15.06.2019

General provisions on property relations between spouses. General characteristics of property relations between spouses

Personal and property relations between spouses

spouse property legal alimony

A registered marriage gives rise to personal (non-property) and property legal relations between spouses.

Personal legal relationships create the basis for the strength of a marriage and occupy a leading place in relations between spouses. The law establishes that each of the spouses is free to choose their occupation, profession, place of residence and place of stay. All issues of family life are decided by spouses jointly, based on the principle of equality of spouses. Spouses are obliged to build their relationships in the family on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of their children (Article 31 of the UK).

When entering into marriage, the spouses indicate what surname they will be named. They have the right to bear a common surname (husband or wife) or can remain with their premarital surnames, as well as add the surname of the other spouse to their surname (Article 32 of the CK).

It should be noted that the personal relations of the spouses cannot be fully regulated by the norms of law, therefore the law is limited by the indicated general provisions establishing full equality of both spouses in marriage and in the family.

The property relations of spouses consist of the possession, use and disposal of the property belonging to them and their mutual material support. The most important issue of property legal relations between spouses is the question of their rights to property, which presents certain difficulties for assimilation.

Premarital property remains the personal property of the spouse to whom it belonged before marriage. A different approach to property acquired in marriage. Spouses - husband and wife - work equally for the good of the family. It is impossible to calculate which of the spouses and how much labor and money invested in the acquisition of this or that property. A mother brings up children, runs a household, and it is impossible just because she did not have an independent income, to belittle her property rights. Therefore, all property acquired during the marriage is considered to belong to the spouses on the basis of joint ownership.

The law says about "acquired" property, ie on property acquired as a result of the activities of one or both spouses. The property acquired by the spouses during marriage (common property of the spouses) includes the income of each of the spouses from labor activity, entrepreneurial activity and the results of intellectual activity, pensions and benefits received by them, as well as other monetary payments that do not have a special purpose. The common property of the spouses is also movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of whom or by which of the spouses the funds were deposited (Article 34 of the SK).

Joint property, acquired even during marriage, but with the personal funds of one of the spouses, as well as property received as a gift, by way of inheritance or other gratuitous transactions (for example, in the case of gratuitous privatization of housing), is not joint. The property of each of the spouses also includes things for individual use (clothes, shoes, etc.), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the spouses' general income (Article 36 of the SK). At the same time, the property of each of them can be attributed to the joint property of the spouses if its value during the marriage has increased significantly due to the common property of the spouses (Article 87 of the SK). This rule applies mainly to housing buildings or apartments that have undergone major repairs, refurbishment, etc. during the marriage.

The disposition of the property in the joint ownership of the spouses is carried out by their mutual consent. When one of the spouses concludes a transaction for the disposal of common property, it is assumed that he acts with the consent of the other spouse. Of course, in practice, this assumption may not be true. Then the question arises about the possibility of challenging the transaction by the other spouse due to the lack of his consent to its completion. Since the recognition of the transaction as invalid in these cases affects the interests of the counterparty to the transaction, the Family Code allows the recognition of the transaction to be invalid only if the other party to the transaction acted in bad faith, i.e. she knew or knowingly should have known about the disagreement of the spouse to the conclusion of this transaction (Article 35). Otherwise, the transaction is valid. This rule does not apply to transactions for the disposal of real estate and to other transactions that require notarization and registration. Such transactions can be made by one of the spouses only after receiving the notarized consent of the other spouse. If consent was not obtained, and the transaction was completed, it can be challenged in court within a year from the day when the spouse learned about the violation of his right.

These general provisions of the law relating to the legal regime of the spouses' property (Articles 34, 36, 37 of the UK) can be changed by the spouses at their discretion by concluding a marriage contract. The possibility of concluding a marriage contract is one of the essential novels of the UK, therefore it is necessary to dwell in detail on the procedure for its conclusion and termination, as well as on its content (Chapter 8 of the UK).

The division of the spouses' common property, as a rule, is carried out at the dissolution of a marriage, however, the law does not prohibit the division of such a division during the marriage. If the spouses cannot agree, the division is made by the court. Based on the equality of both spouses, the law recognizes their shares in the common property as equal, but the court is given the right to deviate from the beginning of equality and increase the share of one spouse at the expense of the other. This is possible in cases where it is necessary to protect the interests of one of the spouses or minor children. In particular, the share of one of the spouses can be reduced if he spent property to the detriment of the interests of the family (drank, etc.).

Special attention should be paid to the grounds for the emergence of the spouse's alimony obligation. Such a claim is satisfied by the court if it is established: firstly, that the person who filed the claim is indeed disabled (has reached retirement age or is recognized as disabled, regardless of the disability group), and secondly, that he is in need, i.e. does not have any means of subsistence or the means received by him are insufficient to meet his daily needs (for example, receives a small pension). Finally, the third condition for the satisfaction of such a requirement is that the spouse to whom it is addressed must have the necessary funds to help his wife (husband) - Art. 89 SK

The wife also has the right to alimony during pregnancy and for three years after the birth of a common child, if the husband refuses to support her financially. In these cases, the collection of alimony does not depend on the wife's ability to work and her need. Alimony can also be recovered by the court for the maintenance of a needy spouse caring for a common disabled child.

