The lawyer gave advice to Russians wishing to avoid financial disagreements in the family.

Financial issues in marriage are not the most romantic topic, but it is better to discuss them in advance in order to avoid unpleasant surprises in the future, said Irina Kalinina, lawyer, managing partner of the international legal organization Legal World. She told Izvestia what property is considered common and personal, how debts are divided in the family, and what needs to be done to avoid financial disputes.

The expert drew attention to the fact that many people are mistaken when they say after the wedding that everything has become common.

"Article 34 of the Family Code of the Russian Federation states that the property acquired by the spouses during marriage is common and is divided in half. This applies to any purchases, income from work, including from the activities of sole proprietors. The results of intellectual activity (songs, poems, stories, etc.) and even the amounts of financial assistance received in case of injury at work are also divided in half," the expert specified.

However, there is a concept of personal property that is not subject to division. Thus, housing that the husband or wife had before marriage is not subject to division; real estate received during marriage as a gift or privatized; property or money inherited during marriage; things that each spouse uses individually. The exceptions are luxury items: jewelry, paintings, and so on.

"It is very important to collect reliable evidence of personal property, especially the one that is passed down from generation to generation, as there are often documents for it, like Matroskin's cat: "whiskers, paws and tail." Naturally, there are no checks, and here we need witness statements. One of the simplest options is for the mother of the bride or groom to go to a notary and certify the statement, which indicates that such and such a piece of jewelry (preferably with a detailed description) is passed down from generation to generation in the family," the lawyer added.

Speaking about real estate, she noted that there are signed documents in Rosreestr or an inheritance file with a notary, which indicates to whom and what is transferred.

"Not everyone knows, but loans and loans issued in marriage are also considered common obligations, even if only one spouse has signed the contract. This applies to mortgages, consumer loans, and business debts. And here it is important to know one rule: if the second spouse consented to receive loans and loans, then all debts are also divided 50/50. If you did not give your consent, then you will need good lawyers and lawyers in order to repay these debts in court," Kalinina said.

In court, it is important to prove that the borrowed funds were not used in the interests of the family. It is very difficult to prove this, since the position of some courts is as follows: a person at that time, for example, did not work, but continued to eat, shop, and so on. For the courts, this is proof that it is creditors' money. And if the loan amount is large, a criminal case may be opened for fraud and complicity. Therefore, it is important during the marriage period to ask the other half where he gets the money, and to clarify what his official salary is, the lawyer stressed.

"As for the mortgage, it is important to know that even if the mortgage is issued to the husband and the payments are made by the husband, you have the right, in case of divorce, to demand to reimburse you 50% of the mortgage payments paid during the marriage," the lawyer added.

At the same time, if one of the spouses invested money in stocks, real estate or a business during marriage, then such assets can also be considered joint if the purchase took place during marriage. However, if personal funds are invested (for example, received as an inheritance or as a gift), it is important to keep documents confirming their source. In this case, the dividends and the investments themselves are not subject to division, Kalinina explained.

«In the event of a divorce, one of the spouses may claim alimony if he or she has a disability during the marriage or is on parental leave for up to 3 years during the divorce period. The court may order the second spouse to pay maintenance for a certain period of time," she also said.

The lawyer gave some tips to avoid disputes in the family. According to her, it is necessary to register property consciously, taking into account the ownership regime.

"If a family receives a significant amount (inheritance, gift), it is important to immediately determine how to dispose of it in order to avoid disputes. The main thing to remember is that this is personal property that is not subject to division and is not provoked into investing or selling this property in order to buy something else later. Because something else will already be joint property," the lawyer clarified

When making large purchases together, it is worth saving contracts and receipts.. In case of doubt, you can conclude a prenuptial agreement, which will help to arrange financial issues in advance. Additions and changes can also be made to the prenuptial agreement.

The lawyer recommended not to hesitate to receive information about the sources of income of a spouse in order to insure yourself and your children.

Earlier, on December 6, 2024, it was reported that the majority of Russians surveyed — 55% — does not manage the family budget or does it on a case-by-case basis. This follows from the results of a study by the VSK Insurance House. This trend is especially pronounced among people aged 35-44 years.