What is a civil marriage?
There is no clear definition of “civil marriage” in the law. But the main features of such a union can be identified.
Usually it is understood as a form of relationship between a man and a woman, in which they live together and run a joint household.
However, they do not register their relationship with government agencies, which would officially secure their status as spouses.
Synonyms for civil marriage among ordinary people are “cohabitation” or “actual marriage.”
From a legal point of view, is this an official marriage or not?
There is no clear definition of the concept of “cohabitation” in family legislation.
Therefore, lawyers believe that a civil marriage, that is, the cohabitation of spouses without registering the relationship in the registry office, is not equivalent to couples in officially registered relationships.
In this regard, both parties in such unions have fewer rights and obligations than in the presence of a marriage certificate.
Women's rights in a civil marriage
Despite the fact that today civil marriage , few women are aware of their rights and responsibilities that are associated with it. There is a mistaken opinion that “no stamp – no obligations.” In reality, the situation is different, which must be additionally mentioned with an eye to the current legislation.
Family legislation of Ukraine is based on the equality of civil and registered marriage, i.e. the rights and obligations of each spouse, both in the first case and in the second, are equal. It is important to note that, first of all, such consequences apply to the rights of spouses regarding their property. It should be mentioned here that in general, the family legislation of Ukraine considers civil marriage only in the context of rules regarding the procedure for dividing joint common property of spouses, which is why legal regulation has spread most widely to this issue.
Property rights
If we talk about a woman’s property rights after the termination of a civil marriage, then based on the rule of equality of rights of spouses, it follows that the shares (parts) of each of them in the common acquired property are equal. That is, in the event of division of property, the spouse will have the right to ½ of the joint property.
It is also necessary to make a reservation that if there are circumstances that are of a significant nature (for example, one of the spouses did not care about providing for the family, destroyed or caused damage to common property, wasted property to the detriment of the interests of the family, etc.), the court may dismiss from the principle of equality of shares of spouses. In the presence of such circumstances, the share in the property of one of the spouses who carried out such actions is reduced in favor of the other spouse. IN
List of property that is not subject to division:
- property that was acquired by one of the spouses before marriage;
- acquired during marriage, but by inheritance or on the basis of a gift agreement;
- acquired using funds belonging to one of the spouses personally;
- housing that was acquired by one of the spouses as a result of privatization.
- property, which includes personal items, bonuses and awards (received for personal merit);
- funds received by one of the spouses as compensation for the loss (damage) of his property that belonged to him (her), as well as compensation for moral damage caused to her (him), insurance amounts.
From the above, it follows that in a civil marriage, in the matter of division of property, each party has the right to half of the acquired joint property, with the exception of the list specified by law, which was outlined above.
Inheritance rights and rights regarding children
In addition to property rights, in a civil marriage there are rights to inheritance (about the size of the share in the inheritance, the order of inheritance), as well as rights regarding children (paternity, alimony).
In existing disputes about inheritance , it is important to take into account that the right to inheritance applies only to persons who, before the opening of the inheritance, lived in the same family with the testator for at least 5 years.
In this case, we are talking only about the fourth line of heirs, with the presence of mandatory criteria that characterize a civil marriage as living as one family (common long-term and uninterrupted residence, the presence of a common way of life, common rights and responsibilities).
It is important to remember that living in a civil marriage is not the basis for the emergence of the right to inheritance in one of the spouses in the first place; moreover, other persons also belong to the fourth line of inheritance if they lived together with the testator (stepmother, stepfather, stepdaughter and stepson etc.).
It follows from this that in matters of inheritance, the surviving spouse will need to go through a lengthy process of proving cohabitation as one family in order to exercise their rights to the inheritance, if any.
If we are talking about the category of disputes related to children (in particular, paternity, alimony), then it is important to remember the legal obligations of parents regarding the maintenance of children until they reach adulthood.
If a dispute has arisen between a husband and wife regarding the maintenance of common children, given the absence of a registered marriage, in order to collect alimony it is important to comply with the following conditions: an entry in the child’s birth certificate about the ex-husband as his father, as well as the absence of a dispute about the recognition of paternity. If these conditions are met, there are no obstacles to the exercise of rights.
If we are talking about a situation where one of the components is missing, then it is necessary to initially resolve the existing dispute about paternity, after which it is already possible to exercise the rights to support the child.
To summarize the above, we note that in a civil marriage, the rights of spouses are equal , with the exception of certain reservations mentioned above.
It is important to understand that after the termination of such a marriage, each party has the right to a part of the property, the exercise of their paternal rights, and also, in some cases, rights to inheritance.
At the same time, it is important to remember that each situation is individual and requires the same individual approach, since various circumstances can influence either an increase or decrease (or even absence) of rights and responsibilities in a civil marriage.
