During this period, there is a personal "interpenetration" in a couple and a kind of dependence on the relationship appears. Realization of this pushes on attempts to return to oneself to the former, which can be manifested in the establishment of old connections, and in the change of work.

Photo source: pixabay.com

During these years in marriage, the birth of the first child most often occurs. With the advent of the baby, the roles of the spouses change, they become parents. The burden associated with physical, psychological and material costs is increasing.

A young mother is absorbed in caring for a baby, and her husband feels abandoned and superfluous in this relationship. Especially if he is not attracted to conscious fatherhood, but they are trying to use only as an obedient assistant.

Do not be afraid to trust your husband in the role of a father, he will cope with it no worse than you cope with the role of a mother. But make sure that your new status (caring parents) does not cancel the previous one (loving spouses).

Day after day. Crisis 6-7 years old

In the life of a family, everything is stable and adjusted: everyday life, communication, work. But in sex there is satiety with the partner's body. Many men complain that romance has left the relationship, the spouse does not share their hobbies.

That is why most of the adultery in married couples occurs during this period.

Women go back to work. After several years of home life, everything new is perceived as emotional, bright, I want to change a lot. The spouse becomes financially less dependent on her husband.

Photo source: bewoman.club

Women in crisis are trying to return to the days when "everything was just beginning." They can enthusiastically buy beautiful lingerie, have a candlelit dinner ... Time cannot be turned back, and what your spouse liked seven years ago can now be annoying.

An attempt to restore relationships by giving birth to a second child will also be wrong. Children are not a means of manipulating a husband. On the contrary, an increase in psycho-emotional and physical stress during a crisis can lead to a family breakdown. Romantic moments are needed, but they should be completely different - something new, interesting, unusual.

"And it's all?". Crisis 11-13 years old

It would seem that everything that is possible has been experienced together: difficulties, lack of finances, illness, setbacks ... Why, after such a life exam, do some couples decide to leave?

Perhaps this is the most inexplicable crisis. The spouses characterize him with the words “we have become strangers,” but they simply have cooled down, there is no strength to “invest” in relationships. Perhaps this is an echo of one of the unresolved crises of the past.

In addition, such a period sometimes coincides with a mid-life crisis of one of the spouses, when a reassessment of values ​​occurs. There may be a fear that there are not many years left when there is a chance to "start all over again"

Photo source: piter-trening.ru

Your own achievements and goals may seem insufficient, but you need to learn to accept them and set new goals. Not only for yourself as a person, but also for the family as a world that you continue to master.

Define, albeit small, common collaborative tasks that will develop your marriage. Together, look for new ways to realize the accumulated potential.

The children have not grown up yet, but they are entering a period of choosing a life position. Its activity largely depends on you. And if the younger generation sees energetic, passionate about life, loving parents, and not boring guardians, then not only the children themselves will benefit, but your “family boat” will not “break” about everyday life.

Empty Nest Syndrome. Crisis 20 years

Children have grown up, they have their own life begins. In families where relationships were built only around the interests of the child, the connecting link falls out. The very meaning of the relationship is lost.

Many men get divorced at this stage, since the feeling of guilt and duty to the children did not allow them to break off these relationships earlier.

Women do not get tired of reminding that the "best years" were given to the spouse, which means that he now has to pay back the debts.

Photo source: blondlife.ru

In fact, the crisis occurs because both spouses forget about an important advantage of this period of marriage. After parting with an active parenting role, you seem to be returning to your youth, when marriage was your main family function. It is now time to remember all the good things that marriage brought you.

Remember what dreams and plans you once postponed until "better times" - now there is a great opportunity to realize them. In sexual relations, your attention to each other, affection and tenderness are now more important than ever. Do not be afraid to experiment, diversify your intimate life.

So, be patient and attentive to each other, love and respect your partner, then you will not be afraid of any crises!

There are rules that wise couples follow throughout their lives. And then not only the crisis years are overcome without loss, but the golden wedding comes as a holiday.

