Common is the property of several individuals.It can be divisible and indivisible. In Art. 34 of the RF IC recorded such a concept as joint ownership of husband and wife. This property ownership is based on trust and integrity. Details on this are provided in the article.
The concept of
What is the joint property of spouses? Art.34 of the RF IC gives a clear definition of this concept. According to her, this property is acquired in marriage. This definition is fixed in paragraph 1 of Art. 34 SK RF. Spouses own property without the need to allocate shares, but other rules for establishing property rights can be defined by law. According to the Civil Code of the Russian Federation, the division of shares into common property is allowed.
In Russian legislation, there are 2 maindocument in this area - the Civil Code and the IC of the Russian Federation. The first defines the norms of the appearance of common property. And in the second type of ownership that can be shared. The property, which belongs to the general, is specified in Art. 34 SK RF.
All purchased in marriage is considered to be jointly.acquired unless otherwise specified by marriage or other agreement. This is indicated in paragraph 2 of Art. 34 UK RF. Usually a special type of property is approved for valuable property, for example, real estate.
Common property
When buying a property type of lawIt is established by the agreements that were at its execution, and the terms of the transaction agreement. The object (land, house, apartment) is executed on one or both spouses. In this case there are several situations:
- If the buyer identified one person.It will be listed in the purchase agreement. If there is no marriage contract, then the spouse will be entitled to the object. This will be a joint property, and in the event of a divorce, it will be divided into shares. Details about this can be in the marriage contract.
- Buyers are both spouses.In this situation, common equity and joint property can be determined. The first option involves joint ownership and disposal of property based on the shares specified in the document. Under the second option, they can only dispose of in the amount of the rights that the common joint property grants them.
Rights and obligations
According to art.34 of the RF IC, the property must be in the possession and use of both parties. This means that one person can dispose of property, trust the other spouse to do it, since the principle of good faith applies here. But other rules may apply in the marriage agreement.
With the registration of the transaction implies that sheperformed by consistency. This is fixed in Art. 34, 35 of the RF IC. The exception is considered to be situations if notarial permission is required in the event that the second party is not considered a party to the contract. In the absence of authenticated authority, the transaction is subject to dispute.
If we take into account the norms of art.34 of the RF IC, the spouse must maintain their property. They can also receive income from it. There are some nuances in this question. Intellectual property owned by one person is not shared, but the proceeds from it can be used by both parties.
Movable property
The joint property includes:
- Income from business activities. It also concerns the percentage of deposits, financial assistance, scholarships, pensions.
- Movable property (except personal items).
- Shares, securities.
- Contributions.
- The rest of the property.
Marriage contract may set rulesattribution of property to the total. Usually, property purchased before marriage is not considered jointly acquired. Exceptions include cases when it was proved that funds were invested in these objects, and this led to an increase in their price.
Common property
In paragraph 2 of Art.34 of the RF IC does not indicate that personal property is considered common. These are things that are inherited, donated, or purchased before marriage. The right applies to items that can only be used by one person, for example, to dress. Exceptions include jewelry or luxury items.
Personal property is the property purchased in a marriage,if you prove that the money accumulated before the marriage was spent. This usually happens when money is given or bequeath. Exclude property from the general will only through the court.
Allotment of shares
This procedure is carried out in 3 cases:
- When collecting. Property can be both personal and joint.
- With a divorce. Shares allocate under the marriage agreement or the document on the division of property. If they are absent, the norms of law are applied
- Optional. The parties have the right to allocate shares in the common property. This is done on the basis of an agreement and in court.
If there are no disputes, then you can make an agreement on the division of property, which is notarized. Otherwise, everything is done by court order.
Comments
Art. 34 of the RF IC with comments explains many nuances:
- Нормы п.1 are considered mandatory, but Art. 33. Also, explanations are provided in paragraph 1 of Art. 256 of the Civil Code. According to it, the property is considered joint if acquired in marriage, but if other rules are not established by the marriage contract.
- The total cost stated in the Civil Code.
- Whatever method of property formation may be, the spouses have the same rights to common property.
- In paragraph 2, the sources of law. The grounds include various property transactions.
- Property is common to whom it is framed.
- Personal items remain the property of a particular person.
- On the sole proprietorship stated in the comments to Art. 36, 37 of the RF IC.
- Property can be movable and immovable.
- The property is entitled to a person who did not have his income for valid reasons. This indicates that it can be housekeeping and childcare.
- The common property includes various incomes and payments.
Section
This transaction is usually carried out after a divorce,but it can be done in marriage, by defining shares or separate ownership. This right is with the spouses and creditors (Art. 38 of the RF IC). These transactions have their own nuances:
- The division of ownership can be by agreement, if you make an agreement.
- If there are disputes, it is necessary to solve the problem through the courts. This body can provide ownership or make joint ownership personal.
- Can not share things acquired for training, development of children. In case of divorce, the child’s property remains with the parent with whom he lives (Section 3, Art. 38 of the RF IC).
- Do not share clothing, medical items and other personal items. This does not apply to jewelry, designer items, transport, luxury.
- Even with a divorce, undivided property will be co-owned.
- You can divide things, real estate, bills no later than 3 years after a divorce. This is established in paragraph 7 of Art. 38 UK RF.
Ownership can be either for spouses or fortheir children. This is necessarily taken into account when dividing, allocating shares, and making various deals. In these situations, the norms of legislation are also applicable, but also necessarily taken into account so that the interests of children are not infringed.
Any property is subject to division.It can be an apartment, a house, a land plot, valuables, shares. And you can divide everything voluntarily in the absence of claims to each other. But this is carried out through the court, if there is any dispute. In any case, everything must be done so as not to infringe upon the rights of the parties.
Transaction difficulties
With property that is in jointproperty transactions are made in a special way. It should be borne in mind that this procedure will not be legal in the absence of permission from the second party. This transaction is contested and invalidated. In practice, such cases very much. That is why the power of attorney should not be made unlimited, the document should be valid for a certain period of time. In addition, the specific purpose of the document is important. In case of violation of these norms comes responsibility.
But even with permission to sell or exchange you needmake sure that both spouses are fixed in the contract. This is important when buying property. Nuance allows you to competently arrange a transaction so that in the future there will be no difficulties.
How to confirm the right?
The definition of common property is done with:
- passports;
- marriage certificates;
- birth certificates;
- marriage contract.
By law, only official marriages are taken into account.Therefore, when living together, even if it lasted for many years, the division of property cannot be performed. To receive your share, you need to go through a complicated procedure of confirming the investment in the ownership of personal funds.
The right to joint ownership is fixed by law. If it is violated, you can go to court. The main thing is to act decisively, relying on the rule of law.