Svetlana Trofimchuk
IVETTA
Source: https://justice.org.ua/politika-i-pravo-podiji-fakti-komentari/prava-zhenshchiny-v-grazhdanskom-brake
Difference from state registration of relations.
The rights and obligations of spouses specified in the Family Code apply only to spouses who have officially registered their relationship.
After registering the union in the registry office, they have common property, as well as additional guarantees regulated at the legislative level.
In the event of a divorce, the husband and wife will be able to divide everything acquired during their marriage in equal shares. The official spouse is one of the first-rank heirs.
The common-law husband and wife are deprived of such rights.
If a couple in a de facto marriage decides to separate, then they divide the acquired property either by agreement or in court.
But in the latter case, you will have to provide evidence that the other party participated in its acquisition, which can be difficult.
Rights of a common-law wife/husband after the death of a significant other
Civil marriage is not considered a civil status by law, and therefore does not entail the legal consequences of an official marriage or any other.
On the one hand, this deprives a common-law husband or wife of a number of rights after the death of their other half, and on the other hand, it opens up opportunities that spouses in a registered marriage do not have.
Thus, a common-law spouse cannot:
- Claim the inheritance of a deceased partner as a husband or wife.
- Half of the jointly acquired property.
On the other hand, such a semi-free status allows the surviving spouse not to share with the heirs of the deceased husband or wife jointly acquired property, which is registered and registered only in his name. Since the right of joint ownership of spouses in a civil marriage does not arise.
Rights of a cohabitant to an apartment.
If the apartment was purchased before the start of the relationship, then it remains in the personal use of its official owner.
However, long-term cohabitation involves the acquisition of movable or immovable property.
In the case where the marriage was officially registered in the registry office, no special disputes arise, since according to family law, everything acquired during the marriage is considered common property.
Cohabitants have much less rights to an apartment purchased during the period of cohabitation.
If the property was registered in the name of one of them, then the second will need to prove his relationship to it and his contribution to the overall purchase.
You can confirm your rights to property with a bank account statement, a check, a will, etc.
Civil marriage: cohabitant’s rights to an apartment and property.
Who will get the inheritance if the deceased has no relatives other than a common-law spouse?
Here you need to understand that the “common-law” spouse is not relatives , so this means a situation where not a single legal successor is present in all succession lines, and the cohabitant of the deceased was not dependent on him and does not fall into the eighth line.
In this case, the property of the cohabitant will be considered escheat, and it will be inherited by the municipality, in terms of housing facilities on the territory of which they are located, by the subject of the federation, in terms of the property that is inherited by him according to its legislation, by the state - in all other cases.
As we see, the majority of “common-law spouses” face a far from rosy prospect in the event of the death of one of them. Therefore, it is best to think about the fate of your soulmate and register the marriage as expected. Or if, for some reason, you can’t decide to do such an act, at least make wills for each other. Otherwise, the great-nephew of whose existence the cohabitant, who died, and did not even suspect, can receive everything, and his cohabitant, who devoted her best years to her husband, will be left with nothing.
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What rights and responsibilities do unregistered spouses have over property?
The State Duma has repeatedly raised the issue of equating cohabitation for more than 5 years with an officially registered relationship.
However, the bill was rejected due to the fact that whether or not to enter into an official marriage is everyone’s personal right.
During a divorce, former spouses divide all property in half. Sometimes there are controversial issues, but they are regulated by family law.
In an actual marriage, even if it lasted for many years, this principle does not apply. Therefore, cohabitants can only be guided by the Civil Code of the Russian Federation when dividing property.
There are two options for owning property.
The first of them provides that the property or apartment belongs directly to the person who acquired it. Accordingly, the property is initially registered in the name of the owner.
In the second option, shared ownership of real estate is allowed.
The couple can initially think through the situation of divorce and, when purchasing an apartment, draw up an agreement on shared ownership.
If this does not happen, then you can defend your rights in court. In this case, the shares will be allocated depending on the material investments of each party.
Rights of a cohabitant to a child.
The mother and father are automatically registered on the birth certificate of children in an official marriage.
If the man is a cohabitant, then he will be recorded in the “father” column only upon personal application to the registry office.
Both parents or their official representatives must be present during the procedure using a notarized power of attorney.
In cases where a man refuses to acknowledge paternity, this can be achieved in court.
To do this, the woman will need to provide compelling evidence of the relationship between the child and her partner. Usually the most reliable way is to undergo a medical examination.
But you cannot force a man to go through it if he refuses. However, if other compelling evidence is presented, the court may establish paternity and award child support even without a medical examination.
Thus, in a civil marriage, the rights and responsibilities of a parent for a child are established only if he initially recognized him as his own.
When a couple separates, a woman can file for alimony payment in court or enter into an agreement with a man on the fulfillment of his obligations to support a minor.