• Don't build up irritation. Try to pick the right moment and discuss the problem. Your partner doesn't have to read your mind, but they can hear you.
• Don't push your partner away when they want to be together. Always listen to each other, be attentive to his problems and feelings. Never manipulate your partner with sex prohibitions or permits.
• Choose your wording. Try not to blame your spouse, but to say how you feel when a conflict occurs. (Instead of "You again ...", say, for example, "It makes me very upset when you ...")
• Treat your spouse's views and interests with due respect, and honor the traditions of his family. Don't discourage change
• in the life of a spouse, be an ally and support for him in all endeavors.
• Create your world! Expand and strengthen areas of mutual interest, create the history of your family, its traditions, even your own language.
• Move to a new stage in family development without waiting for crises, do not let routine steal love from you.
• The joy of mutual recognition can increase over the years. This applies to both body and soul. In sex, new nuances and overtones appear that are not available to any "kamasu-tre". Constantly engage in self-development, improve - and then you will be interesting to your partner as a person.

Photo source: snitsya-son.ru

• There are no perfect people! Appreciate and cultivate the positive qualities of your partner.

Secrets of family centenarians:

I heard this story from a lady who happily lived with her handsome husband for over 30 years. A high-ranking diplomat, he and his wife attended all social events. He was surrounded by a large number of beautiful and intelligent women. And of course, it was not without hobbies. When she saw that her husband was beginning to take an interest in another woman, she did not make scenes for him. She approached her, started a conversation, carefully watched this lady and tried to understand what she was interested in her husband. And then I tried to generate this quality in myself. When a husband discovered in his wife a virtue that attracted him to another, the romance faded by itself.

The Russian Supreme Court is gradually changing the rules for dividing apartments and debts between spouses, separating personal values ​​from family values. An apartment bought during a marriage is no longer always divided in half, and you have to pay back debts from your own pocket. The courts adapt the old legislation, while there is no strategy for the development of family law in Russia.

Olga Pleshanova, head of the analytical department of the law firm "Infralex"

Marital does not mean common

Hundred-thousandths of a share in an apartment is not a fiction or a description of a "rubber apartment". They appear in last year's decision of the Supreme Court of the Russian Federation (VS) on the division of the apartment by the ex-spouses Ovchinnikovs from Novosibirsk. The spouse demanded that the apartment bought during the marriage be divided in half, but the spouse considered that he paid 94.41% of the cost from his own funds, received from the sale of the apartment that belonged to him before the marriage. The supplement from the family budget was 5.59%. These 5.59% were divided in half - 2795/100000 shares in the common ownership of the apartment for each of the spouses. The remaining 94,410/100,000 shares went to the spouse.

At the end of April, the Supreme Court expressed a common position in its review of practice No. 2 for 2017: "The regime of common joint ownership does not apply to property acquired during marriage, but to funds that belonged to one of the spouses personally." Another case was chosen as an example, in which an apartment was divided between spouses from Yekaterinburg in a ratio of 14/15 to 1/15. For an apartment worth 1.995 million rubles. the wife paid 1.750 million rubles - this money was presented to her by her mother, who sold her apartment.

Such cases are not uncommon in the practice of the Armed Forces: in July 2016, in the case of the Chernikovs from Novosibirsk, the Armed Forces left his wife an apartment purchased during the marriage under a contract of shared participation in construction. The purchase was paid in full by the spouse, who sold her own apartment after marriage. The Supreme Court canceled the erroneous decision of the Novosibirsk Regional Court, which divided the new apartment between the spouses in half "taking into account the presumption of the regime of common joint property of the spouses."

The refusal to divide the property of the spouses equally affected the debts on loans.

The turning point was the case included in the review of the practice of the Armed Forces on April 13 last year. The sun said that a debt arising from one of the spouses can be recognized as general only on the condition that all borrowed funds have been used for the needs of the family. This must be proved by the one who claims to distribute the debt between the spouses.

The case, which has become an example, has been dragging on since 2012 and concerned a large amount of money borrowed by a capital resident to buy real estate in Andorra. The citizen who lent the money demanded their return by the borrower and his wife in solidarity. The Moscow courts satisfied the claim, recognizing the debt as general, but in 2015 the Supreme Court demanded to reconsider the case. The VS proceeded from the fact that the Family Code allows each of the spouses to have their own obligations, the consent of the other spouse to the occurrence of a debt must be given specifically, and the spending of borrowed funds for family needs must be proven. There was no such evidence in this case.

