Russian Legislation Family Code Russian Federation (RF IC) Section III. Rights and obligations of spouses Chapter 7. Legal regime of spouses Article 38 of the RF IC. The section of the common property of the spouses 1. The section of the common property of spouses can be produced both during the period of marriage and after its termination at the request of any of the spouses, as well as in the case of the claim by the creditor, the claim on the section of the common property of spouses for the recovery of one of the spouses in The total property of spouses. 2. The common property of spouses can be divided between spouses by their agreement. At the request of the spouses, their agreement on the division of common property can be notarized. 3. In the case of a dispute, the section of the common property of spouses, as well as the definition of the share of spouses in this property is carried out in court.
Sun corrected the practice of the property section between the former spouses
Question: We have a studio apartment (when buying I designed it on my spouse) The car is well and of course everything is in the apartment if at the birth of the baby I will execute my fatherhood on a child and it will also be registered, when divorced, what role will it play? And it will not work so that I will stay without my half of the priority? Does it matter when you divorce the fact of paternity, that is: from me the baby was born or not? Please understand me correctly, I unpleasantly ask such questions, but unfortunately my life led me to this feature. I do not want people cynically playing my feelings to still native and close to me, I just want to protect myself.
Article 38 of the RF IC. Section of the common property of spouses
Also, read how to submit to alimony when divorced. To content when the property is not divided into equally? However, everything changes if imputed argumentation sounds at the court. For example, if one spouses did not work without any reason, he led the immoral lifestyle, his behavior was damaged by property, then in such a situation the court may decide to which it will reduce the proportion of this spouse from jointly property. It happens that one of the spouses (more often it is a husband) drinks, for a long time Nowhere works.
The family on this soil occurs daily scandals, passing into a fight, accompanied by damage. The spouse can carry things out of the house to sell them for a scentual and get a new dose of alcohol or drugs. But in such situations you need to take into account that there will be few words on the court.
Arbitrage practice. Section of the property of spouses after a divorce
As established by the court, the source of the acquisition of the disputed apartment was the funds received by P. for a gratuitous transaction, as well as partially jointly htched spouses. According to the explanations contained in the fourth paragraph of paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15 "On the application by the courts of legislation, when considering the divorce affairs," is not a common joint property acquired although during a marriage, but On the personal funds of one of the spouses who belonged to him before marriage, received as a gift or in the order of inheritance, as well as things of individual use, with the exception of jewels and other luxury items.
Property division
They are the data on the availability of funds before marriage, about selling some property, the reversed money from which we went to repair. Very good, when all changes in the apartment or the car were made in a timely manner in the suggestion. This increases the likelihood that the trial decision will be made in the court.
If the money under the pillow went to increase the value of the property, and their origin is unknown, then to prove something in court will be very difficult. to the content estimate of the cost of the apartment, car, etc. How is it usually an assessment of the cost and a section of various properties, such as an apartment or a car? For general cases, the court is absolutely no difference as it costs. Cost information that indicate documents issued by the technical inventory bureau is usually much lower than the market.
Situations from judicial practice in the division of property during divorce
During the court session and the examination, it was found that the cost of one-room apartment is two times less than a three-room. Accordingly, half of this apartment belongs to a spouse for joint ownership rights. Her refusal to ownership of the apartment in this case did not matter.
When divorced sometimes it happens that one of the spouses deliberately hides all documents for property. As judicial practice shows, it is not so difficult to get out of this situation. To do this, in court, you can declare a petition for the recovery of documents, or to obtain their duplicates in relevant institutions.
To the content where to see the court's decision? Where can I see the court's decision on specific cases, including the Supreme Court? Court decisions can be seen without leaving home. To do this, it is enough to have a computer and an internet connection.
An error occurred.
When divorced, the argument that the apartment was repaired on the personal funds of his wife, will be taken into account and it is possible that by the court decision, it will be part of this apartment. The same applies to other personal property, which as a result of repairing the personal funds of another spouse changes its cost aside. If the car belonging to the marriage spouse cost 300 thousand rubles, and during the marriage the husband repaired her for his funds and it began to cost 700 thousand rubles, he has the right to claim part of this car after a divorce.
But, it is necessary to take into account that this is true only when the repair was carried out for personal means of one of the spouses. Its current revenues are not treated and are considered jointly charged.
