Legal since 2003
provides services in resolving family disputes of any category of complexity to residents of St. Petersburg, the Leningrad region, and Moscow.
During this time, we won 97.3% of cases
, helped
more than 3,500 clients
, many came to us on recommendations.
We offer residents of other cities and regions of the Russian Federation to use our
family dispute.
This is a ready-made right solution to your problem.
acquainted with
- When is it necessary to prove the fact of separation?
- How to prove the fact of separation of spouses
- How to prove the fact of cohabitation of spouses
It often happens that before the official divorce of a marriage, spouses separate and live separately. All property acquired during this period is their personal property. Common debts repaid during this period will also be considered repaid by only one of the spouses.
How to prove the fact of cohabitation
- registration at one place of residence;
- maintaining a joint household, which includes paying for utilities (receipts), purchasing joint property (receipts and bills), carrying out repairs on a given living space (also receipts, checks, etc.).
- testimony of neighbors, acquaintances and friends;
- the presence of letters and other written evidence that speaks of cohabitation;
- availability of other documents confirming cohabitation, in particular photo and film documents.
Application for maintaining a separate household for social protection
*Documents: originals + copies Telephone of the city reference and information service for social protection of the population: (812) 334-41-44 Consultants are more willing to answer questions, give contact numbers and addresses when primary financial assistance has already been issued (the commission has recognized your family as poor).
(in our communal apartment, the total debt is about 50 thousand rubles - so what if these are not my (our) debts - I couldn’t prove anything - I couldn’t install a meter either - they installed a meter in my room - but for the commission he didn’t take any action It has). Please tell me, are all the help options described in the first message valid only in St. Petersburg, or in other cities too? And where can I see the regulations and laws regarding this assistance?
We recommend reading: Detailing of Expense Items 310
How to prove the cohabitation of spouses
The fact of living together can be proven by testimony, but the fact of joint budget management is almost impossible. Registered: 02/16/2005 Messages: 1315 From: Moscow Added: 10:15, Thu Jun 08, 2006 Message title: This will give you absolutely nothing, because your current wife has exactly the same rights as you to alimony, regardless of where they live whether they are together or not and whether they have the same budget or not, now the court will set a new amount of alimony based on two children, and accordingly your alimony will decrease.
Division of property of spouses: do not live together, but do not divorce
What may indicate the actual termination of family relationships? This is, of course, separate living. True, in court there may be problems with determining the moment in time when it began. But this may be indicated by facts such as the transfer of a child to another school due to moving with the remaining parent, the purchase or rental of real estate, witness statements, etc.
The normative basis for this situation is paragraph 4 of Article 38 of the Family Code of the Russian Federation. It states that the court may recognize the 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.
Evidence of cohabitation
It is typical that when running a common household, the costs and labor of both or one of the persons living together are aimed at satisfying common family household needs (cooking, washing, cleaning, purchasing food and household items). Thus, we are talking about the existence of a stable de facto family relationship between the child’s mother and the defendant. The law does not require that their cohabitation and management of a common household continue until the birth of the child, and the duration of such relationships is not established by law.
Separate farming
In 1995, the marriage purchased a car. The spouses have not lived together since 1997 (they maintain a separate household). The husband issued a power of attorney with the right to sell to a stranger who sold this car. The wife didn't know anything. Can a wife demand during divorce proceedings?
Since the ex-spouse insists on separate management of the household, let him prove this fact, however, based on paragraph 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation, which is mandatory for the interpretation of the rules of law by the Courts, the emergence of the right to inheritance is not associated with cohabitation or management of the household. Using the january norm, you have the right, in my opinion, to claim ½ of the cost of the car
Evidence of cohabitation
According to the population census of the year, there are approximately 4.4 million unregistered families in Russia. People live with each other for years, acquire common property, give birth to children, but for some personal reasons they do not sign their names, which means they are not a family from the point of view of the law. That is, although they have all the signs, rights and responsibilities of a family, they cannot fully protect their family rights.
We recommend reading: Types of permitted use of land, classifier
What to do in case of refusal to recognize a marriage
In practice, 99% of cases considered by courts for the recognition of civil marriages end in refusal. The only reasonable solution is to register the relationship in the manner established in Russia, through the civil registry office. The family automatically falls under state protection in accordance with the provisions of the Family Code.
Otherwise, the resolution of all material and non-material issues for persons in informal cohabitation takes place within the framework of civil law relations for each member of such a family - individually.
Evidence establishing the fact of cohabitation
Advice from judicial practice
- If establishing the fact of residence is necessary to determine the place of opening of the inheritance, it is enough to apply for a court decision by application. In this case, the state duty will be 200 rubles for each claim.
- If the right to privatize an apartment or recognize ownership rights depends on information about your place of residence, it is better to submit a statement of claim to the court and pay the fee at the rate specified in Art. 333 Tax Code.
- Temporary residence will not determine the place of opening of the inheritance.
- When establishing paternity, in addition to evidence of cohabitation, one or a series of examinations must be done.