The wife's consent also does not guarantee that it will be possible to collect part of her husband's debts from her. At the end of April, the Zaeltsovsky District Court of Novosibirsk, based on the practice of the Supreme Court, rejected the ex-spouse's claim against his ex-wife to recover half of the amount paid on the Sberbank loan. The loan was received during the marriage, the consent of the spouse was not disputed, but it turned out that by that time the actual marriage relationship had ceased, and the spouse managed to file for divorce. The husband repaid his loan both during the period while the divorce lasted, and after the dissolution of the marriage. The court noted that "the fact that one of the spouses acquired a loan during marriage is not evidence that the loan funds were spent on the needs of the family."

In situations where one of the spouses took out a loan before marriage and then repaid it from the family budget, the courts went even further. They began to collect part of the payments in favor of the other spouse - for example, obliging the ex-husband to pay the ex-wife half of the amount spent from the family budget for payments on his loan. A sensational decision was made by the Supreme Court of Tatarstan in August last year. The court recovered in favor of the spouse half of the loan payments, recognizing that when it was repaid, the spouse spent part of the common property for personal needs. Before marriage, the spouse took out a loan for ten years to buy an apartment. For several years during the marriage, this loan was repaid from the family budget, after the divorce, the apartment went to the spouse - it was his property and was not included in the common property. The wife calculated the amount paid on the loan for the period of cohabitation (it turned out 368.5 thousand rubles), demanded to divide this amount in half and divide it as the common property of the spouses, collecting half from the ex-husband. The ex-spouse in court could not prove that he repaid his loan from personal, and not from general family funds.

A similar decision was made in August last year by the Omsk Regional Court: it also agreed to collect in favor of the ex-wife half of the amount paid during the marriage to repay the husband's premarital loan. The court rejected the ex-spouse's arguments that he repaid the loan from personal funds, since the wife was at home with the child and received only benefits. The court referred to Art. 34 of the Family Code, which provides for the right to the common property of the spouse who had no income during marriage, but ran a household and looked after children.

How the court will decide

In decisions on the division of apartments and debts, the courts use three main approaches: property acquired during marriage with the personal funds of one of the spouses is not common property; debts are recognized as general only if they have arisen in the interests of the family; The consent of one spouse to receive a loan by the other spouse is not presumed and must be given on purpose. The courts have adapted the notably outdated legislation: the Family Code was adopted in 1995. The resolution of the plenum of the Supreme Council of November 5, 1998 N15 "On the application of legislation by the courts when considering cases of divorce" is also in force. There is no other resolution on these issues, just as there is no strategy for the development of family legislation in Russia.

Courts are looking for approaches literally by touch, making controversial and sometimes exotic decisions.

For example, in relation to citizens who have acted as guarantors for the debts of their firms. Previously, such cases were considered by arbitration courts, but after the abolition of the Supreme Arbitration Court in 2014, courts of general jurisdiction began to consider such cases. A difficult matter came to the Armed Forces at the end of last year. Citizen Romanov appeared before Sudostroitelny Bank (now bankrupt) as a guarantor for a loan to Rosagroprom for 75 million rubles. The contract of surety was signed, but with the condition that it will enter into force only after receiving the notarial consent of the spouse of the guarantor Romanov. There was no agreement, and citizen Romanov, in response to the bank's demand to return the debts, filed a counterclaim on recognizing the surety agreement as not concluded.

At first, the district court in Samara recognized the surety agreement as not concluded, then the Samara Regional Court (the court of appeal) nevertheless recognized the agreement as valid, but did not collect money from the guarantor - we must wait for the consent of the wife. The Supreme Court overturned both decisions, indicating that personal surety is not at all a "transaction for the disposal of the spouses' common property" and does not require the notarial consent of the guarantor's spouse.

In the dispute over the sale of family real estate, VS, on the other hand, gave the spouse's consent of decisive importance. In September last year, the Armed Forces considered a case in which a spouse, secretly from his wife and adult children, sold a house with a land plot in the Krasnodar Territory. The plot was provided to the spouse during the marriage, the family built a house, the ownership of which was registered with the spouse. The wife, having learned about the sale, challenged the deal and demanded that she recognize half of the ownership of the house with the land plot.