Judicial practice of the property
Important
The harder the case, the more documents in the case you need to recruit, more witnesses to interview, the more time it will take more time. You can count on a quick solution if both sides immediately come to mutual consent. Taking into account possible temporary and financial costs, at the beginning of the process it is worth thinking about finding some compromise with its former spouse or spouse.
Perhaps it is worth some requirements and yield. At a minimum, it will save time, and as a maximum, it will significantly save not only money, but will allow you to stay in normal relations With former half. If something is left for you incomprehensible, perhaps you will help this video: Didn't find answering your question? Learn how to solve your problem - call right now: it's fast and free! Did you like the article? Keep track of site updates in contact or twitter.
Marriage contract. Joint property of spouses. property division.
Attention
But it must be borne in mind that not all that will assert the one or another side of the process will be taken into account. If the spouse will accuse his wife that she never worked anywhere, everything was bought for his money, then the court would not even respond to the reasons mentioned above. This is a very frequent argument at the trial, after which the spouse or spouse is perplexed why they were not heard and even suspected conspiracy and corruption.
But the reason for this is simple - existing legislation. The wives at the trial often gently bend a stick, demanding to give everything or most, because children remain with them. The maximum, to which they can additionally count on this, so it is on the property that is expected to children and which is transmitted when divorced by the parents, with whom these children remain.
By the way, about the order of divorce through the court in the presence of children you can so much here.
Making the conclusion that the disputed apartment refers to the joint property of the spouses, the court proceeded from the absence of conditions for the distribution of share in the apartment in the contract. At the same time, the court did not take into account that obtained by P. as a gift Cash in the amount of 1,750,000 rubles. And the apartment spent on the purchase was the personal property of P., since in conjunction during the period of marriage with the plaintiff did not acquire and were not a total income of the spouses. The introduction of these means to buy an apartment does not change their nature of personal property P.
Thus, the share of the sides in the right of ownership of the apartment was to be determined proportional to the nested personal cash The defendant and joint funds of the parties.
Section of property after 15 years of living judicial practice
The term of the property claim is three years, and he has expired at the time of filing documents. This is, first. And, secondly, the money was spent on the needs of the family, and therefore are not subject to section. There were only household appliances and furniture, which were purchased during the marriage, and which make up shared property.
This property is the court and divided. to the content example number 2 two years before filing documents for divorce, the husband sold his one-room apartmentwhich belonged to him for personal property rights. Decavoring money, the family buy a three-room apartment, but the spouse refused to ownership of it. When divorced, it submits an application for the section of the apartment.
The court makes a decision on which it is put on the amount of money, equivalent to a quarter from this apartment.
Inherited property is not divided into jointly acquired property, this property is not included, which was acquired by spouses before or after marriage, or was inherited or donated to any of them personally. If the spouses during the marriage lived in an apartment that got a spouse inherited from parents, and jewelry She went to her inheritance from mom and grandmother, and at that time her spouse traveled by car, which was acquired before marriage, then all this property is subject to the division. Learn more about the procedure for the property of the property can be found here.
Not everyone knows the name of the wedding anniversary. For example, people lived together for 15 years: what is the wedding? In addition, it is necessary to have a submission not only about the name of the celebration, but also about the traditions of its holding, gifts that are taken to present spouses on this day, etc.
So, 15 years of wedding - what is this anniversary? Initially, the names for such dates began to invent in Germany, even in the Middle Ages. They are closely connected with what it should be given to such a celebration. It has been established that 15 years is a crystal wedding. In some nations, it is also called glass, that is, clean but rather fragile.
Famous traditions
Before thinking that to give to a glass wedding, you first need to deal with the traditions of this holiday. In the 15th century in Germany, she was called purple, and her symbol were violet flowers. In some states, the term of 15 years is called a rag wedding. So the symbol will be appropriate.
In other countries, this date is considered a rag wedding and violet
In the CIS countries, the 15th anniversary of the wedding is also considered to be crystal or glass, so the crystal and glass is used as symbols. This is due to the fact that the marriage over the years is tempered as glass, but also becomes transparent as a crystal. The last material is considered strong, clean and ringing. It overflows to light, but it is still fragile.
If a man and a woman together, then their relationship is clean, transparent, but durable. Relationships remain beautiful, but still fragile. Even a careless word can destroy the family.