If paternity is not established initially, this can be done at any time through the court, even after the child reaches adulthood.
What is the situation with credit property?
Things are much more complicated when a cohabitant or his partner has taken out a loan for themselves. For example, this could be participation in shared construction. But since such a loan is documented, the second spouse will not be able to claim it a priori. And this despite the fact that the second spouse could well participate in repaying the bank loan.
Moreover, if one of the cohabitants turns out to be insolvent, after the end of legal proceedings (by the bank), he may well lose his property or living space. And this despite the fact that it was acquired in a civil marriage and was unofficially considered common.
In order to avoid such credit problems, you should carefully study the banking agreement and, if necessary, adjust it. For example, it can indicate the recognition of common shared ownership rights, specify cases of division of property in the event of separation, etc.
Does a common-law wife have a legal right to an apartment when dividing property?
When dividing property, you can claim real estate if it was not only acquired during the period of cohabitation, but the woman can also prove her involvement in its purchase.
In an actual marriage, any property belongs to the person in whose name it is registered. If cohabitants fail to reach an agreement, then disputes are resolved in court.
In this case, the court will be guided by the norms of the Civil Code.
The mere fact of a civil marriage is not enough for property to be recognized as common property in the mode of shared ownership.
Both parties will need to provide evidence that they made a material contribution to its acquisition and maintenance.
Among them are:
- Checks and receipts;
- Bank statements;
- Testimony of relatives and friends;
- Correspondence between cohabitants, including in instant messengers, social networks, etc.
Evidence must be presented in proper form.
Thus, screenshots of correspondence must be certified by a notary office. Financial documents must be approved by the manager's signature and seal.
Question to the expert
Good evening! How to officially make a share in an apartment purchased early if you contribute part of the funds.
Good afternoon If you are not married, then the allocation of a share of the apartment is formalized either by a purchase and sale agreement or by a gift agreement with a notary. The owner of the apartment must sell and then you enter funds into the contract. Or donate this share.
When an apartment passes to a cohabitant and not to other heirs
Cohabitation is a common situation in which people live together without officially registering their relationship. Even children of adults do not object to such relationships, since in fact the cohabitant cannot count on property belonging to the woman.
But in some situations, a man can obtain ownership of this housing. He may become a mandatory heir or be specified in the will. Additionally, this includes the situation when a man formally formalizes care for a woman.
Arrangements for caring for a partner
People in a civil marriage can draw up a life annuity agreement. Under such conditions, the man takes care of the woman, buys her food and supports her financially. After her death, he becomes the owner of the apartment.
The notary answered questions about inheritance in this video:
To implement such a scheme, it is important that the man cope with his responsibilities on the basis of the existing contract. He must buy medicine and food, as well as provide for the woman financially.
The peculiarity of this method is that the apartment is transferred to the man after the formation of an act of acceptance of housing and registration of the transfer of rights in Rosreestr.
The woman has the right to live in the property for life. At the same time, her direct heirs may not even realize that the housing has become the property of the cohabitant.
Usually information is revealed after the woman's death. In practice, there is an example where the court confirmed the right of a cohabitant to living space on the basis of a rent agreement drawn up a few days before the death of the homeowner.
The cohabitant is an obligatory heir
If a woman does not leave a will during her lifetime, then her property passes to her heirs based on legal requirements. In this case, the rights of compulsory heirs are taken into account, which often include cohabitants.
What conditions exist?
To do this, the following requirements must be met:
- citizens lived together in the same apartment for more than one year before the death of the property owner;
- the man was dependent on the woman, so he should not have his own income or his earnings should be less than that of the owner of the home;
- the cohabitant is officially disabled, for example, he is a pensioner or has a certain disability group.
If a man has evidence that all of the above requirements are actually met, then he can count on a certain share of the apartment, since he acts as a compulsory heir.
Even if he is not indicated in the will, he will be able to receive some part of the housing through the court. Here you will find out how and who can be excluded from inheritance.
When can a cohabitant receive an inheritance? Photo: 12aprelya.ru
A man is written in his will
A woman who is the owner of an apartment can at any time draw up a will in which all the people who act as her heirs are registered. You can indicate not only relatives, but also complete strangers and cohabitants.
If the man who lived with the woman before her death is registered in the will, then he will be able to receive the property specified in this document. It is almost impossible to challenge an official order even in court.
In Russia, accepting an inheritance is becoming easier - here you can find out all the information on this news.
There are often situations when, according to the will, the cohabitant receives absolutely all of the woman’s property, so her children or other heirs cannot lay claim to even part of the property.
The only option to prevent such a situation is to challenge the order in court, but to do this it is necessary to prove that the woman was misled when drawing up this document or that her partner influenced her through blackmail or other illegal methods.