The courts were painfully choosing between the violated rights of the spouse under the Family Code and the conscientiousness of the buyer of the house, protected by the Civil Code. The buyer could not know about the illegality of the transaction: there was no information about the registration of marriage in the seller's passport, in addition, the seller submitted a notarized statement about the absence of the spouse and possible claims to the house. The seller spent the money from the sale of the house, there was nothing to return. The choice was made by the Supreme Council: it recognized the unconditional priority of clause 3 of Art. 35 of the Family Code, which requires the notarized consent of the other spouse for the sale of real estate. The lack of such consent allows you to challenge the transaction, regardless of the good faith of the acquirer of the property. The claim was upheld.

Hide from creditors

Family legislation is often powerless in the face of modern problems and new phenomena in law - the development of the principle of good faith, bankruptcy of individuals, situations associated with criminal prosecution. For example, during the many years of litigation over the import of Karl Bryullov's painting "Christ in the Grave" by a German citizen Alexander Pevzner into Russia, confiscated as an "instrument of crime" (smuggling), the Armed Forces and the Prosecutor General's Office of the Russian Federation diligently bypassed the issue of ownership of the painting. This, despite the statements that the painting does not belong entirely to Alexander Pevzner, against whom a criminal case was initiated, but should be considered the common property of the Pevzner spouses (the spouse, not involved in the criminal proceedings, claims half). The Constitutional Court of the Russian Federation (CC) on March 7 of this year decided to reconsider the case on the confiscation of the painting, but the issue of the rights of the spouses was not touched upon either.

In the mid-1990s, the Family Code was considered very progressive: it allowed spouses to negotiate various property issues, conclude marriage contracts, agreements on the division of property in case of divorce, agreements on the payment of alimony. All this allows spouses to change the regime of common property provided for by the Family Code.

Freedom, however, turned out to be incomplete: prenuptial agreements may stumble over the rights of creditors, and agreements concluded on the eve of a citizen's bankruptcy risk being invalid.

The Constitutional Court considered the issue of the marriage contract back in May 2010 - the spouses Marina and Sergey Kozlov disputed paragraph 1 of Art. 46 of the Family Code, which requires notifying creditors of the conclusion, amendment or termination of a marriage contract. The lack of notification allows the creditor of the owed spouse to disregard the content of the marriage contract and to foreclose on half of the common property owed to this spouse by law. In the Kozlov case, this is exactly what happened: the husband did not inform his creditor that the apartment belongs to his wife under the marriage contract, and the Moscow courts satisfied the creditor's claim, recognizing that half of the apartment belonged to the husband and could be foreclosed. The complaint about the unconstitutionality of paragraph 1 of Art. 46 of the Family Code applied by the courts, the Constitutional Court did not accept for consideration, but determined the legal position. The Constitutional Court noted that the contested article protects creditors from unfair behavior of debtors who, with the help of a marriage contract, can withdraw property from collection.

The position of the Supreme Court on the curious case decided in December last year is also partly aimed at protecting creditors. The Supreme Court invalidated the marriage contract, which completely deprived the spouse of the rights to property acquired in marriage, if the spouse admits treason or initiates a divorce. The Supreme Court referred to the norms of the Family Code, which prohibit placing one of the spouses in an "extremely unfavorable position." It is obvious, however, that a prenuptial agreement that discriminates against one of the spouses may also hit his creditors.

The risk of recognizing contracts as invalid increases significantly when a citizen is declared bankrupt - in this case, the interests of creditors play a decisive role. Bankruptcy law allows any transactions made by a citizen on the eve of bankruptcy to be challenged if they are suspicious or create a preference for individual creditors ("preference transactions"). No exceptions have been made for transactions in the family sphere: marriage contracts, agreements on the division of property, and agreements on the payment of alimony can be challenged. A transaction may be considered suspicious if its terms are clearly disadvantageous to the debtor citizen. A marriage contract that transfers all family values ​​to another spouse can serve as a striking example here. Such an agreement can be challenged if it is concluded within a year before the court accepts the bankruptcy petition of a citizen. If such an agreement was concluded with the aim of causing harm to creditors, then the "period of suspicion" will be already three years before that date.

