In Russian legislation there is no such term as civil marriage. The phrase "Civil marriage" in other words is "common-law marriage". Hence all the consequences associated with the possible division of property in it.
Family Code guarantees equal property rights for spouses. To divide the property equally passport endorsement is needed. Without this all the guarantees of the spouses provided for by the Family Code and the Civil Code become inapplicable to them regarding property division.
For example, property bought by common-law partner for common funds and registered for one, will be only the property of the named owner. The second party will have to prove to the court that the property should be registered for two.
How to determine the share to which a common-law spouse is entitled?
Registration of the right of ownership of an apartment for two should be motivated just by the fact that the couple lived together, and by specific amounts paid by each of them for the apartment. Moreover, even if one of the parties proves the payment of a certain amount, then it has the right to demand a share proportional to the contribution to the apartment. For example, if an apartment was bought by the one party for $ 100, and the cohabitant contributed $ 10, then she can claim only 1/10 of the share in the ownership of the house. In an official marriage, in case of divorce, everything would be divided equally.
How to prove in court that the property was acquired for two, i.e. each paid money for the acquired property?
It can be confirmed by written evidence by account statements, bank transfers. The document should show that money was transferred for the purchase of a specific apartment from certain account. Indirect evidence can be testimony about the fact of cohabitation, but that is not enough without written evidence. But they can only confirm living together.
Written evidence of joint farming can be, for example: contracts for the sale of household appliances, in which one of the cohabitants is entered as a buyer; an agreement, for example, for telecommunications services (Internet and cable TV), which again will contain the phone number or full name of the roommate; documents confirming the order of furniture at the specific address in which the phone number or the recipient of the goods is indicated; contracts for the renovation of an apartment and the installation of, for example, windows or kitchens, etc .; receipts for payment for utilities with a mark by the HOA about who made them to the cashier. If during the period of cohabitation children were born to cohabitants, then this significantly increases the chances of proving cohabitation and, as a result, incurring the costs of buying a home.
How to protect yourself from possible litigation over the division of property in a civil marriage?
If you are common-law spouses and are just going to acquire property (apartment or house), then simply always register a share in the right of the specified property. Thus, in the event of a divorce from your common-law spouse, your ownership will be undeniable.
The division of property in a civil marriage is a rather pressing problem, which can be quite difficult for a deceived spouse to solve in court without the professional support of a lawyer. Our law firm specializes specifically in divorce proceedings.
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