A disabled needy spouse retains the right to receive alimony even after a divorce if his incapacity for work occurs in marriage or within one year after the termination of the marriage, and in exceptional cases - no later than five years after divorce (Article 90 of the SK). Marriage is a lifelong union, if one of the spouses dissolves it, he must take upon himself the support of his spouse, with whom he lived for many years, to whom he promised to share love in his youth, and bread in old age.

With the state registration of marriage, the law connects the emergence between spouses not only personal, but also property relations. Property relations between spouses, unlike personal ones, are practically all regulated in sufficient detail by the IC, which is due to both their essence and the need to introduce certainty into them both in the interests of the spouses themselves and third parties (creditors, heirs). Only a certain part of property relations are not subject to legal impact as directly related to the family's life (distribution of household responsibilities for cooking, purchasing food, etc.) and not accepting compulsory enforcement. No matter what property objects, about which property relations are formed, it is said, every time we are talking about property rights that have specificity.

These rights:

They belong to the number of alienated, except for cases provided by law;

May be the subject of various types of legal transactions;

They have a monetary value (material equivalent).

A fundamentally important feature of the property rights and obligations of spouses is that they are divided into the property of each of them and into joint property.

Property relations between spouses, regulated by the norms of family law can be divided into 2 groups:

1) relations regarding matrimonial property (that is, property acquired by spouses during marriage);

2) relations regarding the mutual material content (alimony obligations).

The rules of the UK governing property relations between spouses have undergone significant changes in comparison with the KBS. Unlike the previous legislation, the Family Code gives the spouses the right to determine the content of their property relations by concluding a marriage contract or an agreement on the payment of alimony. In the absence of a marriage contract or an agreement on the payment of alimony, or in the event of its termination or invalidation in the prescribed manner, the dispositive norms of the CK on the legal regime of the spouses' property (Articles 33 - 39 of the CK) or, accordingly, the norms on the alimony obligations of spouses ( Articles 89, 91, 92 SK).

The law provides 2 types of property regime of spouses:

A) legal regime - possession, use, disposal of property acquired by spouses during marriage, as well as its division is carried out according to the rules of Chapter 7 of Art. 33 - 39 SK.

B) contractual - property rights and obligations of spouses during marriage and (or) in the event of its dissolution are determined by its agreement, Chapter 8, Article 40 - 44 of the SK, in which they have the right to deviate from the legal regime of the spouses' property.

The provisions of Ch. 7 and 8 of the SK on the types of property regime of spouses corresponds to the content of paragraph 1 of Art. 256 of the Civil Code, which classifies property acquired by spouses during marriage to their joint property, unless a different regime of this property is established by an agreement between them.

The Civil Code does not provide for the possibility of any other mode of existence of common property, except for shared or joint ownership: "Property can be in common ownership with the determination of the share of each of the owners in the ownership right (shared ownership) or without determining such shares (joint ownership)" ( p. 2, article 244).

Imagine a situation when a certain object (for example, an apartment) is in the common shared ownership of several persons and one of the co-owners sells his share in the ownership right to a person who is in a registered marriage. At the same time, a marriage contract has not been concluded between the spouses, and the property acquired by the spouses during the marriage is their joint property. The buyer's spouse in accordance with paragraph 2 of Art. 35 SC agreed to the conclusion of the sale and purchase agreement by the spouse. As a result of the conclusion of such an agreement, the object will be owned by several persons, the spouses will have joint ownership of the purchased share. Meanwhile, notaries draw up, and the city bureau of registration of rights to real estate registers the common share ownership of the apartment, indicating as a co-owner only the spouse who signed the agreement

If the property is acquired in common ownership of three or more co-owners, even if two of the co-owners are spouses, then in this case the real estate can be acquired only in shared ownership, unless otherwise expressly provided by law

According to paragraph 2 of Art. 244 of the Civil Code, property can be in common ownership with the determination of the share of each of the owners in ownership (shared ownership) or without determining such shares (joint ownership). In other words, in order to establish that the object is in common shared ownership, the share of each owner must be determined, while in this case the shares in the ownership of the apartment by the spouses are not determined.

Consider a situation when a married couple who have not entered into a prenuptial agreement buy some property (for example, an apartment) and want each of them to have half the share in the ownership of the acquired property.

In accordance with paragraph 1 of Art. 33 SK, since a marriage contract has not been concluded between the spouses, the property they bought should go into their common joint property. The question of whether it would be lawful to include in the said agreement an indication that spouses A. and B. are acquiring an apartment in certain shares has not been resolved.

The city bureau of registration of rights to real estate registers any version of the contract - both in simple written form and in notarial one, not seeing any of these cases as a violation of the law.

In paragraph 1 of Art. 434 of the Civil Code states that an agreement can be concluded in any form provided for the conclusion of transactions, if a specific form is not established for contracts of this type by law. It is natural that the inclusion in the contract of sale of a clause defining the share of each of the spouses in the acquired property entails the emergence of a property regime for the spouses that is different from the legal one (in this case, the regime of shared ownership). In this case, equality or inequality of shares does not matter.

It is necessary to pay attention to the fact that a paid contract concluded in a simple written form, according to which any property is acquired into the common shared property of the spouses, is void on the basis of clause 1 of Art. 165 GK.