Preferred transactions may include an agreement on the payment of alimony concluded one month or even six months before the court accepts the bankruptcy petition of the alimony payer. In the latter case, however, it will be necessary to prove that at the time of the conclusion of the agreement it was already known about the financial problems of the payer. But it will not be difficult to prove this if information about the debts is found in the public database of the Federal Bailiff Service.

Sooner or later, family legislation will have to find answers to the challenges of the times and a balance with other laws. Perhaps the role of notaries certifying transactions regarding family property will require changes - now the notarization of a marriage contract or an agreement on the payment of alimony does not protect against challenge. In the meantime, the courts, relying on the legislation of the 1990s, are trying to find solutions to the most pressing problems.

Spouses have the right to divide common acquired property not only during divorce, but also during marriage. They can independently determine what specific things will go to the wife and husband. Sometimes, without the consent of the second spouse, the husband or wife alienates property. In this case, the injured spouse needs to know how to divide the sold property during the marriage.

Is it possible to divide common property sold by one spouse without the knowledge of the other

Despite the transaction for the sale of property, made without receipt, the law does not prohibit its division.

To exercise this right, you must first declare the transaction invalid, and then use one of the methods during the marriage of things.

For example, if real estate was sold, this transaction can be challenged only by referring to the absence of the written consent of the plaintiff.

For the alienation of other property, it is necessary to prove that the citizen who is the seller under the contract knew about the spouse's disagreement to conclude it.

In the event that it was not possible to recognize the invalidity of the transaction, the "injured" spouse has the right to demand compensation from his life partner in an amount proportional to his part of the common property.

According to the norms of family law, the consent of both spouses to any transaction for the alienation of property acquired jointly is automatically assumed (clause 1 of article 35 of the IC RF). Based on this, a husband or wife can freely make any deals with joint things, without requiring the permission of each other. This rule does not apply to transactions for the conclusion of which state registration is required: in this case, the consent of the spouse is required, it must be formalized in writing and certified by a notary.

For the sale of any property, but, despite this, the second spouse has made a deal, he can go to court and demand that this agreement be declared invalid.

Methods for dividing the sold property during the marriage

So that the spouse is insured and large property is not sold without his knowledge, the situation can be resolved in several ways (both before the sale of the thing, and after it has a new owner).

Settlement agreement

Clause 2 of Article 38 of the RF IC is devoted to this document. The agreement on the division of the spouses' property is concluded by the husband and wife voluntarily both during the period of family life and after the divorce.

The main condition for the conclusion of this document is the option of dividing the jointly acquired things that are indicated in it.

If the spouses can peacefully agree on which of them will get the specific property, and they are sure that there will be no dispute over this in the future, they can proceed with its registration.

If there is a written agreement between the spouses, there is no need for them to further divide the jointly acquired property in court. This will save time and money.

The requirements for a property agreement between spouses are as follows:

1. Written form.
2. Mandatory certification of the document by a notary.
3. Affixing signatures of both parties to the agreement.
4. Establishment of any ratio of shares. That is, it is not necessary to divide the property into equal parts, each of the parties can get those things that they want, in the absence of an objection from the second spouse.
5. Correct description of the property to be divided. The name, brand or model (if any), size, color, distinctive features, address or registration number, document details, approximate cost per section day must be indicated.
6. The agreement can be concluded in two forms: in the document on the division of property any things can be indicated, and in the paper on the allocation of shares - apartments, country houses, an enterprise as a property complex.
7. It is forbidden to include in the document provisions on the division of personal items (cosmetics, underwear, personal hygiene items, etc.) donated to one of the spouses and the results of intellectual activity.

• preamble (header);
• subject of the agreement (full list of joint property subject to division);
• the conditions of the division (in what proportion the property is transferred to the spouses);
• sequence of transfer of property (it is not necessary to include it in the text);
• another procedure for the entry into force of the agreement (not after signing);
• conclusion - it indicates in what number of copies the agreement was drawn up and where they are stored;
• personal signatures of the parties, with decryption.

