"Property relations of spouses" Concepts and types of property relations of spouses. Property relations between spouses

03.05.2019

Those who have entered into a man and a woman have both personal non-property and property rights and obligations.

Personal rights and obligations spouses are as follows.

When entering into marriage, the spouses may, at their choice, choose the surname of one of the spouses as a common one or retain the premarital surname, their combination (double surname) is also possible. Spouses are free to make decisions on the choice of profession, occupation, place of residence. To personal non-property rights also include the rights:

to jointly resolve issues of family life;
giving consent to the adoption of a child by another spouse;
divorce, etc.

These rights of one of the spouses presuppose, respectively, the obligation of the other (the obligation to obtain consent to the adoption of a child, the obligation not to interfere with the choice of occupation, profession, etc.).

Property rights and obligations of spouses

Consider property rights and obligations of spouses. The law distinguishes between premarital property that belonged to the husband (wife) before marriage, and property acquired during marriage.

Property relations between spouses include:

property relations;
maintenance relations(relationships on the mutual maintenance of spouses).

Property Relations

As a general rule property acquired by spouses during marriage is joint property(even if one of them worked, receiving, and the second ran the household). The spouses jointly own and use this property, and the disposal is carried out by mutual agreement. With the acceptance of part one Civil Code of the Russian Federation and the Family Code of the Russian Federation (effective March 1, 1996) it was approved that spouses have the right to establish a different regime for this property via marriage contract , Which can change legal regime joint ownership . In it, the spouses can determine their rights and obligations for mutual maintenance, the procedure for incurring family expenses. But a marriage contract cannot restrict the legal capacity and capacity of the spouses, violate the principles of equality of men and women in marriage and contain such conditions that would be contrary to common principles family law. A marriage contract can be concluded as before state registration marriage, and at any time during the marriage. The validity of the marriage contract is terminated from the moment of termination of the marriage, it can be changed or terminated by mutual agreement of the spouses at any time. As well as any civil law contract, it may be invalidated on the grounds provided for by the Civil Code of the Russian Federation. The marriage contract is concluded in writing and is subject to notarization.

In addition, each spouse has the right to have personal property, which consists of:

from the property owned by the spouse before marriage;
property received during marriage as a gift or by inheritance;
personal items (clothes, shoes, etc.), except for jewelry and luxury items.

This property is excluded from the common joint property, and the spouse has the right to own, use and dispose of it at his own discretion. But if investments have been made in personal property at the expense of the other spouse that significantly increase its value, it can be recognized by the court as common joint property (for example, if the wife paid overhaul apartment that belonged to the husband before marriage, then this apartment will become the common joint property of the spouses).

In accordance with Art. 253 of the Civil Code of the Russian Federation, the disposal of property that is jointly owned is carried out by the consent of the spouses, i.e. it is understood that a transaction made by one spouse by order common property done with the consent of the other spouse. A transaction may be declared invalid by a court only if the court finds out the bad faith of the spouse who made the transaction.

It is likely that not all property located in the house will be the common joint property of the spouses or be their personal property. Any thing, and indeed any other object of civil rights, acquired in compliance with the procedure and grounds established by the Civil Code of the Russian Federation, can become the property of other family members (after all, the number and value of property owned by a citizen is not limited). That's why three year old may own not only toys given to him by his parents, but also, for example, a car received by will from his grandfather (although the grandson will not be able to manage this car on his own until a certain time).

Alimony relations

The mutual obligation of spouses to support each other financially is not only moral, but also legal. If such support is refused and there is no agreement between the spouses on the payment of alimony, the needy spouse can apply to the court.

Alimony during the period of marriage may be collected from a spouse who has the necessary means for this in favor of:

disabled needy spouse;
wives during pregnancy and within three years from the date of birth of a common child;
a needy spouse caring for a common child with a disability from childhood of group I.

In cases specified by law, the ex-spouse also has the right to receive alimony from the other spouse after the dissolution of the marriage, for example ex-wife during pregnancy and within three years from the date of birth of a common child.

Alimony is collected in a certain amount of money payable monthly.

Property relations in the family

1. Property relations between spouses

The family occupies a special place in the system of social values. The value of the family and its special role in the formation of a person is recognized by the world community. The Universal Declaration of Human Rights states that the family is the natural and fundamental unit of society. By creating strong family, people strengthen society. Therefore, it is interested in the fact that the family is viable and performs the functions assigned to it by law as best as possible. In accordance with Art. 32 of the Constitution of the Republic of Belarus, marriage, family, motherhood, fatherhood, childhood are under the protection of the state.

Spouses are obliged to build their relationship in the family on the basis of mutual respect and mutual assistance, fair distribution family responsibilities assistance in the realization by each of them of the right to motherhood (paternity), physical and spiritual development education, manifestation of one's abilities, work and rest.

However, at the core marital relations lies not only spiritual communication, but also a certain material base. The family cannot perform its many functions without spending certain funds. Therefore, with the registration of marriage, the law connects the emergence of not only personal non-property, but also property legal relations between spouses.

Family relationships largely determine the character of a person, his life priorities and values, and property relations between spouses are one of the most important components modern family which has a significant impact on the development of society, life.

The purpose of the study is to study the legal regime of property of spouses.

During the study, we used following methods: historical, analysis, synthesis, comparative legal.

In family legal relations between spouses, two groups of rights and obligations arise: personal non-property rights (having no material content) and property rights and obligations. Property relations between spouses are regulated by the norms of family law public relations arising between spouses out of marriage, regarding spouses entered into Everyday life about who pays the rent, buys food, etc. and is not subject to enforcement.

In accordance with Art. 23 CBS property acquired by spouses during marriage, regardless of which of the spouses it was acquired or which of the spouses contributed cash, is their common joint property.

The main criteria for classifying property acquired by spouses as common in a situation where its acquisition or alienation is carried out by one of the spouses are: the period of acquisition - in marriage; the means of acquisition are the total income of the spouses; the basis for the acquisition is paid transactions.

The main objects of common joint property of the spouses are cash income and other payments received by this each spouse as a result of his labor, entrepreneurial, intellectual activity as well as pensions and benefits.

In addition to general joint property spouses own property that is the property of each of them. According to Article 26 of the CBS, the property of each of the spouses is recognized:

Property that belonged to the spouses before marriage (since the fact of marriage does not create a community of property acquired by each of the spouses before marriage);

Property received by a spouse during the marriage under a donation agreement (a wedding or other gift presented to both spouses will be their common joint property);

Property received by the spouse during the marriage by way of inheritance (property that passed to the spouse either by will or inheritance by law);

Things for the individual use of the spouses, with the exception of jewelry and other luxury items.