In accordance with Art. 34 UK property acquired by spouses during marriage is their joint property. It follows from this that when one of the spouses acquires real estate for a fee with the consent of the other spouse (provided that a marriage contract has not been concluded between them), this property goes into the common joint ownership of these spouses. The resulting right in accordance with Art. 164 Civil Code, Art. Art. 4, 12 of the Federal Law "On State Registration of Rights to Real Estate and Transactions Therewith" is subject to state registration in the Unified State Register of Rights to Real Estate and Transactions with It. In this case, along with other data, information about the copyright holders must be entered into the register. Thus, in this case, the notary must certify the contract under which the right of common joint ownership arises (this must be reflected in the text of the contract), and the registering authority must register the right of common joint ownership, indicating both spouses as the right holders. In practice, however, a contract is drawn up, in which only one of the spouses is indicated as the owner (title). Registration is made only of the rights of private (or common share) property of the spouse who signed the agreement. Thus, only one spouse is the title owner, and both are real.

This practice, firstly, does not comply with the law, and secondly, it creates problems in the further disposal of the acquired property, due to the fact that in the absence of the notary certifying the subsequent transaction, or the registration authority of the information about the seller's marriage, the rights of the seller may be violated the spouse, whose consent will not be obtained, which may lead to the recognition of the transaction as invalid in accordance with paragraph 2 of Art. 35 SK.

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Municipal educational institution

higher professional education

"Institute of Law and Economics"

Department of State and Legal Disciplines

Test

on the subject of Family Law

on the topic: "Property relations between spouses"

Completed: 3rd year student

Faculty of Law

Supervisor:

Demina N.N.

Lipetsk 2014

Introduction

Conclusion

Introduction

Marriage is not only a union between a man and a woman, but also a legal fact. From the moment of marriage, both of them acquire the status of spouses. Each spouse becomes the owner of the rights and obligations provided for by the rules of family law. The law connects the emergence of property relations between spouses with the state registration of marriage.

Property relations between spouses lend themselves to legal regulation much better than personal non-property relations. Therefore, while occupying much less space in comparison with them in the life of the spouses, they nevertheless constitute the majority of the relations of spouses regulated by law.

The relevance of this test is manifested in the fact that the property relations of spouses need legal regulation. Because, firstly, property rights can almost always be exercised forcibly and it is possible to impose sanctions for non-performance of property obligations. In addition, certainty is necessary in property relations. Both the spouses themselves and third parties are interested in this: heirs, creditors, counterparties.

The purpose of the test is to study property legal relations, which can be divided into two groups: Relationship concerning matrimonial property, that is, property acquired during marriage; Relationships about mutual material content, alimony obligations.

1. Relationship of spouses over property

The legal regime of the spouses' property means that the possession, use and disposal of the property acquired by the spouses during marriage, as well as the division of such property, are carried out in accordance with Chapter 7 of the UK. The contractual regime of the spouses 'property means that the property rights and obligations of the spouses during marriage and (or) in the event of its dissolution are determined by the agreement of the spouses, in which they have the right to deviate from the legal regime of the spouses' property.

The legal regime of the spouses' property.

The legal regime of the property of spouses is the regime of matrimonial property established by the dispositive norms of family law. Under Russian law, the legal regime of matrimonial property is the regime of joint property of spouses. The joint property of the spouses is the property acquired by the spouses during the marriage. There is the presumption that all property acquired during marriage is common property. Two conclusions follow from this presumption.

Firstly, a person who claims to classify property acquired during marriage as a common property does not have to present any evidence. A person who insists on the exclusion of such property from the community, on the contrary, must provide evidence. Secondly, all types of property acquired during marriage are considered common, regardless of whether a particular object is included in the list of common property by law or not. In order to exclude this or that type of property, on the contrary, it is necessary to direct the law that this category of property is the separate property of one of the spouses.

The UK lists the main types of common property. This is primarily the income of each of the spouses from labor and business activities, the results of intellectual activity, pensions, benefits and other monetary payments that do not have a special purpose. Common property also includes things acquired at the expense of general income, securities, shares, deposits, shares in capital contributed to banks and other credit institutions or other enterprises or organizations, as well as other property.

Even in the event that one of the spouses did not participate at all in the acquisition or increase of the common joint property, this does not entail the diminution of his rights if he did not receive income for valid reasons. The list of circumstances that are recognized as valid for non-receipt of income by one of the spouses is open. Such circumstances include the spouse's illness or study, the inability to find a job, and other reasons.

Joint ownership of spouses is characterized by signs characteristic of all types of joint ownership. In accordance with the Civil Code, joint ownership is, without shared ownership. During the period of its existence, the share of each of the spouses in the common property is not determined, the determination of the share is possible only when the joint property is divided, which simultaneously entails the termination of joint ownership.

Possession, use and disposal of joint property by spouses is governed by Art. 253 Civil Code and Art. 35 SK. Spouses have equal rights to exercise their property rights over common property. In accordance with paragraph 2 of Art. 253 of the Civil Code and clause 1 of Art. 35 SK the possession, use and disposal of common joint property are carried out by mutual consent of the spouses. Moreover, in cases where the transaction is made by one of the spouses, the consent of the other spouse is assumed. This means that the spouse entering into the transaction is not required to provide evidence that the other spouse has agreed to the transaction.

If one of the spouses enters into a transaction without the consent of the other, such a transaction is voidable. It can be declared invalid by the court on the claim of the spouse whose right has been violated. However, his claim is subject to satisfaction only if this spouse is able to prove that the counterparty of the spouse who made the transaction knew or knowingly should have known about the disagreement of the plaintiff spouse to the transaction. Transactions requiring notarization or registration - as a rule, transactions with objects of particular importance to the family, for example, a car, a summer residence. To make these transactions, one of the spouses must submit a notarized consent of the other spouse. If such consent has not been obtained, the injured spouse has the right to demand that the transaction be declared invalid in court within one year from the moment when he learned or should have learned about the transaction.