The 15th anniversary of the wedding symbolizes the happiness of two people. They have already learned to appreciate their relationships and each other after long joint years. 15 years of marriage is a lot. Not every family is capable of reaching such a holiday. But if her husband and wife managed this, then approach the celebration is very careful. 
Since the crystal, or glass, wedding (15 years) is celebrated by many centuries in a row, then various traditions have been formed that need to follow. Here are some customs:
- In this anniversary weddings, the spouses should eat and drink only from crystal or glassware. It is believed that this will bring the family in the future success and happiness.
- When in the evening will congratulate the wedding anniversary for 15 years, then you need to drink champagne from crystal glasses, and then quickly smash them. Since it is also a glass wedding, it is allowed to replace the crystal glasses with glass. It is believed that relations will be even stronger and no effect will be able to break the family. This is one of the most beloved traditions.
- It is recommended to put a newly acquired wedding service on the table, as such dishes symbolizes the beginning of the new and is considered the next phase of family development.
- When a glass wedding is celebrated, beige and white serve traditional colors of this day. It is necessary to take into account, decorating the room.
Clothing for a holiday
There are traditions and rules that relate to the choice of clothes on the fifteenth anniversary of the wedding.
This celebration can remind the family about their youth, so the bride will want to put on a white outfit, and the wedding.
However, this is not necessarily. You can simply choose the evening dress of milk, peach, pearl, white and other similar shades. Spouse can wear white suit. But it will be enough for even one element of clothing of this color. For example, it may be a tie.
Choose the clothes of light tones on this day
For guests and people who wish to congratulate the family, the color limit is also installed. Do not choose clothes of white and black colors. The first is a symbol of the bride, and only she can wear it. Black color - mourning, so it will also be not to the place. But on the celebration you can put out the outfits of a turquoise, purple, green shade.
In addition, some nations believe that it will attract good luck and happiness not only a married couple, but also a person who is present in such clothes at the festival.
It is necessary to take into account the time of the day in which the celebration passes, pay attention to the situation. For example, when traveling to nature and in the sports club, an evening dress for women and a tuxedo or a jacket for men is definitely not suitable. If the celebration passes in home atmosphere, then such official clothes It will also look inappropriate. You can do without the evening outfit. For example, the dress is allowed to choose both long and short. But at the same time on the anniversary of the wedding (15 years) it should not look for business. As for men, you should not wear a T-shirt and jeans.
So that there is no confusion, it is recommended to first find out from the spouses, as the celebration will be held, in which place and with which company. In addition, you need to consider the age of invited people. Woman B. evening dress It will be inappropriate to look among young people in sports style clothes.
Symbolic gifts for spouses
What to give to a crystal wedding? This question often puts in a dead end of not only invited, but also the anniversaries themselves. Meanwhile, the choice of presents for the celebration is quite large.
A gift for 15 years of wedding should be touching.
In addition, it is necessary to take into account the nuances of the holiday. Many people think about how to give spouses. How many years they were together, but managed to overcome all the adversity and stay loving and gentle to each other!
Choose memorable gifts
The best options are best:
- Crystal vase. It should be put in it beautiful bouquet. it excellent giftwhich will disclose the meaning of the holiday.
- Any rhinestone jewelry. They will greatly delight her husband and wife. For example, a woman can give earrings, ring, beads, brooch and other similar products. A man is suitable ring or cufflinks.
- Decorative crystal figures. Now there are many such products. For example, you can buy animals or flowers. Choosing a statuette, you need to take into account the preferences of the spouses.
- Casket of crystal. It is perfect for storing jewelry.
- Crystal dishes. Select the service is easy. Now there are many options for beautiful dishes. You can buy not service, but, for example, glasses.
- Set of beautiful baubles from crystal. In specialized stores there are a large selection of such products, so you can push them a lot. It will bring good luck to spouses.
All this will be an excellent symbol of long and sincere love.
Another option is a trip to the Czech Republic. It is this country that is famous for its crystal dishes and other products.
A good gift for anniversaries will be tickets or paid tour.
In addition, you can record them on an excursion to the plant, where they produce dishes. And there to acquire special gift cards for spouses so that they themselves can choose a gift for a crystal wedding for themselves. Of course, such a trip will be expensive, but if you agree in advance with all guests and share the costs equally, then the costs will not be very large. But it turns out a unique, unique gift that the family is accurately remembered. As budget option You can purchase tickets to the theater, a museum and other institutions.