Each spouse owns, uses and disposes of his separate property independently. The consent of the other spouse to the alienation of separate property (sale, donation) or the performance of other acts of disposal (rent, pledge) is not required.

The Code of the Republic of Belarus on Marriage and Family (hereinafter referred to as the CBS) provides for two types of matrimonial property regime: legal and contractual. The regime of joint property of the spouses established by law can be changed both before marriage and at any time during the marriage by concluding a marriage contract between the spouses, which is concluded in writing and is subject to notarization. The marriage contract determines the agreement of the spouses on the joint property and property of each of the spouses, the procedure for dividing the joint property of the spouses in the event of divorce, the forms, methods and means of raising children, as well as other conditions. The marriage contract acquires legal force only from the moment the marriage is registered in the registry office. If the marriage is not concluded, the contract is annulled.

Alimony obligations of spouses

Alimony obligations of spouses stem from a more general duty of spouses - to financially support each other (clause 1, article 89 of the RF IC " Family code Russian Federation"Dated December 29, 1995 N 223-FZ (as amended on November 25, 2013, as amended on January 31 ...

Alimony obligations of spouses and former spouses

Alimony obligations of spouses stem from a more general duty of spouses - to financially support each other (clause 1, article 89 of the UK). The concept of "material support" used here by the legislator is not accidental...

The contract in the system of legal facts of family law

Marriage contract The principle of dispositivity, permeating all family law, wide opportunity for contractual regulation property relations of spouses. So, the construction of Art. 33 of the RF IC, indicates ...

Legal regime of property of spouses

With state registration, the conclusion of marriage, the law connects the emergence between spouses of not only personal, but also property relations...

Property relations in the family

property minor spouse Property relations of citizens, regulated by the legislation on marriage and family, arise between persons related by marriage and kinship ...

Property relations between spouses modern Russia

According to Article 35 of the Family Code of the Russian Federation, spouses must use and dispose of property that is in their joint ownership, according to mutual consent. As for subjects with civil capacity ...

Liability of spouses for personal and common debts

Legal regulation of relations related to marriage

The 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of the CIS Countries contains an extensive system of conflict rules governing the property and personal non-property rights of spouses ...

Legal relationship between spouses. Divorce

According to Art. 161 of the Family Code of the Russian Federation - personal non-property and property rights and obligations of spouses are determined by the legislation of the state in whose territory they have a joint place of residence ...

Corpus delicti. Property relations of spouses

Family legal relations - the relations regulated by the seed legislation. By legal nature family relationships may be personal or property...

wife's personal property right

Property relations between spouses

The development of property relations of spouses begins from ancient times. Until the 16th century, marriage and family legislation was mainly influenced by the church and moral standards. The wife is practically the property of the husband. The process of granting her rights, including property rights, is very slow. In the marriage and family legislation of the 16th-18th centuries, which regulates the property relations of spouses, there were constant changes. If in the 16th century the property of the spouses was separate, then in the 17th century it was common, under the control of the husband, in the 18th century it was again separately. At the same time, the wife's dependence on her husband, as the head of the family, remains unchanged. In the 19th century, the Code of Laws regulated in detail the property rights of spouses. IN Soviet time the regulation of the property relations of the spouses was regulated in detail and imperatively by the legislation, depending on the state ideology. The norms changed to the opposite: from the imperative separation of the property of the spouses and the recognition of force behind the actual marital relations, to the imperative joint property of the spouses and the recognition of legal force only for a marriage registered in the prescribed manner. Currently, there are dispositive norms governing the property relations of spouses.

In the complex of legal relations that arise between persons after marriage, along with non-property rights and obligations, there are relations arising from the property of the spouses.

The institution of property of spouses is regulated by the norms civil law. In particular, this applies to the property relations of spouses. The general provision on the property of a husband and wife is formulated in Article 256 of the Civil Code of the Russian Federation. Similar rules governing the property rights and obligations of spouses are formulated in Chapters 7-8 of the RF IC.

See: Nechaeva A.M. Family law. Lecture course. -M.: Jurist, 1998. S. 126

Property relations between spouses, regulated by the rules of family law (property relations), can be divided into two groups:

Relationships regarding matrimonial property (i.e. property acquired by spouses during marriage);

Relations about mutual material content (alimentary obligations).

The ratio of the norms of civil and family law in the field of property relations is a combination of general and special rules - this ratio is due to the specifics of family legal relations.

The rules on marital property can be divided into three groups:

The first group - the norms establishing the legal regime of the property of the spouses;

The second group - the rules governing contractual regime spouses' property;

The third group is the norms regulating the obligations of spouses with third parties.

In accordance with Part 1 of Article 256 of the Civil Code, property acquired by spouses during marriage is their joint property, unless an agreement between the spouses establishes a different regime for this property. Shares of spouses in joint property (common property of spouses) are determined only when it is divided, which entails the termination of joint property. Each of the spouses has an equal (identical with the other spouse) right to own, use and dispose of joint property.

The common property of the spouses in accordance with paragraph 2 of Article 34 of the RF IC includes:

Spouses income from labor activity, entrepreneurial activity and results of intellectual activity;

The pensions, allowances and other cash payments, which do not have a special purpose (sums financial assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health and others are the personal property of the spouse);

Movable and immovable things (residential and non-residential premises, land, vehicles, furniture, Appliances etc.);

Acquired from the joint income of the spouses securities, shares, deposits, shares in the capital, contributed to credit institutions or other commercial organizations;

Any other property acquired by the spouses during the marriage.

The list of common property given in the Family Code is not exhaustive, but it gives an idea of the approximate composition of the common property of the spouses.

In accordance with paragraph 1 of Article 35 of the RF IC, the possession, use and disposal of property jointly owned by the spouses is carried out by their mutual consent. That is, when one spouse makes a transaction on the disposal of common property, he acts with the consent of the other spouse.

However, the assumption that there is a spouse's consent to the transaction, in practice, may not correspond to the actual state of affairs. In this case, the spouse, whose consent to the transaction was not received, can apply for the protection of their rights to the court and challenge such a transaction. At the same time, the requirement to recognize the transaction as invalid can be satisfied by the court only if it is proved that the other party to the transaction knew or obviously should have known about the other spouse's disagreement to make this transaction, that is, knowingly in bad faith.