Through the court

If there is a dispute between the spouses regarding the division of property in marriage (both owned and alienated by one of them) or the determination of the shares of each owner, the dissenting citizen has the right to apply to the court with a corresponding statement.

The task of the court is to determine what exactly should be transferred to each of the parties.

If one of the spouses gets ownership of property at a value exceeding someone's share, the husband or wife is entitled to compensation in monetary or other form. Also, if the legal spouses live apart, the thing purchased during this period is recognized as the property of the citizen who acquired it.

Expert opinion

Irina Vasilieva

Civil Law Expert

Also, the court has the right to award one of the parties a larger share. For example, in favor of the spouse with whom the minor children live. Or, conversely, to reduce the part, with unreasonable spending of property during the marriage period or the absence of a contribution to the general budget from personal income.

Recognition of the transaction for the sale of property invalid

In order for the court to recognize, it is necessary to observe a number of rules.

Foundations

In accordance with paragraph 2 of Article 35 of the RF IC, a transaction related to the disposal of common things is recognized by the court as invalid due to the lack of consent of one of the spouses to make it. Hence the following grounds stand out:

1. If the transaction was completed, but this did not require state registration or notarization to invalidate it, it is necessary to prove the fact that the buyer knew or should have guessed that the second spouse did not agree to sell the property. The proof of this circumstance is entrusted to the plaintiff.
2. When for a specific transaction it is necessary to go through state registration or it is subject to certification by a notary, for its legality it is required to obtain consent from the second spouse for alienation. It is also drawn up in writing and certified by a notary office. If there is no consent to such an agreement, this fact will serve as the basis for recognizing the invalidity of the transaction, regardless of whether the buyer knew about it or not.
3. If the second spouse agreed to the sale of joint property orally, but the conditions on which it was given were not met. For example, a spouse sold a car at a price much lower than the price negotiated between the husband and wife.

Registration of a statement of claim

Since cases on the invalidity of contracts are related to action proceedings, you first need to prepare a statement. It must have a specific form and contain the following information:

• the name of the judicial authority to which it is sent;
• Full name, address and contacts of the plaintiff, defendant, third parties in the case;
• the essence of the dispute - to set out in chronological order the process of alienation of property, to reflect the fact that there was a marriage relationship with the defendant, to indicate that the plaintiff did not give consent to the sale and the spouse-seller and the buyer were notified about this;
• reference to the norms of the law that the defendant violated;
• a request to declare the transaction invalid and return to each other everything received under it;
• a list of documents attached to the claim;
• day, month and year of writing the application;
• personal signature of the plaintiff or representative, with a transcript.

Expert opinion

Irina Vasilieva

Civil Law Expert

The plaintiff has the right to file an application at the place of residence of the defendant and the location of the disputed property.

The limitation period for such cases is 1 year (clause 2 of article 181 of the Civil Code of the Russian Federation), from the moment when the spouse, whose rights have been violated, found out or assumed that he was aware of the transaction.

Collection of evidence and a package of documents

It obliges the plaintiff to prove the facts to which he refers in support of his claims. Therefore, the applicant must not only correctly draw up a claim, but also attach all the necessary documents in copies:

• statement of claim for the defendant (with an attachment);
• the disputed agreement or other document confirming that the disputed transaction has been completed;
• Marriage certificate;
• documents confirming the finding of the disputed property with the new owner;
• paper proving that the thing was jointly owned by the husband and wife;
• receipt of payment of state duty;
• other supporting documents.

Payment of state duty

The state duty for claims of a non-property nature is 300 rubles. To find the payment details, the plaintiff can use the website of the judicial authority, where he plans to submit an application. The receipt of payment should be attached along with all other documents to the claim and sent to the judicial authority.

Consideration of the case and making a decision

After the application is accepted, it is submitted to a specific judge for consideration. He initiates a civil case and begins preparations for a hearing. On the appointed day, the parties are summoned to a preliminary court session, where they comment on the documents presented to the court, explain the circumstances of the case, and answer the judge's questions.