Travel will be the best opportunity for spouses to stay together
Since the wedding is even glass, you can choose products from glass. For example, you can buy various finished figures, and then scoring them yourself. It will be an original gift. If you approach the question of choosing responsibly, the name of the wedding is crystal and glass - they are just allowed for fantasy.
Other gifts
Not only the guests are thinking about what gives the 15th anniversary. Spouses also have difficulties with the choice of presents.
After 15 years life together A person already knows the tastes of his halves, but choose the original gift is still difficult.
In this case, you need to choose a gift with a highlight. For example, a woman can be handed a beautiful set of underwear or arrange a romantic evening for her. Such a gift will emphasize gentle and loving attitude Spouse to your wife. A good supplement will be a beautiful bouquet. 
As for the gift for a man, the following options will be suitable on the anniversary:
Most families after 15 years of living together have children. Those, in turn, also want to make a gift for parents. For example, such options will be suitable:
- Album with photos of parents. It will be very touching.
- Postcards made with your own hands. They need to enter wishes.
- Knitted things made with their own hands.
- Any products that children have made for their parents independently.
- Cake cooked by a child. You can write touching congratulations on it.
- Paired key chains or pendants.
- Decorate the house with various photos of the family, balloons, ribbies.
Congratulations
Congratulations on the wedding anniversary (15 years) are considered secondary, but they also need to pay attention. Usually people just buy postcards and do not even pay attention to poems.
And this approach is wrong.
Ideal congratulations on the Wedding Day should show all the love and respect for the perpetrators of the celebration. Be sure to consider what it means for them 15 years from the day of the wedding. 
You can write a poem or a few sentences to reveal your attitude to the anniversaries, send wishes for the future life of the spouses, but in any case the congratulations need to be thought out independently. It will be fine if the text will indicate the names of the spouses, the day of their acquaintance and wedding. Creative congratulations invented by the person himself are much better remembered.
Ate with verses there are difficulties, but you can lay out your thoughts in prosaic form. This option will also be sincere. The main thing in this case is not to forget about the theme of the celebration and talk about specific people, and not to go to the description of the perfect love and other philosophical reasoning.
Congratulations on the Wedding Day, it is recommended to discharge only a couple of minutes. It will be the perfect option. By the way, you can come up with a small poem with both philosophical and humorous meaning. If the family loves movies, they can be compared with your favorite movie. The same applies to books and other artistic works. But to write such a congratulation with the 15th anniversary, it is necessary to know the family well, their tastes, preferences.
Crystal wedding (15 years of living) means a lot to the family. Husband and wife must realize what a big way they passed together, while maintaining tenderness and respect for each other. But the most amazing thing is that there are even more brighter moments further, which means that the family will only become stronger.
Changes in marriage contract Must be entered in writing with a certificate signature of the notary. Following the problems on marriage, divorce, alimony, we recommend to apply for a qualified practitioner lawyers family law: For Moscow and the Moscow region Phone: In Russian legislation, only two grounds for changing the marriage contract are listed: under a violation of significant conditions, such a violation should be understood, as a result of which one of the spouses lost to a greater extent, what could hope when signing the marriage agreement.
Marriage treaty joint property
To properly draw up the document, an example of a marriage contract is consistent with the completed, in which you can clearly familiarize yourself with the correct prescribing of essential conditions, the features of the compilation, the main details of the document. Such a sample can be found on the "Treaty-online" portal.
Marriage contract
In relation to the marriage contract it is what the marriage contract acts both in relation to the existing and the future of the spouses. In the latter case, the moment the entry into the marriage contract will be the time specified in the document. Conversely, the spouses are entitled to decide that the action of their marriage contract applies to the rights and obligations arising before its conclusion. Thus, it is possible to conclude a marriage contract for both future time and with the inverse strength.
Drawing up a marriage contract already in marriage
Hello. I am married. I want to buy an apartment in another city. Parents give me money to buy an apartment and want it to be personally mine to in the event of a divorce with my husband, she did not share in half. The husband agrees to the marriage contract. How to conclude it, not knowing the address of the apartment, which we will buy? The notary, to which we turned, said that without addresses it is impossible to conclude. Is it possible then to conclude a marriage contract for a period, for example, "in the period from May to June, the property purchased by spouses belongs to the one who acquired it" or is not done? We want to establish separate property only on this apartment.