With state registration of marriage, the law connects the emergence between spouses of not only personal, but also property relations. Property relations between spouses, in contrast to personal ones, are practically all and in sufficient detail regulated by the Family Code, which is due both to their essence and the need to introduce certainty into them both in the interests of the spouses themselves and third parties (creditors, heirs, etc.). Only a certain part of the property relations of the spouses is not subject to legal influence as they are directly related to the life of the family (for example, the distribution of household duties for cooking, purchasing products, etc.) and not accepting enforcement.

Property relations between spouses, regulated by the rules of family law (property relations), can be divided into two groups:

a) relations regarding matrimonial property (that is, property acquired by spouses during marriage);
b) relations regarding mutual material maintenance (alimony obligations).

The norms of the Family Code of the Russian Federation, which regulate property relations between spouses, have undergone a significant change in comparison with the Code of Administrative Offenses. In contrast to the previous legislation, the Family Code gives the spouses the right to determine the content of their property relations by concluding a marriage contract (a contractual regime for the property of the spouses) or an agreement on the payment of alimony for the spouse. In the absence of a marriage contract or an agreement on the payment of alimony, or in the event of their termination or invalidation in the prescribed manner, the dispositive norms of the Family Code on the legal regime of property of spouses (Articles 3Z - 39 of the Family Code of the Russian Federation) or, accordingly, the norms on alimony obligations of spouses (Art. 89, 91, 92 of the Family Code of the Russian Federation).

The provisions of Ch. 7 and 8 of the Family Code of the Russian Federation on the types of matrimonial property regime correspond to the content of paragraph 1 of Art. 256 of the Civil Code, which refers property acquired by spouses during marriage to their joint property, unless an agreement between them establishes a different regime for this property.

The concept of the legal regime of property of the spouses is given in paragraph 1 of Art. 33 of the Family Code of the Russian Federation. Legal regime of property of spouses , if marriage contract otherwise provided. The joint property of the spouses in accordance with paragraph 1 of Art. 34 of the Family Code of the Russian Federation is property acquired by spouses during a marriage concluded in the manner prescribed by law. It is important that the joint property of the spouses is the property without a share. Shares of spouses in joint property (common property of spouses) are determined only when it is divided, which entails the termination of joint property. Each of the spouses has an equal (identical with the other spouse) right to own, use and dispose of joint property in the manner determined by Art. 35 of the Family Code of the Russian Federation.

It is noteworthy that the right to common property belongs to both spouses, regardless of which of them and in the name of which of them acquired the property (contributed funds), issued a title document. It is also important that in the event of a dispute, any of the spouses is not obliged to prove the fact of the community of property if it was acquired during marriage, since by virtue of the law (clause 1 of article 34 of the Family Code of the Russian Federation) there is a presumption (assumption) that the said property is the joint property of the spouses. The right to common property also belongs to the spouse who, during the marriage, was in charge of household, care for children or for other valid reasons (illness, study, etc.) did not have an independent income. This provision is primarily intended to protect legal rights non-working women. As a result of their housework, based on the provisions of Art. 31 of the Family Code of the Russian Federation, the principle of equality of spouses in the family, is equated to the work of a working husband.

Thus, the right of spouses to common property is equal regardless of the size of the contribution of each of them to its acquisition.

The Family Code lists the possible objects of joint property of the spouses and the main sources of its occurrence.

To the common property of the spouses in accordance with Art. 2 tbsp. 34 of the Family Code of the Russian Federation include:

a) income of spouses from labor activity, entrepreneurial activity and results of intellectual activity;
b) pensions, allowances and other cash payments received by them that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, and others are the personal property of the spouse);
c) movable and immovable things (residential and non-residential buildings and premises, land plots, motor vehicles, furniture, household appliances, etc.) acquired at the expense of the general income of the spouses;
d) securities acquired at the expense of the joint income of the spouses, shares, deposits, shares in the capital, contributed to credit institutions and other commercial organizations;
e) any other property acquired by the spouses during the marriage.

The list of common property of spouses given in the Family Code of the Russian Federation is not exhaustive. However, it gives an idea of the approximate composition of the common property of the spouses and can, in this regard, help in resolving the dispute that has arisen between the spouses on this issue. The joint property of the spouses, as follows from the Civil Code, may be any movable and immovable property that has not been withdrawn from civil circulation, the quantity and value of which are not limited, with certain exceptions provided for by law.

The following circumstances are relevant for the attribution of this or that property to the common joint property of the spouses:

a) the property was acquired by the spouses during the marriage at the expense of common funds spouses;
b) the property became the property of both spouses during the marriage (under gratuitous transactions).

The term "property", used in Art. 34 of the Family Code of the Russian Federation, is ambiguous, since it covers not only things, but also property rights, as well as obligations of spouses arising from the disposal of common property. In this regard, it should be noted that in the scientific literature there are different points of view on the possibility of including property obligations (debts) in the common property of spouses. Some authors believe that the common property of spouses can include both rights of claim (for example, the right to receive dividends, insurance compensation, etc.), as well as performance obligations, debts (the obligation to return money under a loan agreement, if the agreement was concluded in the interests of family, pay for work under a contract for the repair of an apartment, etc.) Osetrov N.A. Commentary on the Code of Marriage and Family of the RSFSR. M.: Gosyurizdat, 1982. S. 41. Other authors have a negative attitude to this approach, believing that obligations (debts) cannot be part of the joint property of the spouses, the law includes only the property rights of Kuznetsov I.M. Commentary on the Family Code of the Russian Federation. M.: Infra-M, 1996. S. 97. . The first position, in our opinion, is consistent with the established paragraph 3 of Art. 39 of the Family Code of the Russian Federation, the rule according to which, when dividing the common property of the spouses, the court also distributes the common debts between them in proportion to the shares awarded to them, which indirectly confirms the inclusion of obligations in the common property.

Of great practical importance is the establishment of the moment from which the wages (income) of each of the spouses become their common property. Three main points of view have been expressed in the family law literature on this issue. Wage(income) are included in the joint property of the spouses:

a) from the moment of accrual;
b) from the moment of transfer to the family budget Ryasentsev V.A. Soviet family law. M.: Gosjurizdat, 1982. S. 102-103.;
c) from the moment of their actual receipt.

Taking into account that the Family Code of the Russian Federation refers to the common property of the spouses the pensions, benefits received by them, as well as other cash payments that do not have a special purpose, this rule can be applied to other income of the spouses, in respect of which the law does not contain such an indication. . Hence, the most correct point of view seems to be that the income of each of the spouses (in particular, from labor, entrepreneurial, intellectual activities) is included in the common property from the moment they are received.

