections in which the child is involved, they can confirm that you took turns bringing or picking up the child, participated jointly or in turn in parent-teacher meetings, jointly attended concerts, exhibitions and competitions that were held at school , mug or sports section.
• Payment of utility services. Receipts for payment of utility bills may have the signatures of different spouses. This will mean that during the period when these payments were repaid, the spouses were running a joint household.

• Registration at place of residence. If, after you separated from your spouse, you registered at a new place of residence in accordance with the law, this will be strong evidence of separation in court.
• Independent vacation trips. Save tickets and travel vouchers if during the period of separation you went on vacation or, for example, to visit relatives without your spouse.
• Witness's testimonies. Ask neighbors, relatives or close friends who are constantly nearby to confirm to the court that you are living separately from your spouse. Witnesses can confirm that you spend holidays without him, for example, New Year or a child’s birthday.
• The actual creation of a new family. Show photos and videos of you spending time with your new family.
• Separate leisure activities. Provide the court with evidence that you now separately visit places that you previously visited together - a gym, a swimming pool, a theater, etc.
• Lack of joint farming. This is the main thing that needs to be proven and what all the above evidence is used for. Property acquired during the period of separation will remain your individual property only if you prove that during this period you and your second spouse had a separate budget and you provided for yourself.

1. Residential building. As in the case of individual housing construction plots, it must be occupied by 1 family (not an apartment building). The allowed number of floors is 3 (basements are not taken into account).
2. Garage, shed, barn or other utility room.
3. Bathhouse, gazebo, and other buildings necessary for organizing a comfortable life.

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After amendments to the current legislation, it is impossible to purchase plots of private household plots in the territories of small settlements or lands for which an urban development plan has already been developed. However, they remained in the ownership of the persons who bought them before the innovations. The law does not prohibit entering into a transaction with such landowners.

1. Clarification of joint tasks of future partners, coordination of goals.
2. Economic analysis of a potential joint venture: calculation of costs and possible profits, calculation of profitability, payback period of financial investments.
3. Selecting specific partners for joint ventures.
4. Signing a letter of intent.
5. Collection of the necessary package of documents.
6. Development of constituent documents of the joint venture being created.
7. Registration of a joint venture in accordance with the chosen legal status.

In the legal field, the term “joint venture” does not have a strict definition. This can be called a method of management, a form of cooperation, and a specific economic structure. Analyzing the main meaning of this activity, we can give the following definition of joint venture.

If the common-law husband has already died

When a partner suddenly dies or leaves, leaving his partner, he is left alone, with nothing. Which is dangerous if a couple purchased real estate under the name of one of them. Then the object will be inherited by the children or other relatives of the deceased. You will be lucky if you have common children recognized as a citizen. They will get part of the property, and the widow will have to move out.

It is possible to protect the rights of a partner by specifying him in a will, but few people think about this in their youth. But even if there is a documented last will, the situation does not help.

A good lawyer can challenge the document in court, returning the property of the deceased to the relatives. In an unregistered marriage, it is almost impossible for the remaining spouse to prove the right to possess the property of the deceased.

If a legal husband dies, his widow is entitled to financial compensation - part of the deceased’s salary. Also 50% of all property acquired together. Even children have no right to claim this.

Documents - payment receipts, receipts, testimony of neighbors - will help confirm the fact of GB. A significant argument is having children together. It is easy to prove their relationship with the deceased thanks to a DNA test. If the result is positive, the widow will be able to apply for a subsidy for the loss of a breadwinner. At the same time, demand a share of the deceased’s property for the child, the legal heir.

How to determine jointly acquired property

Expert opinion

Nina Matveeva, real estate consultant

The right to own the property goes to the person in whose name the property was originally registered. You can't rely on simple promises. It is better to register shared ownership immediately so that everyone has their own part. Then, when breaking up, it will be easier to confirm your rights. They will be documented.

Everything that the partners had before living together remains with them. The other half will not be able to claim this. During the trial, the judge uses the rules of civil law.

The following documents will help the parties:

· purchase and sale agreement, where the buyer and the cost of the object are indicated;

· deed of gift between spouses, cohabitants (although if the property was transferred to one spouse, the second will not receive anything);

· agreement of shared ownership (the number and size of shares are indicated there), for example, a deed of gift for a share in an apartment

· receipts (for example, real estate is registered in the name of one person, but he writes a receipt confirming that he took the amount of money from the second spouse to purchase the property);

· receipts, payment checks – evidence of a citizen’s financial investments.