In addition to joint property, spouses own property that is the property of each of the spouses. This category primarily includes property that belonged to spouses before marriage, as well as property acquired during the marriage by way of inheritance, under a gift agreement or other gratuitous transactions. Property acquired in marriage is also considered separate, but at the expense of funds that are separate property or received from the sale of separate property.

The new legislation refers to the separate property of spouses not only property received as a gift or by inheritance, but also property received under other gratuitous transactions. The property of each of the spouses is also recognized as personal items (clothing, shoes, individual household items, etc.) acquired at the expense of common funds during the marriage. The exception is personal items that are luxury goods: jewelry, expensive fur products, etc.

In accordance with paragraph 4 of Art. 38 SK, the court has the right to recognize as separate property acquired by each of the spouses after the actual termination of the marriage relationship, but before the dissolution of the marriage. Separation of spouses is not enough to recognize property as separate. Separation must be linked with the intention to end the marriage.

Under certain circumstances, property that was originally separate can be transformed into a common property. The property of each of the spouses may be recognized as their common joint property if its value has been significantly increased due to the common property or property or the labor of the other spouse. The norms governing these relations (part 3, clause 2 of Art. 256 of the Civil Code, Art. 37 of the Criminal Code) are dispositive.

Spouses have the right to divide joint property at any time during the existence of the marriage, as well as after its dissolution. The demand for the division of joint property may also be filed by the creditors of one of the spouses who wish to foreclose on his share in the common property. In the absence of a dispute between the spouses, the division of property may be voluntary. In this case, the spouses enter into a division agreement.

If there is an agreement, the property is divided in accordance with this agreement. The spouses can divide the property not in equal shares, but in a different proportion. However, derogation from equality of shares should not violate the interests of third parties. If an agreement is not reached, the joint property of the spouses is divided in court. After the dissolution of the marriage, the former spouses have the right to file a claim for the division of property only within the three-year limitation period.

When the property is divided, the shares due to each of the spouses are determined. In accordance with Art. 39 SK the shares of spouses are recognized as equal, unless otherwise provided by the agreement between them. As noted earlier, the equity of shares is not affected by the size of each spouse's investment in the acquisition of common property. However, under certain circumstances, the court has the right to deviate from the principle of equality of shares.

First of all, an exception can be made if the interests of minor children so require. Property intended exclusively for children (children's clothing, school and sports supplies, books and other children's things) are generally excluded from the composition of the property to be divided and transferred to the spouse, with whom the minor children remain to live without any compensation.

The share of one of the spouses can also be reduced if he spent the common property to the detriment of the interests of the family. Most often, such a waste of property occurs when one of the spouses abuses alcohol or drugs. However, the application of such a measure is also possible in other cases of waste: for example, when spending property on gambling, lotteries.

Other reasons in connection with which the court has the right to deviate from equality of shares may be, for example, a serious illness or disability of one of the spouses. Determination of shares is first done in ideal shares, i.e. in shares in the law (for example, 50% of home ownership), and then, at the request of the spouses, the natural division of property is carried out and it is determined which things are awarded to which of the spouses.

In addition to things, the rights of claim belonging to the spouses and their general debts are also subject to division. The rights of claim can be embodied in the securities belonging to the spouses (shares, bonds, bills). Debts constitute the liability of the spouses' common property and are distributed in proportion to the shares due to the spouses.

If the joint property is divided without dissolution of the marriage, the property of the spouses that has not been divided in the same way as the property acquired by the spouses after the division is the joint property of the spouses. In the Family Code, a separate chapter is devoted to the marriage contract. 8, containing norms allowing spouses to develop marriage contracts on their basis.

Contractual regime of spouses' property.

One of the most significant novelties of the Family Code was the introduction of the institution of the marriage contract. For the first time, the conclusion of a marriage contract became possible after the entry into force of the Civil Code, since in Art. 256 of the Civil Code states that "the property acquired by the spouses during marriage is their joint property, unless a different regime of this property is established by an agreement between them."

However, before the adoption of the Family Code, it was extremely difficult to conclude a marriage contract. Spouses could only be guided by the general rules of civil law on contracts, which, given the significant specifics of the marriage contract in comparison with other contracts, was clearly not enough. In the Family Code, a separate chapter is devoted to the marriage contract. 8, containing norms allowing spouses to develop marriage contracts on their basis.

A marriage contract is an agreement between the spouses that establishes the property rights and obligations of the spouses in marriage and (or) in the event of its dissolution. The main legal goal of a marriage contract is to determine the legal regime of the spouses' property and their other property relationships for the future. A marriage contract can be concluded both before and at any time after the marriage. If the agreement was completed before the registration of the marriage, then it will enter into force not earlier than the registration of the marriage.

Since only spouses can be subjects of a marriage contract, the ability to conclude it should be associated with the ability to marry. If a person has not reached the marriageable age, he / she cannot conclude a marriage contract without the consent of parents or guardians until the moment of registration of the marriage. After marriage, the minor spouse acquires full legal capacity and has the right to conclude a marriage contract on his own.