It should be noted that the basis for the emergence of legal relations of joint property of the spouses is only a marriage concluded in the manner prescribed by law, that is, in the registry office. The actual family relations of a man and a woman without state registration of marriage, regardless of their duration, do not create joint ownership of property. The property relations of the actual spouses will be governed by the norms of not family, but civil legislation on common shared property. Dispute on the division of property of persons in family relations without registration of marriage, according to the clarification of the Plenum Supreme Court RF should be decided according to the rules of Art. 252 of the Civil Code of the Russian Federation (the division of property in shared ownership, and the allocation of a share from it). At the same time, the degree of participation of these persons by means and personal labor in the acquisition of property should be taken into account. Decree of the Supreme Court of the RSFSR of February 21, 1973.

The Family Code of the Russian Federation specifically highlights the right to joint property of the spouses of members of a peasant (farm) economy. Its specificity lies in the fact that the rights of spouses to own, use and dispose of property that is the joint property of members of a peasant (farm) economy are determined by Art. 257 and 258 of the Civil Code of the Russian Federation. According to Art. 257 of the Civil Code of the Russian Federation, the property of a peasant (farm) economy belongs to all its members (including spouses) on the basis of joint ownership, unless otherwise provided by law or an agreement between them.

In accordance with paragraph 1 of Art. 35 of the Family Code of the Russian Federation, the possession, use and disposal of property jointly owned by the spouses is carried out by their mutual consent. This rule corresponds to the general provisions of civil law on the possession, use and disposal of property that is jointly owned by persons.

Based on the equality of the rights of both spouses to joint property, it is assumed that when one of the spouses makes a transaction on the disposal of common property, he acts with the consent of the other spouse. Thus, the law establishes the presumption (assumption) of the consent of the other spouse to the act of disposing of common property, which means that a person concluding a transaction with one of the spouses does not need to check whether the other spouse agrees to the transaction, require a power of attorney from the latter, and should be based on the fact of his consent. Other decision by the legislator this issue would lead to a significant impediment to civil circulation. The assumption that there is a spouse's consent to a transaction for the disposal of common property by the other spouse in practice may not correspond to the actual state of affairs. In this case, the spouse, whose consent to the transaction was not received, has the right to seek protection of their violated rights in court and challenge such a transaction. At the same time, his demand to recognize the transaction as invalid can be satisfied by the court only if it is proved that the other party to the transaction knew or obviously should have known about the other spouse's disagreement to make this transaction, that is, acted knowingly in bad faith. Specified in paragraph 2 of Art. 35 of the Family Code of the Russian Federation special condition necessary to satisfy the claim of the spouse for the recognition of the transaction as invalid, is aimed at protecting the legitimate interests of bona fide counterparties in transactions and simplifying the rules of civil circulation. At the request of the spouse under paragraph 2 of Art. 35 of the Family Code of the Russian Federation on the recognition of a transaction for the disposal of common property made by the other spouse as invalid due to the lack of consent of the spouse - the plaintiff The Family Code does not establish a statute of limitations, which cannot be considered correct. Subject to the provisions of Art. 4 of the Family Code of the Russian Federation on the application to family relations not regulated by family law of civil law, it seems possible to apply to such a claim the limitation period provided for in paragraph 2 of Art. 181 of the Civil Code of the Russian Federation, that is, in relation to the situation under consideration, one year from the date when the spouse found out or should have found out about the transaction made by the other spouse without his consent. The absence of a limitation period for claims of this type will affect the stability and legal certainty of civil circulation. Especially in practice, there are situations when the spouse knew about the alienation of property by the other spouse and did not express objections to the merits of the transaction, tacitly approving it. Naturally, this was subjectively regarded by the parties to the transaction as the consent of all interested parties to the transaction. However, later, due to changes in circumstances, mainly related to divorce and division of property, this spouse declared his disagreement with the transaction.

The rule on the presumption of consent of a spouse to a transaction on the disposal of common property by the other spouse does not apply to transactions of one of the spouses on the disposal of real estate and transactions that require notarization and (or) registration in the manner prescribed by law. To make this type of transaction, one of the spouses must obtain a notarized consent of the other spouse. The law refers to real estate (real estate) land plots, subsoil plots, isolated water bodies and all objects that are connected to land in such a way that their movement is impossible without disproportionate damage to their purpose, including forests and perennial plantings, residential and non-residential premises, buildings, structures, condominiums, enterprises as property complexes Art. one federal law dated July 21, 1997 122-FZ “On state registration of rights to real estate and transactions with it. Art. 1. // SZ RF. 1997. No. 30. Art. 3594..

The range of transactions subject to notarization and (or) state registration is defined in the Civil Code of the Russian Federation.

In cases where a transaction on the disposal of common real estate or a transaction made with common property requiring notarization and (or) state registration was concluded by one of the spouses without the prior consent of the other spouse, notarized, such a transaction is voidable. The spouse whose right has been violated has the right to demand recognition of the transaction as invalid in judicial order.

If the court satisfies the requirements of one of the spouses to recognize the transaction of the other spouse on the disposal of common property as invalid, the rules of civil law are applied. They lie in the fact that invalid transactions do not entail any legal consequences and are invalid from the moment they are made. It follows that each of the parties must return to the other party everything received under the transaction, and if it is impossible to return what was received in kind, reimburse its value in money.

The Family Code of the Russian Federation does not contain a special rule on the right of spouses to enter into transactions with each other. However, spouses certainly have such a right, as subjects endowed with civil legal capacity and legal capacity. They can make any transactions with each other that do not contradict the law. Usually these are gratuitous transactions (donation agreement, commission agreement), which is explained by the specifics of family relations.

The property of each of the spouses (separate property). The lawful regime of spouses' property presupposes that spouses during marriage not only own joint property, but also the personal property of each of them. In Art. 36 of the Family Code of the Russian Federation and paragraph 2 of Art. 256 of the Civil Code of the Russian Federation determines what types of property belong to the personal (separate) property of the spouses.

Firstly, this is the property that belonged to each of the spouses before marriage (premarital property).

Secondly, this is property received by the spouse during marriage as a gift, by inheritance or by other gratuitous transactions (for example, as a result of free privatization of housing).