Sometimes spouses register the purchased property for their joint children. Then the disputes concern guardianship, with whom the minor owner will live.

About personal subsidiary farming

5. When the lands of rural settlements are included within the boundaries of urban settlements, citizens conducting personal subsidiary farming retain the right to conduct personal subsidiary farming on land plots that were provided to them and (or) acquired by them for these purposes.

4. The maximum (maximum and minimum) sizes of land plots provided to citizens from state-owned or municipally owned lands for private farming are established by regulatory legal acts of local government bodies. The provision of such lands is carried out in the manner established by land legislation.

And now this happy common future is finally coming. You live together for a week/month/quarter/year/etc. And your joint farming lives with you. What is yours? Patriarchal-hereditary-gender-heroic? The husband heroically gets the notorious money “mammoth”, the wife heroically creates all the necessary conditions for dragging and cutting up this mammoth, as well as for organizing successful rest and leisure for her hunter. Or is your joint housekeeping fashionable and mirror-like? The wife earns money (because she loves it and is better at it), and the husband does all the household chores, including children, “at the call of his heart,” and not out of despair.

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When you just start dating your future wife (or future husband), as it turns out later, the last thing you think about is, of course, running a household together. This issue is not on the agenda of rapidly developing romantic relationships. After all, the “farms” are separate. Everyone feeds, drinks, and dresses themselves. What we share together is only mutually pleasant enjoyment of each other and anxious anticipation of a certainly happy common future!

In this regard, the registration authority’s requirement to provide your ex-husband’s consent to the transaction can be challenged by you in court. The Rosreestr Office proceeds from the general principle that property acquired by spouses during marriage is their joint property, which is why the ex-husband’s consent to the disposal of acquired property is sought.

• a contract for the sale and purchase of an apartment that belonged to her;
• residential building purchase agreement;
• a payment document confirming that on a certain day the plaintiff transferred two million rubles to the defendant’s bank account, which amounted to 45% of the price set for the house;
• a payment document confirming that after receiving the transfer from the plaintiff, the defendant paid the seller in full.

Division of property of common-law spouses

When the union breaks up and the partners are not ready to divide the common property peacefully, the court intervenes. More precisely, an interested party who believes that his/her rights have been violated files a lawsuit. Each spouse must certify the extent of financial investments and other participation.

What can be proven:

1. purchase of housing - who invested money, how much;
2. carrying out repairs - payment for materials, physical effort;
3. redevelopment - who initiated and paid for it.

The easiest way is to get witness testimony. The court will accept them. For example, the words of the workers who were renovating the apartment. Who negotiated with them and paid. Documents confirming the financial viability of a citizen - his salary, the presence of other income, an open bank account - have significant power.

When there is no official marriage, housework is not taken into account in such disputes, which complicates the woman’s situation. If she sat at home raising the child while the man worked.

How to prove paternity in an unofficial marriage

According to statistics, 60% of children appear in cohabiting families. There are cases when a married woman secretly meets with her lover. The husband will automatically be recognized as the father of the child; in fact, the identity of the biological father is unclear. Accordingly, it is not clear who should support the baby. Most lovers do not recognize "fun" children.

A woman has 2 options for acknowledging paternity:

A. Voluntary - a man - the father independently appears at the registry office and submits an application. And he is recorded as the child's father.

B. Judicial - a woman files a lawsuit, wanting to prove the man’s relationship with her child. A man has the right to initiate such proceedings.

The main evidence is a DNA test. Tests are taken by a man - the alleged father and child. If there are several candidates, a separate test is conducted with each one. The cost of the procedure is paid by the plaintiff.

Other evidence that may help:

· testimony of witnesses - colleagues, friends and relatives;

· general photographs;

· expert opinion;

· information about the fact of cohabitation and long-term relationships.

The situation is complicated by the voluntary nature of the procedure. You cannot force a man to give DNA material. Then other evidence will help the woman. For example, a doctor examining a child’s blood groups with his parents.

How to prove a civil marriage in court

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

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

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

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

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

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

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

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

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

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

Witness testimony

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

As a witness in court you can present:

• neighbors;
• mutual acquaintances and friends;
• relatives.

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

What material evidence supports the relationship?

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

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

Common child as an indisputable fact

A baby born in a civil marriage serves as another important confirmation of this.
But unfortunately, not all men recognize their paternity and are ready to officially become parents. If such a situation arises, the mother will first have to prove the man’s paternity in court. You can install it in two ways:

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

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

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

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