If the presiding judge understands everything and the attached evidence fully confirms the position of the plaintiff, he makes a decision to recognize the transaction as invalid. If it is necessary to submit additional documents, the trial may take a little delay and the plaintiff's task will be to convey the papers required by the court.

After the adoption of the act in its final form, it must enter into force within a month (Article 209 of the Code of Civil Procedure). After that, the regime of joint ownership of the spouses' property will be restored, and they can divide it voluntarily or judicially.

Allocation of compensation

If the court denied the plaintiff in his request to declare the transaction invalid or there were initially no grounds for filing such an application, he may demand compensation in the form of a sum of money from the seller's spouse. The amount of compensation should be equal to the share that the spouse had in the sold property and is determined based on its market value at the time of the transaction.

Therefore, it does not matter at what price the seller alienated the thing. In addition, compensation does not have to be in monetary terms, the spouse-seller has the right to provide the husband or wife with compensation in the form of other property commensurate with his share in the thing sold.

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Ask a Question

can a husband, after a divorce, claim part of his wife's income for the period of marriage

The husband (a citizen of a European country) did not work during his marriage with a citizen of the Russian Federation, was a university student, and lived off the bank transfers sent by his parents.

Can a husband, upon divorce, claim half of his wife's income, referring to the fact that she was dependent?

Lawyers' answers

888 (08/20/2012 at 10:47:48 am)

Hello! The joint property of the spouses is the property acquired by them during the marriage. It is this property that the spouses share in the event. However, the need for it may also arise during marriage, for example, when one or both spouses want to specifically outline their part of the property, or in the case of the creditor's claim on the division of the spouses' common property in order to foreclose on the share of one of them. The common property of the spouses is understood in Art. 34 SK is as wide as possible and includes everything acquired by spouses during marriage: income of each of the spouses from labor and entrepreneurial activities, the results of intellectual activity, pensions received by them, benefits, as well as other monetary payments that do not have a special purpose; movable and immovable things acquired at the expense of the spouses' general income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations; general debts of spouses (clause 3 of article 39 of the UK) and rights of claim for obligations arising in the interests of the family. In this case, it does not matter in the name of which of the spouses the property was acquired or in the name of whom or by which of the spouses the funds were deposited, unless a different regime of this property has been established between them. Therefore, for example, an apartment registered in the name of a wife and a bank deposit in the name of a husband are still common. In the same cases when the legal regime of the spouses' property is changed by the marriage contract, the court, when resolving the dispute on the division of property, will proceed precisely from the terms of such an agreement. The very possibility of moving away from the regime of common joint property enshrined in the UK can give rise to one of the spouses (who is more economically strong or simply more active) an intention to infringe on the property interests of the other spouse, having achieved the inclusion of unfair conditions in the contract (for example, one of the spouses is completely deprived of property, acquired by spouses during marriage). Such conditions, which put one of the spouses in an extremely unfavorable position, may be, in accordance with paragraph 3 of Art. 42 SK, declared invalid by the court at the request of this spouse. Therefore, the spouse has the right to count on half, including any income of the spouse, independent of the dependents. However, according to the resolution of the Plenum of the Russian Federation of 05.11.1998 N 15 (as amended on 06.02.2007) "On the application of legislation by the courts when considering cases of divorce" when dividing property that is the common joint property of spouses, the court in accordance with cl. 2 tbsp. 39 of the Investigative Committee of the Russian Federation may in some cases deviate from the beginning of equality of shares of the spouses, taking into account the interests of minor children and (or) the worthy interests of one of the spouses. The noteworthy interests of one of the spouses should, in particular, be understood not only when the spouse did not receive income without good reason or spent the common property of the spouses to the detriment of the interests of the family, but also cases when one of the spouses, for health reasons or otherwise due to circumstances dependent on him, he is deprived of the opportunity to receive income from work. The court is obliged to cite in the decision the reasons for deviating from the beginning of the equality of the spouses' shares in their common property.