The determining factor in classifying property as separate property of the spouses in the two above-mentioned cases is the time and grounds for the emergence of ownership of a particular property by one of the spouses. In this regard, the property of one of the spouses may include property acquired, although during marriage, but on his personal funds owned by the spouse before marriage or received in marriage through gratuitous transactions. Evidence of property belonging to one of the spouses can be: witness testimony (taking into account the provisions of 158-165 of the Civil Code of the Russian Federation on the form of the transaction and the legal consequences of its non-compliance); receipts, checks, documents indicating, in particular, the date of acquisition of the property and the purchaser himself; contracts for the purchase of property; testament and certificate of inheritance; savings book, savings certificate, etc. It should be noted that the one used in Art. 36 of the Family Code of the Russian Federation and paragraph 2 of Art. 256 of the Civil Code of the Russian Federation, the term "gift" is wider than the concept of "donation". The property received by one of the spouses during the marriage as a gift includes both that acquired under a donation agreement and awards, incentives for success in labor, scientific, social and other activities. Therefore, for example, the State Prize of the Russian Federation in the field of literature and art, for achievements in the field of science and technology Decree of the President of the Russian Federation of June 5, 1992 No. 282-rp // Vedomosti RF. 1992. No. 1. Art. 73., the award of the Government of the Russian Federation in the field of science and technology, as well as an international award, etc., received by one of the spouses, will be his property.

Thirdly, the personal property of the spouses includes things for individual use, although they were acquired during the marriage at the expense of the common funds of the spouses. . They are considered the property of spouse who used them. In the Family Code of the Russian Federation is given indicative list such things: clothes, shoes, etc. These, in particular, can also include personal hygiene items, jewelry and other things that serve the individual needs of the spouses. The only exceptions to this list are jewelry and other luxury items. These things are not recognized as the property of the spouse who used them, but are subject to inclusion in the common property of the spouses. Jewelry includes gems(diamonds, diamonds, sapphires, emeralds, amethysts, etc.) and products from precious metals(platinum, gold, silver). The law does not define what is meant by luxury goods. This is explained by the fact that luxury goods are a relative concept, since they are inextricably linked with the standard of living of the whole society as a whole and each family separately. In judicial practice, these include the most valuable things of the spouses: clothes made of expensive fur or clothes made famous fashion designers on individual orders, etc. Other things cannot be attributed to the spouse’s personal property, even if only one spouse used them (music center, video camera, car, sewing machine etc.), since, if necessary, these things can serve the needs of all family members and, therefore, they do not have the criterion of individual use. In the event of a dispute between spouses on this issue, it is decided by the court, taking into account the specific circumstances of the case and the income of the family. It is quite possible that in one case the court may recognize, for example, mink coat a luxury item, and in another case - based on the level of income of the spouses - an ordinary thing, that is, for individual use. In order to determine the cost and quality characteristics controversial subjects, participation in litigation experts.

Fourthly, to the personal property of the spouse in accordance with paragraph 2 of Art. 34 of the Family Code of the Russian Federation include amounts of material assistance, amounts paid to him in compensation for damage in connection with disability due to injury or other damage to health, as well as other payments for a special purpose (assistance in connection with the death of close relatives, etc.).

As noted earlier, spouses have the right to conclude any transactions between themselves that do not contradict the law. Therefore, by agreement, they may transfer any thing from the common property of the spouses to the personal property of one of them.

Each of the spouses owns, uses and disposes of personal property independently, at their own discretion. It follows that the consent of the other spouse is not required for the alienation of personal property (donation, sale, barter, etc.) and other transactions at his disposal (pledge, lease, will). However, it must be taken into account that general provisions laws relating to the personal property of the spouses may be changed by agreement of the spouses through the conclusion of a marriage contract.

It should be borne in mind that in accordance with paragraph 4 of Art. 38 of the Family Code of the Russian Federation (and in it the legislator has already fixed the previously established judicial practice as a rule of law), the court may recognize the property acquired by each of the spouses during their separation upon the actual termination of family relations, the property of each of them. This norm should be seen as an exception to general rule, since the law binds the occurrence of certain legal consequences(in particular, the emergence of property rights and obligations of spouses and their termination) with a marriage concluded in the prescribed manner, and, accordingly, with a divorce, also properly executed (in the registry office or in court). Therefore, the court has the right, but not the obligation, to recognize the property acquired by the spouses during the period of separation caused by the actual breakdown of the marriage as the personal property of each of them. Moreover, the source of acquisition of property by the spouses during this period can be their common, and not personal funds. Separation of spouses caused by circumstances of a different nature (study, service in the Armed Forces, long business trip), cannot affect the principle of community of property acquired in marriage.

The law allows, under certain conditions, the possibility of transforming the personal property of one of the spouses into their joint property. This is possible if it is established that during the period of marriage, at the expense of the common property of the spouses, the personal property of the other spouse or the personal labor contribution of one of the spouses, investments were made that significantly increase the value of this property (major repairs, reconstruction, completion, re-equipment, etc. .). In this case, the determining factor is the ratio of the real value of the property before and after the said investments, since there is no specific definition of a significant increase in the value of property in the law. An increase in the value of a property can result from material costs, and the direct labor contribution of the other spouse (for example, capital repairs of property, restoration). In practice, this rule is applied by the court mainly to real estate objects (residential houses, apartments; garden houses, etc.), although very expensive improvement and re-equipment or repair of other property (personal computer, home video center, car, etc.) is not excluded. P.). If the marriage contract between the spouses provides for other grounds for recognizing the property of each of the spouses as their joint property, then this rule cannot be applied.

The considered provisions of family law on the joint property of the spouses and the property of each of the spouses in accordance with paragraph 6 of Art. 169 of the Family Code of the Russian Federation also apply to property acquired by spouses before March 1, 1996, that is, before the entry into force of the Code.

The grounds and procedure for the division of property jointly owned by the spouses are regulated by Art. 38 of the Family Code of the Russian Federation. As for the dispute on the division of property of persons who are in family relations without state registration of marriage, then, as noted earlier, it should not be resolved according to the rules of Art. 38 of the Family Code of the Russian Federation, and in accordance with Art. 252 of the Civil Code of the Russian Federation, which establishes the procedure for the division of property in shared ownership.

As follows from paragraph 1 of Art. 38 of the Family Code of the Russian Federation, the division of property jointly owned by the spouses can be made at the request of any of the spouses. In addition, it is also possible if the creditor claims to divide the common property of the spouses in order to levy execution on the share of one of the spouses in the common property of the spouses, when the personal property of the spouse is not enough for liability for his debts (we can talk about alimony obligations of the spouse, obligations from causing harm, etc.).

As a rule, the division of the common property of the spouses is carried out upon the dissolution of the marriage. Determination on the refusal of a claim in connection with reconciliation. . However, it is possible and permitted by law also during marriage. Therefore, the court does not have the right to refuse to accept a statement of claim for the division of property of the spouses on the grounds that the marriage between them has not yet been dissolved. The need for the division of the common property of the spouses may also arise after the death of the spouse in connection with the need to allocate the share of the deceased from the common property, which will be inherited.

