The Supreme Court has determined the rights of spouses in marriage and cohabitation. What you need to know

The Supreme Court of Russia has ruled on which property is considered jointly acquired in a civil marriage. Such a property regime cannot apply to persons who are not in official relations with each other. However, there are several ways to achieve similar property rights as registered spouses have. How to save property in case of cohabitation — in the material of Izvestia.

What the Supreme Court decided

• The Supreme Court of Russia reviewed the case of a couple from the Krasnodar Territory who had been married for 24 years. The man and the woman divorced, but continued to live together for some time in a so-called civil marriage. A month after the divorce, the ex-husband bought his ex-wife a car and registered the vehicle for her.

• When the couple finally broke up, the man demanded that the car be recognized as jointly acquired property, which should be divided, since it was bought with funds accumulated during the marriage. The plaintiff was refused in the court of first instance, but the appeal found that little time had passed since the divorce, so the car bought with the money earned in marriage could be joint property.

• The Supreme Court overturned this decision, ruling that the regime of joint ownership does not apply to persons who are not married. Actual cohabitation is not a reason for a man to be recognized as the owner of a car.

What are the differences between marriage and cohabitation?

• There is no concept of "civil marriage" in Russian legislation. A man and a woman either have an official marriage registered with the registry Office, or they do not. In the first case, their relationship will be regulated by the Family Code, in the second — by the Civil Code, just like the relationships of any other individuals. Civil marriage is only a seemingly formal synonym for cohabitation, which is not specifically regulated in any way.

• The Family Code gives spouses several special rights and responsibilities that distinguish an official marriage from ordinary cohabitation. First of all, it concerns property. All that the spouses earned in marriage is their jointly acquired property and is divided equally in the event of divorce, even if only one of the spouses actually earned. The exceptions are payments for special purposes (for example, compensation for disability), property received through gratuitous transactions (as a gift or inheritance) and personal items not related to jewelry and luxury items. If the spouses are not satisfied with the issues of joint property, they have the right to conclude a prenuptial agreement. If there is none, upon the dissolution of the marriage, the property will have to be divided according to the Family Code and by court decision.

• The property that everyone owned separately before marriage remains with its original owner in the event of the dissolution of the marriage. At the same time, it is worth remembering that if the owner acquired the property on credit before signing at the registry office, then in marriage he will pay for it from jointly acquired funds. This will lead to the fact that the spouse will have ownership of a certain share of this object. This applies, among other things, to real estate mortgaged. After the divorce, the owner will have to seek permission from the former spouse for any actions with the mortgage apartment or compensate him for the funds, even if the mortgage was actually paid out of the owner's pocket.

• In a "civil" marriage, that is, in cohabitation, the concept of joint property does not exist by default. It will only matter who exactly the disputed property is registered to, and not who paid for it or benefited from it. In case of separation, it will not be possible to return the property that was paid for jointly, but belongs to another person, since the court recognizes this as a transfer of funds as a gift.

What property can be claimed in a "civil" marriage

• There are several ways to protect your alleged property rights in cohabitation. In some ways, the relationship between a trustee and a dependent can become a substitute for an official marriage. Any disabled person who has been dependent on his guardian for at least a year can be recognized as a dependent. For this, it is not necessary to be a relative of the trustee or to live with him together.

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• Dependents receive some rights similar to those enjoyed by official spouses. For example, they can inherit on equal terms with relatives of the line that is being called for inheritance, or inherit independently in the absence of other relatives. In 2020, the Supreme Court of the Russian Federation considered the case of a man who lived with a woman for 35 years and died, leaving behind an apartment. The man had no relatives, but the woman was able to inherit the property, proving that she was dependent on him.

• Another way to inherit property that a couple had in a civil marriage is to make a will or inheritance agreement. In this case, the property can be transferred directly to a person who, from the point of view of the law, is not a relative. The difference between the two documents is that the will is a unilateral transaction (the recipient of the inheritance may not know about it and has the right to refuse), and the inheritance agreement is a bilateral one (the recipient knows in advance about the inheritance and agrees to the terms of receipt). But if there is no one of these documents or a proven fact of dependency, the common-law spouse (that is, the cohabitant) will not inherit anything.

• The similarity of jointly acquired property may arise when concluding relevant agreements related to joint purchases. An unmarried couple can formalize an object into shared ownership, which will remain with each of them upon separation. It's just worth remembering that if one person actually paid for an apartment or car, and another owns a share, then such property will be considered donated and personal income tax must be paid from it.

Cohabitants also have the right to issue power of attorney to each other, which in some way will give the same property rights as official spouses. Some banks also provide the opportunity to create a common account and issue an additional card in the name of an unofficial spouse, which is linked to the other's account.

How are relations with children regulated in a "civil" marriage

• Unmarried couples' interaction with children depends on whether the parents' status is regulated. If in an official marriage the mother's spouse is automatically recognized as the father of the child with all the consequences that follow from this (or the former spouse within 300 days after the divorce), then in a "civil" marriage, in order to establish paternity, it is necessary to write an appropriate application or obtain a court decision.

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• Unmarried parents have the same responsibilities as married parents, apply for alimony, and receive the same rights. For example, the father will be eligible for a tax deduction, even if he is not married to the mother, but is listed on the child's birth certificate as his father. Cohabitants can enter into an agreement on the place of residence and the order of communication with the child in case they separate.

• The status of marriage is important only in one case related to children — adoption. Only a couple who has officially registered a relationship can create a foster family.