Civil marriage - are there obligations: a comment from a lawyer
Civil marriage - are there obligations: a comment from a lawyer
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Civil marriage in our time will surprise no one. There are situations when a woman simply puts up with this state of affairs, sometimes it is a conscious position of both, but it is important to know your rights.

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Today, no one is surprised by the situation when a man and a woman live together, lead a common life, give birth to children, may also have a common business, but they are in no hurry to register their relationship with the registry office or with a notary.

Olga Tarasenko - the family lawyer of the ILF company, a happy wife and mother of a 4-year-old son, told how partners can divide the acquired property if they live without a stamp in their passports.

In the understanding of the majority of residents of the post-Soviet space, civil marriage - this is cohabitation without marriage registration, although the same Google, for example, in response to the search query "civil marriage" gives a slightly different definition - a secular marriage or a marriage union registered and formalized in the relevant government authorities without the participation of the church.

There can be many reasons to live together without a passport stamp, and in any case, this is the right of a couple. But even a family without registration has mutual obligations. For example, for property acquired during such a joint residence.

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It doesn't matter if you bought a few pots and a vacuum cleaner or real estate, cars and business - everything acquired is considered common joint property. And it is divided like the property of the spouses acquired during the marriage - in half.

But with one peculiarity.If it is not possible to divide peacefully, a dispute arises and the parties go to court. In court, you must first of all prove the fact of cohabitation. Such evidence can be anything from shared children and bank accounts to photographs from a vacation at sea or testimony from neighbors. In practice, the process of proving the fact of cohabitation and division of property is quite lengthy and emotionally exhausting for the parties.

If a woman had no income, since she was engaged in housework, raised children, was ill, or others, this is not a reason for depriving her of her share in the common joint property.The Family Code declares the equal rights of each of the common-law spouses, regardless of whether they have independent income.

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Common property is disposed of by common-law spouses according to the same rules as registered ones. If, for example, you are selling an apartment, you must obtain the consent of your second spouse. When there is a mark on the registration of marriage in the passport, this rule works and it is almost impossible to draw up a deal without the consent of the second spouse.

Things are different with the common property of common-law spouses. The banal absence of a stamp in the passport allows the husband (if ownership is registered for him) to sell common valuable property without the consent of his common-law wife. If the husband keeps silent with the notary about the rights of his common-law wife to this property, the notary, when checking the documents and certifying the transaction, will not see the record of the marriage in the seller's passport and, therefore, will not require any consent to this transaction.

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In this case, you can hope for the integrity of your common-law spouse and the peaceful division of property, or act consciously and proactively.

For example, when buying valuable property for common money, it is better to immediately determine the shares of each and conclude deals for two:buy or invest an apartment for two in equal parts, draw up documents for the ownership of two. This will remove questions on the division of property in the future in the event of a conflict.Otherwise, you will have to prove and defend your rights in the courts.

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