It is fundamentally important that, according to paragraph 2 of Art. 38 of the Family Code of the Russian Federation, the common property of the spouses can be divided between the spouses by their agreement, that is, voluntarily, which also corresponds to the norms of civil law. The shares of the spouses in the common property during its division are recognized as equal, unless otherwise provided by the agreement between the spouses. The spouses can divide the property, both in equal shares and in a different proportion. Moreover, at the request of the spouses, their agreement on the division of common property can be notarized. A notary can issue both a husband and a wife a certificate of ownership of a share in common property, if the spouses do not assign specific items to each of them by agreement, but only wish to determine their share in the common property (Article 74 of the Fundamentals of Legislation on Notaries ). For its issuance by notaries of state notary offices or authorized to do so officials bodies of executive power are charged a state duty in the amount of twenty percent of minimum size wages.

Exemplary examples of evidence are given in the monographic literature Vinogradov R.I., Lesnitskaya L.F., Panteleeva I.V. Notaries (in questions and answers) M .: Norma, 1994. P. 112 ..

In the event of a dispute, the division of the joint property of the spouses, as well as the determination of the shares of the spouses in this property, as follows from paragraph 3 of Art. 34 of the Family Code of the Russian Federation, is carried out in court. Size state duty from statements of claim on the division of the common property of the spouses is determined as a percentage of the price of the claim Appendix B. Decision of the Justice of the Peace of SU No. 1 in Belovo Claim by Fedotov V.I. to Fedotova N.I. on the division of a residential building.. Thus, according to the claim Fedotova The.AND. to Fedotova N.AND. on the division of a residential building, the court ruled to divide the living space in kind, that is, to convert the residential building by dividing it with a wall and build a second entrance into the residential building, and to divide the costs of re-equipping the residential building in equal shares between the former spouses. The court also ruled on the return of the state duty by the defendant to the defendant, the amount of which is calculated from the amount of the disputed property.

It should be borne in mind that according to Art. 133 of the Civil Procedure Code of the Russian Federation, when one of the spouses files a claim for the division of the common property of the spouses, the court or judge may take measures to secure the claim. This is allowed at any stage of the civil process, both at the request and petition of the interested spouse, and at the initiative of the court (judge). In particular, the following measures may be taken to secure the claim: seizure of property or sums of money belonging to the defendant and held by him or other persons; prohibition on the defendant certain actions; forbidding other persons to transfer property to the defendant or to fulfill other obligations in relation to him, etc. Moreover, in necessary cases, several types of securing a claim may be allowed. A ruling on securing a claim shall be enforced immediately in accordance with the procedure established for the execution of decisions.

To the requirements of divorced spouses on the division of property acquired by them during the marriage, in accordance with paragraph 7 of Art. 38 of the Family Code of the Russian Federation, a three-year limitation period applies. At the same time, the three-year limitation period for claims for the division of property that is the common joint property of the spouses whose marriage has been dissolved should be calculated not from the time of termination of the marriage, but from the day when the spouse found out or should have found out about the violation of his right to common property. Plenum of the Supreme Court of the RSFSR dated February 21, 1973 No. 3. p. 9 ..

Considering the claim of a spouse (spouses) on the division of common property, the court must first determine the size of the spouses' shares in this property. In deciding this issue, the court is guided by Art. 39 of the Family Code of the Russian Federation, which establishes the principle of equality of the shares of spouses in their common property. Other can be established only by the contract between spouses. The principle of equality of the shares of spouses in the division of common property corresponds to the basic principles of family law, as well as the requirements of civil law, and is applied regardless of the amount of income of each of the spouses during the marriage and the type of their activity. However, in individual cases if there are certain grounds, the court has the right in accordance with paragraph 2 of Art. 39 of the Family Code of the Russian Federation to depart from the rule of equality of the shares of spouses in their common property and increase the share of one of the spouses in the common property at the expense of the other spouse. The basis for making such a decision may be primarily the interests of minor children. , who remain, for example, with one of the spouses. At the suit of Zuev N.V. In this case, Zuev filed a lawsuit against Zueva on the division of property. The court decided to allocate living space in the size of unequal shares, since it was taken into account that during the period of marriage the defendant lived with two minor children. The court may also take into account other noteworthy interests of one of the spouses. . In particular, the share of a spouse can be increased (and the other spouse's share, respectively, reduced) taking into account his disability, as well as in cases where the other spouse did not receive income without good reason or spent the common property of the spouses to the detriment of the interests of the family (alcohol abuse or drugs, gambling, lotteries).

Given in paragraph 2 of Art. 39 of the Family Code of the Russian Federation, the list of noteworthy interests of one of the spouses is not exhaustive. This enables the court to make a decision on the size of the spouse's share in the common property based on the specific reasons for the non-receipt of income by one of the spouses (study, illness, being on military service, stay in places of deprivation of liberty, inability to find a job, etc.) and other circumstances of the case. It should also be noted that the court has the right to deviate from the beginning of equality of shares in the property of the spouses in the presence of one of the specified in Art. 39 of the Family Code of the Russian Federation circumstances, as the law does not require their combination. Circumstances giving the court the right to deviate from the beginning of equality of the shares of the spouses must exist at the time of resolving the dispute on the division of property. The determination of the shares is made by the court in ideal terms (1/2, 2/3, 1/3, etc.), that is, as shares in the ownership right, and then, at the request of the spouses, the natural division of property is carried out according to the shares awarded to them.

The composition of the property subject to division includes common property (including amounts of money) acquired by the spouses during the marriage and available or held by third parties (rent, gratuitous use, storage, trust management, contract, etc.). ). When dividing property, the total debts of the spouses and the rights of claim for obligations arising in the interests of the family are also taken into account. The total debts of the spouses (for example, a loan from a commercial bank for the needs of the family) and rights of claim (for example, for securities - shares, bonds, bills) are distributed between the spouses in proportion to the shares awarded to them. The general obligations (debts) of the spouses, as follows from the content of paragraph 2 of Art. 45 of the Family Code of the Russian Federation, these are the obligations that arose on the initiative of the spouses in the interests of the whole family, or the obligations of one of the spouses, according to which everything received by him was used for the needs of the family (for example, a loan taken by the spouses from a bank for building a house, a loan agreement ). Total debt may be the result of joint infliction of harm by spouses to others.