Can the spouses conclude a marriage contract after 5 years of living together
RTS appealed to the court with a claim to the recognition of a marriage contract invalid. In the rationale for the claim, the plaintiff indicated that on October 14, 2000, marriage was registered between the plaintiff and the defendant. During the period of marriage, they acquired an object of unfinished construction, which is their joint property, namely the foundation, with a total area of \u200b\u200b80 sq.m., Liter "A". The cost of real estate at the time of purchase was 11160 rubles. The specified object of unfinished construction was registered for the defendant.
The legislation allows for the possibility of concluding a marriage contract not only when marriage is married, but at any time during marriage. The project of the marriage contract can be compiled and sign up to marriage, but it will enter into force only from state registration marriage.
Spouses after 15 years of living signed a marriage change agreement
Unfortunately, sometimes even the strongest decay marriage unions. This happens for various reasons. For example, a man left the family and left his wife with children, or on the contrary, the woman herself left her spouse. Nevertheless, property acquired in marriage remains. So what will happen to joint things after termination of marriage?
Ways to participate spouses in each other's income in accordance with the marriage contract may be the most diverse. Under the income refers to all types of wages and additional remuneration of spouses in monetary (national or foreign currency) and in kind. They include income from business entrepreneurial activities without the formation of a legal entity, in shares and participation in the management of the property of organizations, citizens. In addition, this includes and revenues obtained from use (for example, rental) property or land plot (Art. 136 GK). Revenues can also be obtained according to any other established laws. Spouses have the right to elect any way to distribute your income by setting, for example, that the income of each of them is separate ownership or the share ownership of spouses (with the definition of the share of each - 1/3 and 2/3, etc.).
The largest bank of the abstracts
Svetlana and Sergey Gladkovy * got married in March 2007 and soon thought about acquiring housing. In October of the same year, Svetlana took a loan in the amount of 750,000 rubles in Sberbank. Part of this money, namely 250,000 rubles, the spouses made as a departure for an apartment, the remaining amount was planned to be used for repairs, buying furniture and household appliances. In May of the next year, Gladkov became the owners of their own housing in Anapa, the Mortgage agreement with Sberbank for 2.25 million rubles. Also was issued for Svetlana, and Sergey performed as a guarantor on both loans. The only owner of the apartment in the certificate of ownership was Gladkov.
Why marriage contracts do not work: Sun explained how to share property
1. The marriage contract of the spouse is entitled to change the joint ownership regime established by law (Article 34 of this Code), to establish the regime of joint, equity or separate ownership of all the property of spouses, on its individual species or to the property of each spouse.
How to conclude a marriage contract after 17 years of living together
Imagine the following situation. Five years ago, a resident of Moscow took the provincial village, the average graduate educational institution. He has a promising business, she has a pretty appearance and culinary skills. A young spouse in order to protect the financial and property assets of its company in the event of a possible divorce, initiates the conclusion of a marriage contract with a young wife. According to his conditions, the husband owns 2/3 parts of the common property, the wife has the right to claim only 1/3.
Change and termination of the marriage contract
For example, you can agree that the purchase will belong to a family member, on whose name it is registered. In this case, a sample of a marriage contract for separate ownership will look something like this: "The car (motorcycle, house, plot) acquired in marriage is the property of a spouse, on whose name it is decorated."
All nuances of the preparation of the marriage contract - how to peacefully divide the property
"Since the marriage contract regulates the property relations between spouses, then, therefore, the subject of the contract is the property of both joint and each of the spouses," the "RG" explained in the federal notary ward. "So you can specify that, for example, in your country, you can in case of divorce in turn, all household appliances will take a wife, and the garage will get her husband. By mutual agreement, when concluding a marriage contract, the spouses can change the established Family Code joint ownership mode. "
Change does not count
The former spouse did not fulfill the duties, the spouse did not insist, they also agreed again.
Now the former spouse in order to avoid "never anything" wants to make changes, removing this duty (so that for example, for example, through court could oblige him), the spouse agrees to sign anything on this subject.
Conference Yurkluba
- The contract must have a written form. It must be a separate document containing new provisions or formulating both editions. marriage contract. To draw up a document, you can use a standard sample.
- The compiled document must be certified by the notary. Without notarial office, it is not a valid document.
