Civil marriage is not recognized by the state with rare exceptions. Therefore, the division of property acquired during the actual marriage relationship has its own characteristics and nuances.
There is no definition of "civil marriage" in family law. It is customary for the people to call this word the cohabitation of a man and a woman without registering relations in the registry office. A marriage that entails the emergence of rights, obligations and legal consequences is recognized only by official registration with the registry office.
Spouses' rights in the division of property
The law states that the rights of spouses to property purchased in marriage are recognized as equal. It does not matter in whose name the property was purchased, and it does not matter if one of the spouses did not work for a good reason or was engaged in housekeeping and raising children. In any case, both husband and wife have the same rights to belongings.
Joint property includes all movable and immovable things, cash, bank accounts, shares, shares and other securities, salary and income from other work activities.
An exception is the contractual regime of property. This means that the husband and wife, prior to marriage or being in a marriage relationship, constitute a marriage contract. He determines the procedure for the division of property during parting, as well as the possession and use of it during life together.
Section of things bought in a civil marriage
Equality applies only to registered marriages. The division of property acquired without a stamp in the passport is not provided for by the family law. Meanwhile, in the courts, there are more and more lawsuits when the so-called spouses are trying to divide the jointly acquired property. The norms of the Civil Code of the Russian Federation apply to such legal relations.
Civil husband and wife have only two options for the division of property. If the property was bought by the spouses in equal shares and registered for each of them, then it will be divided according to the rules for dividing the common property of the owners. As a rule, this only applies to real estate. An example would be a section of a land plot owned by former cohabitants. Each of them can claim only the share that is established by the title document.
If it is impossible to divide the property in kind or separate a share from it, you will have to decide on its sale and division of funds. For many, this option is not always acceptable, as it deprives the owner of his property.
If the thing is bought in the name of one of the "civil" spouses, then the second will not have the right to claim it. This rule applies to any movable and immovable property, as well as household appliances, furniture, etc.
Why you need to register a marriage on time
According to the provisions of the family law of the Russian Federation, when dividing the common property of a husband and wife, the court has the right to disregard the principle of equality of shares if the rights of young children are violated. The court has the right to allocate more property to the spouse with whom the children live than is provided for by law.
The division of property after the so-called "civil marriage" does not take into account the rights of common children at all. Alimony and inheritance by law - that's what a child born as a result of cohabitation can claim. For this reason, it is not worth risking the future of children and the relationship should be registered in a timely manner.
An exception
Citizens who lived in de facto marital relations that arose before July 8, 1944 (the day of the release of the Decree of the Presidium of the Supreme Soviet of the USSR, which abolished civil marriages), have the right to share property as real spouses. Until that date, joint housekeeping or marriage in the church was recognized as an official marriage. This provision of the law is used very rarely today and mainly in inheritance cases, and not in the division of property.