The need for mandatory accounting for the division of property of spouses of all material assets acquired during the marriage is convincingly illustrated by the practice of the Supreme Court of the Russian Federation:

So, from the case file on the suit of Alekseev against Alekseeva on the dissolution of the marriage and the division of property acquired during the marriage (including the VAZ-21063 car), it is clear that the car, about which the dispute arose, was allocated to Alekseeva at her place of work for 100 thousand, rubles at a car cost of 430 thousand rubles as an incentive for a long conscientious work in connection with the 35th anniversary of the enterprise. This circumstance was not denied by the plaintiff either. At the same time, Alekseeva did not dispute the allegations ex-husband that the 100 thousand rubles she paid for the car were a loan at Alekseev's place of work, and recognized this amount as their common funds Kunitsin A.R. Samples of court documents (with comments on legislation and judicial practice) / Ed. Kutafina O.E. Moscow: New Lawyer. pp. 88 - 89..

Under these circumstances, the withdrawal of Krasnoarmeisky district court that the car is the property of Alekseeva cannot be considered correct, since the court did not assess the fact that it was bought with the joint funds of the spouses. The court also did not take into account that the purchase of Alekseeva's car at a reduced price at the place of work does not indicate that it was transferred to the defendant free of charge in the form of a gift and, therefore, should be recognized as her personal property.

In this regard, the Judicial Board civil affairs of the Supreme Court of the Russian Federation, in its ruling of February 10, 1997, indicated that a car allocated at a reduced price to one of the spouses at the place of work as an encouragement for conscientious work is to be included in the common property of the spouses when the court resolves a dispute on the division of this property, since payment for it was made at the expense of the joint funds of the spouses, and the circumstances of receipt of the car indicated by the defendant are not grounds for recognizing Alekseeva's personal property rights.

Justification decision The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation referred to the fact that, in accordance with both the previous legislation (Art. 34, 36, 38 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their joint property. When dividing the common property, the shares of the spouses are recognized as equal.

Spouses have the right to demand the division of all types of common property, including securities, deposits, shares, shares in capital contributed to credit institutions or other commercial organizations in the name of one of them, etc. At the same time, it is extremely important to establish the actual value of the property, taking into account its real prices not at the time of purchase, but on the day the property was divided. Here, one should take into account both the degree of its wear and loss of consumer value (vehicles with a long service life, televisions, audio and video equipment of outdated models, etc.), and, conversely, the possibility of a significant increase in the value of property due to inflation and other reasons (antiques, real estate, including houses and apartments, cottages, securities, etc.). If the court does not take exhaustive measures to correct definition the composition of the common property of the spouses and its value at the time of the decision, this will lead to unreasonable judgment Pchelintseva L. M. family law Russia: Textbook for universities. M .: Norma Publishing House, 2003. S. 202 ..

Considering the case on the division of the common property of the spouses, the court also determines the types of property not subject to division. So, from the composition of the property declared by the spouses for division (it is reflected in the inventory of property), the court excludes the property of each of the spouses (separate property). In addition, paragraph 4 of Art. 38 of the Family Code of the Russian Federation gives the court the right to recognize 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.

Items purchased solely to meet the needs of minor children are not subject to division (clause 5, article 38 of the Family Code of the Russian Federation). They are transferred to the spouse with whom the children live, and without any compensation to the other spouse. To such things, according to paragraph 5 of Art. 38 of the Family Code of the Russian Federation includes clothes, shoes, school and sports supplies, musical instruments, a children's library and other things not listed in the text of the article ( gaming consoles, cartridges, etc.). It is noteworthy that the law does not say in this case that these should be the common children of the spouses.

When dividing the common property of the spouses, the contributions made by the spouses at the expense of the common property in the name of their common minor children are not taken into account. Such deposits are considered to belong to children. It should be noted that this rule was previously applied in judicial practice, based on the explanations given in paragraph 7 of the Resolution of the Plenum of the Supreme Court of the RSFSR dated February 21, 1973 No. 3 (with subsequent amendments and additions). If one of the spouses makes deposits in a banking institution in the name of his child from previous marriage without the consent of the other spouse, but at the expense of common funds, then this contribution is subject to division.

Having established the composition of the property of the spouses to be divided and its value, the court determines what specific property is to be transferred to each of the spouses in accordance with this share. In deciding this issue, the court is naturally guided by the wishes of the spouses themselves. And if the spouses cannot come to an agreement, then the court awards the disputed items from the common property, taking into account all the circumstances of the case, to the spouse who needs them most (in connection with the state of health, professional activity, for raising minor children). The court may transfer to one of the spouses the property, the value of which exceeds his share, if it is impossible to distribute the property in accordance with certain shares. As established by paragraph 3 of Art. 38 of the Family Code of the Russian Federation, if property is transferred to one of the spouses, the value of which exceeds the share due to him, the other spouse may be awarded the appropriate monetary or other compensation (that is, things that are also subject to division) . Claim by Zelentsova T.I. to Myshkin S.N. on the allocation of a share of the apartment and monetary compensation ..

The question of monetary compensation may also arise in the division of property consisting of items professional activity(medical equipment, sewing machines, musical instruments, recording studio, etc.). In practice, the objects of professional activity are transferred to the spouse who carries out the relevant activity, and the other spouse is awarded appropriate compensation according to his share in the common property. Monetary compensation is awarded by the court to one of the spouses even if the court does not satisfy his demands for the allocation of a share from the common property in kind. So, in accordance with Art. 254 and 252 (clause 3) of the Civil Code of the Russian Federation, the court has the right to refuse a claim by a participant in shared ownership for the allocation of his share in kind, if the allocation:

a) is not permitted by law;
b) it is impossible to allocate a share without disproportionate damage to property located in common property.

Such damage should be understood as the impossibility of using property for its intended purpose, a significant deterioration in its technical condition or a decrease in material or artistic value (for example, collections of paintings, coins, a library), inconvenience in use, etc. Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 No. 6/8 “On some issues related to the application of the first part of the Civil Code of the Russian Federation. // BVS RF. 1996. No. 9. However, then this spouse must be paid the value of his share (in the form sum of money or other compensation) by the other spouse. Moreover, the payment of such compensation to the spouse instead of allocating his share in kind is allowed according to the general rule, only with his consent. Only in cases where the share of the spouse is insignificant, cannot be really allocated and he does not have a significant interest in the use of common property, the court may, even in the absence of his consent, oblige the other spouse to pay him compensation. The question of whether a spouse has a significant interest in the use of common property is decided by the court in each specific case on the basis of a study and assessment of the evidence presented by the parties, confirming, in particular, the need to use this property due to age, health, professional activity , the presence of children, other family members, including those who are unable to work, etc. Rules of Art. 252 of the Civil Code of the Russian Federation are also applied by the courts when resolving a dispute between spouses about the division of an indivisible thing - a thing whose division in kind is impossible without changing its purpose, for example, a car, a garage, one-room apartment, a musical instrument, etc. In some cases, taking into account the specific circumstances of the case, the court may transfer an indivisible thing to the ownership of one of the spouses who has a significant interest in its use, regardless of the size of his share, and to the other spouse, accordingly, award monetary or other compensation ( other property declared for the section of the corresponding value).