The right to independently conclude a marriage contract should also be recognized for minors emancipated in accordance with Art. 27 of the Civil Code, since from the moment of emancipation they become fully functional. The marriage contract must be concluded in writing and notarized. Failure to comply with the form required by law entails the invalidity of the marriage contract.

Such requirements for the form are associated with the special meaning of the marriage contract, both for spouses and for third parties. This agreement is valid, as a rule, for a very long time and determines property rights and obligations for the future. Therefore, in securing these rights, clarity and certainty are necessary, which is achieved by giving it a notarial form.

The main element of the content of the marriage contract is the establishment of the legal regime of matrimonial property. Such a regime, determined by the marriage contract, is called the contractual regime of matrimonial property. When creating a contractual regime, spouses are given very broad rights. They can use as a basis the legal regime of matrimonial property - the regime of joint ownership, changing and supplementing it with one or another provision. For example, the contract may provide that all transactions over a certain amount will be made by each of the spouses only with the written consent of the other.

It is possible to exclude certain types of property from the community, for example, pensions or benefits, items of professional activity, additional income, jewelry, items used for hobbies. In these situations, the property relations of the spouses will be regulated simultaneously by the norms on the legal regime of the spouses' property in the part in which they are not changed by the marriage contract, and by the provisions of the marriage contract.

If both spouses have independent incomes, it is possible to determine in the marriage contract the ways of their participation in each other's income. If one of the spouses receives income, the procedure for the other spouse's participation in this income may be established by means of a marriage contract.

The marriage contract can also provide for the right to support the spouse, who, according to the law, does not have the right to receive alimony. If a marriage contract is concluded when the spouses have already been married for some time and have acquired certain property, it may concern the fate of the property already acquired. In a marriage contract, it is possible to provide for a change in the legal regime of such property both for the future, and with retroactive effect from the moment of marriage.

With regard to the marriage contract, another specific restriction is provided: the marriage contract should not put one of the spouses in an extremely unfavorable position. Otherwise, the contract is a voidable transaction and may be invalidated at the suit of the spouse whose rights have been violated.

Change or termination of a marriage contract is possible at any time by mutual consent of the spouses. An agreement on such change or termination must be made in writing and certified by a notary. Unilateral refusal to fulfill the marriage contract is not allowed.

If the marriage contract contains provisions governing the division of property between the spouses, they also generally apply after the termination of the marriage. A marriage contract can also determine the procedure for using property after divorce.

Family law also provides for special grounds for declaring a marriage contract null and void. The provisions of the marriage contract that restrict the spouses' right to go to court, governing personal non-property relations of spouses, the rights or obligations of spouses in relation to children, as well as provisions limiting the right of a disabled spouse to receive maintenance or contradicting the basic principles of family law are void.

2. Responsibility of spouses for obligations

property alimony legal spouse

In accordance with Art. 24 of the Civil Code of the Russian Federation, a citizen is liable for his obligations with all property belonging to him, with the exception of property, which, in accordance with the law, cannot be foreclosed. In relation to persons who are married, but who act in civil legal obligations not in the interests of the family, but in personal interests (for example, when buying a coat) or for obligations that arose before marriage, the law establishes that the collection of the obligations of one of The spouses apply primarily to the property of the given spouse, and only if this property is insufficient, the creditor has the right to demand the separation of the debtor's spouse's share from the common property in order to foreclose on it.

The right to demand the separation of the debtor's spouse's share essentially means the division of the spouses' common property. From Art. 255 of the Civil Code of the Russian Federation, it follows that if the allocation of a share in kind is impossible or the spouse objects to this, the creditor has the right to demand that the debtor spouse sell his share to another spouse at a price commensurate with the market value of this share, with the proceeds from the sale to pay off the debt. If the spouse refuses to acquire a share, the creditor has the right to demand in court the foreclosure on the share of the debtor spouse in common ownership by selling this share at a public auction.

For obligations directed to the needs of the family, both spouses act as joint debtors. In such cases, the execution is applied to the common property. If the common property is insufficient, the creditor has the right to foreclose on the property of each spouse individually, both in full and in part of the debt. If the property of one of the spouses is not enough to repay the debt, then the creditor has the right to claim the less received from the other spouse.

In cases where the court establishes that the common property contains things acquired by criminal means, or the property has increased at the expense of funds obtained in this way, the collection is applied to the common property. In accordance with the civil procedural legislation, a court verdict in a criminal case that has entered into legal force is mandatory for a court considering a case on the civil consequences of the actions of a person against whom the verdict was held, only on the issues of whether these actions took place and whether they by this person. The amount of compensation for harm is determined when considering a civil claim.

Civil law establishes a general rule according to which parents are responsible for harm caused by minor children. Moreover, if the parents are married, then according to Art. 31 of the RF IC, the foreclosure is applied to their common property. In accordance with paragraph 4 of Art. 1073 of the Civil Code of the Russian Federation, the obligation of parents to compensate for harm caused by minors does not stop even when the children reach the age of majority.

A certain exception to the general rule is the provision concerning the liability of spouses for harm caused by their minor children between the ages of 14 and 18 if they have any income or other property sufficient to compensate for the harm. In this case, the parents are responsible subsidiary (additionally) only in the missing part. As follows from paragraph 3 of Art. 1074 of the Civil Code of the Russian Federation, the obligation of parents to compensate for harm is terminated:

When these children reach the age of majority; when children, before reaching the age of majority, have income or other property sufficient to compensate for harm; when children, before reaching the age of majority, acquired full legal capacity (entered into marriage or emancipated, i.e. declared fully capable).