- To recalculate compensation for housing and utilities, you don’t have to go to court at all if you take a certificate from the State Housing Administration or draw up an act with the participation of neighbors and a representative of the service organization.
- A certificate from a local police officer, from a clinic, or from social security authorities can serve as good evidence in cases of establishing such facts.
What property cannot be divided during divorce?
However, if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses that significantly increased the value of this property (major repairs, reconstruction, re-equipment, etc.), then this property may be recognized as the joint property of the spouses (Article 37 of the Family Code of the Russian Federation). Can my spouse claim property that I received as a gift or by inheritance? No. Property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions is his property (Part 1 of Article 36 of the Family Code of the Russian Federation).
However, it is necessary to understand that the fact of receiving property as a gift must be documented. If you have been given something, draw up a gift deed. Married.
A sample agreement on the division of property must include the data of the spouses, the circumstances of the time, the subject of the agreement (property, except for what is not divided) and the procedure for its legal use. The agreement must be voluntary and signed by both spouses. The determination of shares is carried out on the basis of an agreement, even if it contradicts the shares established by law (within reasonable limits), since the Supreme Court in Russia recognized that the voluntariness of the conclusion presupposes full agreement with the points of the document.
This agreement is accepted for consideration in court in property disputes. Civil registry offices can request an agreement only in rare cases; usually a court order, including the division order, is sufficient. Read more about the property division agreement in this article.
Division of property in court Judicial practice on division of property is widespread.
Attention
The notary must provide the following documents:
- passport;
- death certificate of the spouse;
- Marriage certificate;
- will (if any);
- certificate from place of residence;
- inheritance documents;
- confirmation of payment of state duty.
The full list of documents is determined by the notary. If the valuables were acquired after the wedding, it is necessary to submit an application for the allocation of the marital share, which should be notified to all interested parties. The result of the action will be the receipt of a certificate of inheritance.
- Article 41 SK:
- “A contract called a “nuptial agreement” can be concluded by spouses both before marriage and after registration. In such an agreement, the spouses themselves have the right to resolve the issue with the apartment on a voluntary basis.”
USEFUL INFORMATION: Why men return to their ex-wives after divorce
Recognition of housing as the property of one of the spouses.
- Article 36 SK:
- “Property that one of the spouses received free of charge (by inheritance or gift) is his property.”
To implement this method, the participation of relatives on the spouse’s side is necessary, who are able to confirm the fact of receiving the apartment free of charge.
Debt method.
Details about the peculiarities of the division of joint property are written in the article “How to divide property during a divorce”, from which you will learn: does it matter which of the spouses received income during the marriage, to whom the property is registered, and also in what cases the property is not divided in half and much more. In this article, we will help you deal with other equally important issues related to the personal property of spouses. What is considered the personal property of one of the spouses The personal property of one of the spouses is considered to be property acquired before marriage, and also, in some cases, property acquired during marriage. Let's look at these two categories in more detail. Property acquired before marriage is considered personal property in almost all cases.
Lawyer Semensky Alexander Anatolyevich - STATEMENT ON ESTABLISHING THE FACT OF CO-RESIDENCE
In addition, if a woman and a man lived for a long time (what time is considered long - in the event of a dispute, only the court can decide) lived as one family without registering a marriage, the one of them who became disabled during their cohabitation has the right to be supported by the second spouse even after termination of such residence. In this case, the same rules apply as for spouses who have divorced an officially registered marriage (including the possibility of demanding alimony payments). Also, one of the common-law spouses (regardless of gender) with whom their common child lives has the right to be supported by the other common-law spouse under the same conditions as established by law for official spouses.
Lawyer Anisimov Representation and defense in court
A civil marriage, that is, the cohabitation of a man and a woman in the same territory and their management of a common household, can give rise to certain rights and obligations, even though the couple is not officially married. In particular, all purchases made during this period are recognized as jointly acquired property and are subject to division.
But not everything is as simple as it seems at first glance. The evidence base is formed from the following series of documents: payment documents (checks, invoices, agreements with financial institutions and/or banks, utility bills) that make it possible to clearly speak about your participation in joint life as a payer. Confirmation of such participation is the indication of last name, first name and patronymic in documents, payments from bank cards, payments made using terminals with a video camera. In everyday life, few people pay attention to such little things as the need to fill out a receipt or put a signature on a payment document, if its presence is not required.
They want to equate cohabitants with official spouses: who benefits from this?
Limitation period It is possible to divide property within three years, from the moment one of the former spouses finds out that their rights have been violated. Equality of shares is often revised Equality of shares, which is accepted by default, can be revised. For example, shares in real estate are reviewed in court if evidence of intentional concealment, damage or intentional loss is presented. The basis for allocating a larger share of property may also be the residence of joint minors or disabled children with one of the parties. But a child may be grounds for allocating a larger share to the parent. Property rights of children during divorce Children do not have rights to property divided during the divorce of their parents.