The impossibility of dividing common property in kind or separating a share in kind from it does not exclude the right of one of the spouses to file a claim for the court to determine the procedure for using this property, unless this procedure is established by agreement of the parties (we can talk about a residential building, apartment, land plot). When resolving such a claim, the court takes into account the actual procedure for using the property, which may not exactly correspond to the shares in the common property right, the need of each of the spouses in this property and the real possibility of joint use.

It must be borne in mind that the division of the joint property of the spouses made during the marriage means the termination of the right of common ownership only to the divided property. Therefore, that part of it that was not divided, as well as the property acquired by the spouses during the marriage in the future, is made up in accordance with paragraph b of Art. 38 of the Family Code of the Russian Federation their joint property, unless, of course, otherwise provided by the agreement between them.

Based on the foregoing, I consider it important to highlight that property relations, unlike non-property ones, need legal regulation, because property rights can almost always be exercised forcibly, and sanctions may be imposed for non-fulfillment of property obligations. In addition, property relations require certainty. Both the spouses themselves and third parties are interested in this: heirs, creditors, contractors.

Property relations can be divided into two groups: relations of marital property and alimony relations of spouses.

The family legislation of the Russian Federation provides for new norms, in contrast to the previous legislation, regulating property relations between spouses - the contractual regime of property of spouses - the conclusion of a marriage contract.

Legal regime of property of spouses is the mode of their joint ownership. He acts , unless the marriage contract provides otherwise. The joint property of the spouses is the property acquired by the spouses during the marriage concluded in accordance with the procedure established by law. Rules, statutory, the persons who have concluded the contract do not apply, even if the terms of the contract contradict the legal regime of the property of the spouses. When regulating the relationship of spouses, their property rights and obligations, a marriage contract will be applied, and not a law that determines the legal regime of property for all persons entering into or being married.

The actual family relations of a man and a woman without state registration of marriage, regardless of their duration, do not create joint ownership of property. The property relations of the actual spouses will be governed by the norms of not family, but civil legislation on common shared property.

In the case of division of property that is the common joint property of the spouses, their shares are recognized as equal. In some cases, the court may deviate from this rule, taking into account the interests of minor children or the noteworthy interests of one of the spouses. The share of one of the spouses, in particular, may be increased if the other spouse shied away from socially useful work or spent common property to the detriment of the family's interests.

When dividing property that is the common joint property of the spouses, the court determines which items are subject to transfer to each of them. In cases where one of the spouses is given objects whose value exceeds the share due to him, the other spouse may be awarded an appropriate financial compensation. A three-year statute of limitations is set for a claim for the division of property that is the common joint property of divorced spouses. Now, property rights and obligations can be established by a marriage contract, which will eliminate dissatisfaction with the injustice and imperfection of the legislation from former spouses dividing property.

So, after the Family Code of the Russian Federation was adopted, all doubts and illusions about the subject of the marriage contract disappeared. This institution of law has become an innovation in our legislation, comparable, perhaps, only with the consolidation private property. And if the establishment of the institution of private property made it possible to own movable and immovable property, then a marriage contract is one of the ways to exercise this right.

Property legal relations between spouses are public relations regulated by the norms of family law that arise between spouses from marriage, regarding their common joint property, as well as their mutual material maintenance.

Based on the definition, two groups of property relations of spouses can be distinguished:

Concerning their common joint property;

With regard to mutual material content: alimony relations between spouses.

When regulating the property relations of spouses, in addition to the norms of the Family Code of the Russian Federation, the provisions of the Civil Code of the Russian Federation are applied to the extent that they do not contradict the essence of family relations (Article 4 of the RF IC).

The current family legislation provides, depending on the will of the spouses, two possible legal regimes for the property of the spouses - legal and contractual.

Legal regime of property of spouses

In accordance with paragraph 1 of Art. 33 of the Family Code of the Russian Federation, the legal regime of property of spouses is the regime of their joint property. It is valid unless otherwise provided by the marriage contract.

Joint property, according to Art. 244 of the Civil Code of the Russian Federation, property is recognized without determining shares. Article 34 of the Family Code of the Russian Federation refers to the joint property of the spouses the property acquired by them during the marriage.

Property acquired by spouses during marriage includes:

The income of each of them from labor, entrepreneurial and intellectual activities;

Pensions, allowances, other cash contributions received by them that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage, in connection with disability, and others);

Movable and immovable things acquired at the expense of general income, securities, shares, deposits, shares in capital, contributed to credit institutions or other commercial organizations;

Any other property acquired by the spouses during the marriage, regardless of the name of which of the spouses it was acquired.

Thus, the list of objects of joint property of the spouses, contained in the law, is not exhaustive and any property that has not been withdrawn from civil circulation can be attributed to it.

Possession, use and disposal of common property of spouses

The procedure for the possession, use and disposal of the joint property of the spouses is defined in Art. 35 of the RF IC and Art. 253 of the Civil Code of the Russian Federation.

As a general rule, spouses exercise their powers to own, use and dispose of their common property by mutual agreement, which does not exclude the possibility of a transaction on the disposal of common property by one of the spouses. The rules for making such transactions are as follows:

~ when making transactions for the disposal of movable property that do not require notarization and (or) state registration, the written consent of the other spouse is not required, it is assumed;

~ when making transactions for the disposal of real estate or transactions that require mandatory notarization and (or) state registration, a notarized consent of the other spouse is required.

In addition to the grounds provided for by the Civil Code of the Russian Federation for invalidating transactions, the RF IC establishes special grounds for invalidating transactions on the disposal of marital property at the request of a spouse who did not participate in the transaction:

the transaction may be declared invalid on the basis of the lack of his consent, if it is proved that the other party to the transaction knew or obviously should have known about the disagreement of the second spouse;

the absence of the notarial consent of the second spouse when making transactions with real estate or transactions requiring notarization and (or) state registration is the basis for the day the transaction is recognized as invalid.

For these transactions, the plaintiff has the right to file a lawsuit in court within a year from the day when he learned or should have known about the transaction (clause 2, article 181 of the Civil Code of the Russian Federation and clause 3 of article 35 of the RF IC).