According to paragraph 1 of Art. 46 of the RF IC, the spouse is obliged to notify his creditor (creditors) of the conclusion, change or termination of the marriage contract. If this obligation is not fulfilled, the spouse is liable for his obligations regardless of the content of the marriage contract.

In case of failure to fulfill the obligation to notify his creditors about the conclusion, amendment or termination of the marriage contract, the spouse is liable for his obligations regardless of the marriage contract. At the same time, the Family Code provides for the right of creditors to demand changes in the conditions or termination of an agreement concluded between them in connection with significantly changed circumstances.

3. Maintenance obligations of spouses and former spouses

Family law provides for the obligation of spouses to financially support each other during the marriage. In normal family relationships, spouses do not have any problems with providing each other with funds. Quite often spouses voluntarily assist each other, not only in cases when one of them is in need and disabled, but also in the absence of these circumstances.

Usually the spouses do not enter into any special agreements on the provision of funds. However, if such a need arises, the spouses have the right to conclude an agreement on the payment of alimony.

Such an agreement can be included in a prenuptial agreement or exist as an independent alimony agreement. The significance of these agreements is determined by the fact that with their help it is possible to provide for the right to alimony of a spouse who is not entitled to demand alimony in court. Alimony by agreement can be paid to an able-bodied spouse, for example, in the case when he quit his job or did not complete his education in order to devote himself entirely to the family.

When paying alimony by agreement between the spouses, the need for financial assistance is not necessary either. The amount of alimony may be higher than in the case of collecting alimony in court.

In particular, the agreement may stipulate the spouse's right to maintain the standard of living that he had before the divorce.

Based on the literal interpretation of the Family Code, the actual spouses are not entitled to conclude an alimony agreement, however, it seems that if such an agreement is them

concluded, it should be recognized as valid and the norms of family law should be applied to it by analogy with the law.

If the spouses do not provide other assistance to the friend and an agreement on the payment of alimony has not been concluded between them, if there are grounds provided for by law, the spouse has the right to apply to the court with a claim for the recovery of alimony. To recover alimony in court, the following legal facts are required: the spouses must be in a registered marriage; as a general rule, a spouse requiring alimony must be disabled and in need of material assistance; The spouse paying the alimony must have the necessary means to provide it.

The presence of a registered marriage is a necessary basis for collecting alimony. The actual spouses, regardless of the length of their life together, do not have the right to demand alimony in court. Spouses have the right to receive support from each other, because marriage entails the emergence of personal relationships between them, often making them closer to each other than blood relatives. This family closeness is the moral and legal basis for their right to alimony.

The need and disability of a spouse requiring alimony is determined in the same way as in all other alimony obligations. It does not matter whether the spouse became needy and disabled during marriage or before marriage. However, in accordance with Art. 92 SK, if the incapacity for work has arisen as a result of abuse by a spouse claiming alimony, alcohol, drugs or as a result of his intentional crime, this may serve as a basis for releasing the other spouse from the obligation to maintain such a person. The court also has the right to limit in this case the payment of alimony to a certain period.

Maintenance is awarded if the paying spouse is able to provide it. Under the availability of funds required to pay alimony,

one should understand such a level of security, in which the payer, after the payment of alimony, will himself be secured in the amount of not less than the subsistence level.

The amount of alimony provided to a disabled needy spouse is determined in accordance with the rules of the UK. The court is guided in this by the material and family status of the parties and other noteworthy circumstances.

Alimony obligations of spouses, as obligations of parents and children, are alimony obligations of the first priority. This means that the right to receive alimony from a spouse does not depend on the presence of other persons liable for alimony. However, if the recipient of alimony has parents or adult children who are also obliged to provide him with maintenance, this circumstance affects the amount of alimony.

The wife also has the right to receive maintenance from her spouse during pregnancy and for three years from the birth of the common child. This type of alimony obligations has significant specificity. First of all, the reasons for its occurrence are different. The legal facts giving rise to these obligations include: the presence of a registered marriage between the spouses, the wife's pregnancy from the defendant or her raising a common child under three years old; the defendant has sufficient funds. Need and disability are not mentioned in this case. The amount of alimony in such a situation should be much larger and include funds to meet current needs.

The right to alimony arises if the spouse is caring for a disabled child under the age of 18, or for an adult disabled child of group I from childhood. People with disabilities of the 1st group cannot serve themselves and need constant outside care, therefore, the spouse caring for such a child, as a rule, is forced to leave work or work part-time. This is certainly reflected in his income and professional career.

Alimony duties of former spouses.

The increase in the number of divorces makes the problem of providing support to the ex-spouse after the end of the marriage more urgent. The trend in this area in various countries can be generally characterized as a desire to resolve all issues related to divorce as soon as possible, and to solve the problem of supporting a needy spouse by providing a fixed sum of money or redistributing property.

According to this approach, spousal support is supposed to be collected only in special cases and preferably for a short time. Only in exceptional situations, taking into account age, state of health and other circumstances affecting the spouse's ability to provide himself with a livelihood, it is possible to recover alimony for life.

With the change in the economic situation in the country, the gap between the level of provision of the disabled at the expense of pensions and benefits and the subsistence minimum has increased significantly. This has led to the fact that alimony is becoming increasingly important as an additional source of income for this category of citizens.

