Property rights of spouses in modern Russia

Relations in the family should be built on the basis of respect and mutual understanding. Each family member has, as a rule, certain rights. Some of them are set by the person himself, by marrying (for example, the distribution of duties around the house). Some rules of conduct (in particular, property rights) are clearly regulated by the laws of the country. Regulation of relations within marriage is handled by a special branch of jurisprudence - family law. Its source is the Family Code of the Russian Federation. The property and non-property rights of spouses are described in the second section of this normative legal act.

Being in a marriage, both spouses fully retain their legal capacity, that is, the opportunity to exercise their civil rights. In addition, by concluding a marriage, they acquire new rights and duties. For example, it is equally right to own jointly acquired property, the duty to support and provide all their children, etc. The personal rights of each of the spouses include: the right to choose their occupation, profession, occupation, place of residence. The property rights of people who are married should be considered in more detail.

Family law of the Russian Federation establishes the principle of equality of spouses in the family, that is, each of them has an equal number of freedoms and duties. The property right itself is a subjective possibility of a participant in these legal relations to own, use, and dispose of their own property. Both spouses, being in a lawful marriage, have the same opportunity to dispose at their discretion with joint money, personal transport, etc. It should be noted that this property must be acquired after the official marriage. Cash, residential and non-residential premises, cars, home furnishings, equipment, any equipment, securities, bank deposits, jewelry, clothing, precious metal products, etc. can act as it.

All issues on joint management of common property are resolved by mutual consent of both parties. In the event of an unsolvable dispute over this matter, the spouses can apply to the court. It should be noted that the property rights of people who are legally married are also equal if one of them does not bring income to the family due to illness, caring for a small child, an incapacitated parent, etc. In the event that one of the spouses has disposed of family property (for example, sold housing) and concluded a transaction without the consent of the second spouse, during the trial such a transaction will be declared invalid.

In a happy marriage problems with joint disposal of property, as a rule, is not observed. Disputes arise precisely at the moment when the spouses decide to terminate the existence of their family and the property rights of each of them come to the fore. According to Russian legislation, when a divorce is over, all the property that has been jointly acquired is split equally. The court in such a case takes into account the presence of underage children, as well as with whom they remain to live. Deviation from the equality of the shares obtained after the divorce by the former spouses is also possible only by a court decision.

Many modern spouses decide on the division of property through a marriage contract concluded before marriage or at the time of being in it. This document clearly spells out the property rights of both spouses for their property after a possible dissolution of the marriage. The marriage contract avoids long court proceedings in the event of the termination of family relations, however, some Russians consider its conclusion a sign of a general mistrust for each other.