Zaripov Vladislav(08/20/2012 at 13:00:12)

Hello! Article 90 of the RF IC provides for the ex-spouse's right to after divorce 1. The right to demand alimony in court from the ex-spouse, who has the necessary funds for this, have: ex-wife during pregnancy and within three years from the date of birth of a common child; a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen or for a common child - disabled since childhood of group I; an incapacitated needy ex-spouse who became incapacitated before the dissolution of the marriage or within a year from the date of the dissolution of the marriage; a needy spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time. If there are specified grounds, then use Article 92 of the RF IC, the Court may release the spouse from the obligation to support another disabled spouse who needs help or limit this obligation to a certain period both during the marriage and after its dissolution: if the incapacity for work of the person in need of assistance the spouse has come as a result of the abuse of alcoholic beverages, drugs or as a result of the commission of a deliberate crime by him; in case of a short stay of the spouses in marriage; in case of unworthy behavior in the family of the spouse demanding. Good luck.

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Vladimir(08/20/2012 at 15:09:16)

Hello Article 34. Joint property of spouses 1. Property acquired by spouses during marriage is their joint property. 2. 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, benefits received by them, as well as other monetary payments that do not have a special purpose ( the amount of material assistance, the amount paid in connection with the disability due to injury or other damage to health, and others). 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. 3. The right to the common property of the spouses also belongs to the spouse who, during the period of marriage, carried out housekeeping, caring for children or, for other valid reasons, did not have an independent income. And when the property is divided, it is indicated: Article 38. Division of the common property of the spouses 1. The division of the common property of the spouses can be carried out both during marriage and after its dissolution at the request of any of the spouses, as well as in the case of the creditor's claim for the division of the common property of the spouses for foreclosure on the share of one of the spouses in the common property of the spouses. 2. The common property of the spouses may be divided between the spouses by their agreement. At the request of the spouses, their agreement on the division of common property can be notarized. 3. In the event of a dispute, the division of the spouses 'common property, as well as the determination of the spouses' shares in this property, shall be carried out in a judicial proceeding. When dividing the common property of the spouses, the court, at the request of the spouses, determines which property is to be transferred to each of the spouses. In the event that property is transferred to one of the spouses, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation. 4. The court may recognize the property acquired by each of the spouses during the period of their separation upon termination of family relations, the property of each of them. 5. Items purchased solely to meet the needs of minor children (clothes, shoes, school and sports supplies, musical instruments, children's library and others) are not subject to division and are transferred without compensation to the spouse with whom the children live. Contributions made by spouses at the expense of the spouses 'common property in the name of their common minor children are considered to belong to these children and are not taken into account when dividing the spouses' common property. 6. In the event of the division of the spouses 'common property during the marriage, that part of the spouses' common property that was not divided, as well as the property acquired by the spouses during the marriage in the future, shall constitute their joint property. 7. A three-year term is applied to the claims of the spouses for the division of the common property of the spouses whose marriage has been dissolved. Article 39. Determination of Shares in the Division of the Common Property of the Spouses 1. In the division of the common property of the spouses and the determination of the shares in this property, the shares of the spouses shall be recognized as equal, unless otherwise provided by the agreement between the spouses. 2. The court has the right to deviate from the beginning of the equality of the spouses' shares in their common property based on the interests of minor children and (or) on the basis of the noteworthy interest of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustifiable reasons or spent the common property of spouses to the detriment of the interests of the family. 3. General debts spouses when dividing the common property of spouses distributed between spouses in proportion to the shares awarded to them. [email protected] consultations, drafting.

Vladimir(08/20/2012 at 15:47:26)

In case of divorce, divide all jointly acquired property by sex. The spouses' income is also the common property of the spouses. If the case comes to court, I recommend that you carefully read the rules of the RF IC for divorce and division of property. If your income is significant, then I recommend hiring a representative of a lawyer or attorney to handle the case.

Kakulia Revazi Anzorievich(08/20/2012 at 21:33:00)

Good day! Judging by your question, the husband was dependent on his parents. As for the question of whether it may require a division of your income or not, it will depend on whether you spent your income on it or were engaged in hoarding and spent something on yourself. If you have savings created for the period of marriage, then he will be able to demand to divide them, even if they were made in the form of a contribution, even if it was issued in your name. If there is no savings, and everything is spent on the needs of the family, then there will be nothing to collect.