Meanwhile, the position of the former spouses is significantly different from the position of any other subjects of alimony obligations. Former spouses are not related to each other and are no longer connected with each other by a common family life. These are completely strangers to each other, and all that they have in common is that once in the past, sometimes many years ago, they were married. The existence of a maintenance obligation in relation to the former spouse after the termination of the marriage, as a rule, loses its moral justification, since there is no longer any personal connection between the spouses. However, this obligation is also provided for in the Family Code. First of all, this was done because its cancellation is currently absolutely untimely.

The spouses have the right to include provisions on the payment of alimony in the event of the termination of the marriage in the marriage contract or to conclude a separate alimony agreement about this during marriage or at the time of divorce. In such an agreement, they have the right to resolve issues of providing content at their discretion. In particular, it can be envisaged that the former spouse, who is not entitled to demand maintenance in court, will have the right to alimony.

For example, one of the spouses may, on the basis of an agreement, be entitled to child support in the event of the termination of the marriage, regardless of whether he is disabled and needy or not. It is possible to conclude an agreement authorizing the spouse to receive maintenance, regardless of the moment at which after the marriage he became incapacitated.

Obligations to provide maintenance to the ex-wife during pregnancy and until the child turns one year old and the ex-spouse caring for a disabled child do not really differ from the alimony obligations arising between spouses. However, other grounds for the emergence of alimony obligations of spouses and former spouses are different. In the case of non-divorced spouses, it does not matter when the recipient of the alimony became disabled, while the former spouse, as a general rule, is entitled to alimony if he became disabled before the dissolution of the marriage or within one year after the dissolution of the marriage.

The amount of alimony collected for the maintenance of the former spouse is determined as in relation to the spouses continuing the marriage relationship. The short duration of the marriage of the spouses in accordance with Art. 92 SK can serve as the basis for exempting the payer from paying alimony or limiting this obligation to a certain period. This rule does not apply to spouses who have not divorced, since their marriage is still ongoing and it is not known how long it will last.

When collecting alimony for a former spouse, the short duration of the marriage plays a very significant role. A spouse who has been married to the recipient of alimony for one or two years cannot be obliged to support him for decades. If, in a long-term marriage relationship, it is still possible to speak of a personal connection between spouses, which gives rise to the preservation of the alimony obligation after a divorce, then with such a short period of life together, this is completely unacceptable. In such a situation, the court must either refuse altogether the claim for the recovery of alimony, or limit the obligation to pay alimony to a period commensurate with the duration of the marriage.

The court has the right to refuse to collect alimony or collect it only for a short time in the event of unworthy behavior in the marriage of the spouse demanding alimony. In this case, misconduct is treated in the same way as in relation to an undivided spouse.

Alimony relations of the former spouses terminate when the spouse receiving alimony enters a new marriage. From that moment on, he has the right to receive support from his new spouse. However, Art. 120 SK connects the termination of the right to alimony only with the entry into a registered marriage. With the literal interpretation of this rule, the entry of the recipient into a de facto marriage relationship does not affect the alimony obligation. This could lead to a material violation of the rights of the former child support spouse. In cases where a spouse who is in a de facto marriage relationship does not register the marriage in order to continue to receive alimony from the ex-spouse, the court must apply the rules of the UK article by analogy with the law.

Conclusion

By getting married, the spouses immediately and simultaneously acquire the entire set of rights and obligations that make up the content of the marriage legal relationship.

The principle of equality of spouses in family relations enshrined in family law means that the range of rights for spouses is the same both in quantitative terms and in essence. True, this equality is manifested differently in relation to each of the groups of matrimonial rights. So, regarding the common joint property, the spouses have equal rights as the owners of this property. None of them has any advantages over the other in the rights of ownership, use, disposal (Article 31 of the RF IC)

The parties to the marriage legal relationship - the spouses have the right to provide for the contractual regime of property (Chapter 8 of the RF IC). The basis for this is the prenuptial agreement. The content of a marriage contract is the establishment of one or another legal regime of the property of the spouses. At the same time, the conditions of a marriage contract may refer not only to existing property rights, but also to future objects and rights that may be acquired by spouses during marriage.

The law considers material support by spouses to each other as a mutual obligation of spouses. Accordingly, this obligation is opposed by the rights of each of the spouses. The presence of a registered marriage is a necessary basis for collecting alimony.

List of used literature

1. The Constitution of the Russian Federation [Text]: adopted vsenar. voting on December 12, 1993 // Collection of legislation of the Russian Federation. - 2009. - No. 4.- Art. 445.. Civil Code of the Russian Federation

2. The Civil Code of the Russian Federation. Part one [Electronic resource]: Feder. Law of November 30, 1994 № 51 - FZ // GARANT Platform F 1 EXPERT-GARANT - Atlantic. PRIME. -2013.- Version of March 23.

3. Family Code of the Russian Federation [Electronic resource]: Feder. Law of December 29, 1995 No. 223 - FZ // ConsultantPlus: Higher School. - 2013. - Issue. 10. (Autumn).

4. Barkhatov, M.V. Elements of a marriage contract [Text] / M.V. Barkhatov // Legal world. - 2013.- No. 7.- S. 35-37.

5. Minina, E.L. Commentary on the family code [Text] / Е.Л. Minina // Legal world. - 2013.- No. 6.- S. 15-16.

6. Yurov, S.V. The structure of the marriage contract [Text] / S.V. Yurov // Legal world. - 2013.- No. 11.- S. 27-29.

7. Andreikin, A.F. Legal regulation of property relations between spouses [Text] / A.F. Andreikin // Russian Justice. - 2013. - No. 5. - S. 12-14.

