Most often, the term "civil marriage" is applied to people living together, jointly running a household, raising children, but not registering their relationship with the registry office. There are no legal consequences in this case. Russian law does not recognize such a relationship as a marriage. From a legal point of view, they should be called "cohabitation" or "de facto marital relationship."
The Family Code only provides for marriage registered by the state. Consequently, its provisions do not regulate the division of property of persons living together. It is not recognized as "jointly acquired": we should talk about the personal property of citizens, as well as the property acquired by them together.
Joint property in cohabitation
- real estate
- movable property
- cash, bank deposits, contents of bank cells
- shares, as well as other securities
To recognize property as a common property, it is required to establish the existence of a de facto marriage relationship between persons living together and using common funds to manage households, pay for utilities and purchase goods.
- pre-cohabitation property
- inherited property as a gift
- things that are in personal and individual use
- intellectual property
- Kids' things
- what kind of property the cohabitants recognize as common
- the size of the shares of common-law spouses in this property
Registration of the property acquired during the period of cohabitation as a joint property with the appropriate assignment of shares will allow avoiding difficulties in its division. It can be carried out with the consent of the parties without trial.
Division of property of cohabitants
- cohabitation and running a common household as such is not considered as a basis for the occurrence of legal consequences
- division is only possible on the property of cohabitants
- subject of the proceedings - shared property to which the norms of the Civil Code of the Russian Federation apply
- proof that a man and a woman lived together and ran a household is a necessary condition for the recognition of property as a common
- the main question that arises when dividing the property of cohabitants comes down to specifying the size of their shares
If the cohabitants could not reach an agreement on the determination of the shares due to them, then the division is made by the court. In this case, the applicant is obliged to prove that the property was acquired precisely in joint ownership. This is the main reason for the complexity of similar litigation.
- cohabitation itself
- common housekeeping
- acquisition of common property
- treating property as a common
- contribution of each of the cohabitants to the acquisition of property
Testimony can be used to prove living together and running a household. When choosing witnesses, it is advisable not to be limited only to relatives, but to involve outsiders in the case: neighbors, colleagues, etc. In addition, photographs and videos can also be evidence. It is recommended to keep receipts and other documents on the acquisition of the property, which can help to establish its value and the size of the shares of the cohabitants.