8. Popov, S.V. Family law of the Russian Federation [Text]: textbook for universities / S.V. Popov. - M .: Jurist, 2007 .-- 180 p.

9. Osin, E.K. Fundamentals of family law of the Russian Federation [Text]: textbook for universities / E.K. Aspen. - M., 2004 .-- 248 p.

10. Izotova, OM Fundamentals of civil law [Text]: tutorial / О.М. Izotova. - M .: Prospect, 2009 .-- 738 p.

11. Ruzakova, O. A. Family law [Text]: textbook for universities / О.А. 11. Ruzakov. - M., 2010 .-- 240 p.

12. Krasheninnikova, P.V. Family law [Text]: textbook for university students / P.V. Krasheninnikov. - M., 2010 .-- 302 p.

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Legal Regime of Spouses' Property

Definition 1

When the property relations of spouses are determined on the basis of the current norms of family law, then one should talk about legal regime... Joint property of husband and wife is devoted to: article $ 256 of the Civil Code of the Russian Federation and chapter $ 7 of the Family Code of the Russian Federation.

The common property of the spouses is comprised of various material wealth acquired by them during the marriage. Husband and wife have equal rights in the management of joint property. Moreover, it is left-free, and can become the subject of a transaction with the consent of both spouses. If there was no such consent, then the transaction can be challenged in court and be declared invalid.

The law guarantees the property rights of family members in real estate transactions. For the sale of a house, apartment or summer residence, one of the spouses requires the notarized consent of the other.

Property that belonged to a citizen or citizen before the wedding, as well as inherited or other gratuitous transactions, is personal. The owner has the right to dispose of it without the consent of anyone.

Husband and wife can share common property at any time during the marriage and after its dissolution. The demand for the division of joint property can also be filed by the creditors of one of the spouses who wish to collect his debt. In the absence of disagreements, the division of property is voluntary. If an agreement that suits both parties could not be reached, then this process is carried out in court.

Remark 1

Within three years after the dissolution of the marriage, the former spouses have the right to declare a demand for the division of property. Under the legal regime, the shares of the husband and wife in joint ownership are recognized as equal, regardless of the size of the investment of each of them during the marriage. The court may deviate from the principle of equality of shares if the interests of the children so require.

The property used by the child is not divided between the former spouses. It is passed on to the parent with whom the minor remains. The same rule applies to deposits made by spouses in the name of their common minor children in credit and banking organizations.

A serious illness or disability of one of the spouses may also be a basis for a court to deviate from the principle of equal division of common property.

Picture 1.

Contractual regime of property of spouses

Article $ 256 of the Civil Code of the Russian Federation determines that property acquired by spouses during marriage is their joint property, unless otherwise provided by an agreement concluded between them. The norms determining the content of marriage contracts are established by Chapter 8 of the Family Code of the Russian Federation.

Definition 2

Marriage contract is an agreement establishing the property rights and obligations of the spouses during marriage, as well as in the event of its dissolution. The main feature of this document is its comprehensive nature, since it may contain provisions governing the provision of funds by one of the spouses to support the other.

At any time after the creation of the family, as well as before this event, the marriage contract can be concluded. This must be done in writing. Moreover, the agreement signed by the spouses must be notarized.

Treaty regime joint property provides spouses with many opportunities. For example, they have the right to determine which of them owns real estate, a car or jewelry, and other luxury items. The procedure for spending funds or the financial support of one of the spouses can also be spelled out in the concluded agreement. And of course: how much of the common property will go to the husband and wife in case of divorce.

The content of a marriage contract regulates only property relations between spouses, without touching upon issues of their personal life. Another specific feature of this document is that it should not put one of the spouses in a deliberately unfavorable position. Otherwise, at the request of a citizen whose rights have been violated, the contract may be invalidated.

Change or termination of a marriage contract is possible at any time by mutual consent of the spouses. This fact must also be documented in writing and notarized. But unilateral refusal to fulfill the requirements of the marriage contract is not allowed.

Maintenance obligations of spouses

Definition 3

The obligation of spouses to financially support each other during the marriage is provided for by family law. Usually, the husband and wife do not conclude any special documents on the provision of funds. But if such a need arises, they have the right to sign alimony payment agreement.

This agreement can be part of a prenuptial agreement or it can exist on its own. This document guarantees the right to receive alimony by one of the spouses, even if he cannot claim financial support in court. For example, according to the agreement, alimony can be paid to an able-bodied spouse if he left his job or did not receive professional education, fully devoting himself to the family.

In the absence of an agreement on the payment of alimony and in the event of such a need, the husband or wife has the right to go to court with a demand to collect money from the spouse who does not want to provide material support. This requires the following circumstances:

the spouses are in a registered marriage;
the party requiring alimony is disabled and needs financial assistance;
the party with whom the alimony is requested has the necessary funds to provide financial support.

Remark 2

Registered marriage - a prerequisite for collecting alimony. The incapacity for work of a spouse requiring alimony is determined in accordance with the procedure established by law. It does not matter at all whether he became needy during marriage or before his conclusion. But if the incapacity for work has arisen as a result of the abuse of alcoholic beverages, narcotic substances or as a result of the commission of a deliberate crime, then this is the basis for exempting the other party from paying alimony.

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