Legislation of the Russian Federation Family Code Russian Federation(RF IC) Section III. Rights and obligations of spouses Chapter 7. Legal regime of property of spouses Article 38 of the RF IC. Division of the common property of the spouses 1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a claim by the creditor for the division of the common property of the spouses in order to foreclose on the share of one of the spouses in common property of the spouses. 2. The common property of the spouses may be divided between the spouses by 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 common property of the spouses, as well as the determination of the spouses’ shares in this property, are carried out in court.

The Supreme Council has corrected the practice of dividing property between former spouses

Question: We have a one-room apartment (when I bought it, I registered it in my wife’s name), a car and, of course, everything in the apartment. If at the birth of the baby I register paternity of the child and he is also registered, what role will this play in the divorce? and it won’t work out so that I will be left without my half of the jointly acquired property? Also, does the fact of paternity matter in a divorce, that is: was the baby born from me or not? Please understand me correctly, I hate asking such questions, but unfortunately life has brought me to this point. I don’t want people to cynically play on my feelings for someone who is still dear and close to me, I just want to protect myself.

Article 38 of the Russian Federation Code. division of common property of spouses

Also read about how to apply for alimony during a divorce. back to contents When is property not divided equally? However, everything changes if sane arguments are heard in court. For example, if one spouse did not work without any reason, led an immoral lifestyle, and caused damage to property by his behavior, then in such a situation the court may make a decision by which it will reduce the share of the jointly acquired property due to this spouse. It happens that one of the spouses (usually the husband) becomes an alcoholic and does not work anywhere for a long time.

In the family, on this basis, there are daily scandals that turn into fights, accompanied by damage to property. The spouse may take things out of the house to sell them for next to nothing and get a new dose of alcohol or drugs. But in such situations, it must be taken into account that words alone will not be enough in court.

Arbitrage practice. division of marital property after divorce

As the court established, the source of acquisition of the disputed apartment was the funds received by P. in a gratuitous transaction, as well as partially jointly acquired funds of the spouses. According to the explanations contained in paragraph four of clause 15 of the resolution of the Plenum Supreme Court RF dated November 5, 1998 No. 15 “On the application of legislation by courts when considering divorce cases” is not general joint property, acquired although during marriage, but with the personal funds of one of the spouses, which belonged to him before marriage, received as a gift or by inheritance, as well as personal items, with the exception of jewelry and other luxury items.

Property division

They are data on the availability of financial resources before marriage, on the sale of some property, the proceeds from which were used for repairs. It is very good when all changes to an apartment or car are made in a timely manner in the registration certificates. This increases the likelihood that the right decision will be made in court.
If the money lying under the pillow was used to increase the value of the property, and its origin is unknown, then it will be very difficult to prove something in court. back to content Estimation of the cost of an apartment, car, etc. How is the value and division of various property, such as an apartment or a car, usually assessed in court? For general cases, the court does not care at all how much it costs. The cost data indicated in documents issued by the technical inventory bureau is usually much lower than the market value.

Situations from judicial practice on the division of property during divorce

During the court hearing and examination, it was established that the cost of a one-room apartment is half that of a three-room apartment. Accordingly, half of this apartment belongs to the spouse as joint property. Her refusal of ownership of the apartment did not matter in this case.

During a divorce, it sometimes happens that one of the spouses deliberately hides all documents on property. As judicial practice shows, getting out of this situation is not so difficult. To do this, you can file a petition in court to obtain documents, or obtain duplicates of them from the relevant institutions.

back to contents Where can I see court decisions? Where can I view court decisions on specific cases, including the Supreme Court? You can view court decisions without leaving your home. All you need is a computer and an Internet connection.

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During a divorce, the argument that the apartment was renovated with the wife’s personal funds will be taken into account and it is quite possible that, by a court decision, she will be entitled to a share of this apartment. The same applies to other personal property, which, as a result of repairs using the personal funds of the other spouse, changes its value upward. If a car that belonged to the wife before marriage cost 300 thousand rubles, and during the marriage the husband repaired it at his own expense and it began to cost 700 thousand rubles, then he has the right to claim part of this car after the divorce.

But, it must be borne in mind that this is only true when the repairs were carried out at the personal expense of one of the spouses. His current income does not qualify as such and is considered jointly acquired.

Judicial practice of property division

Important

The more complex the case, the more documents related to the case need to be requested, large quantity If you interview witnesses, it will take longer. On fast decision can be calculated if both parties immediately come to mutual agreement. Taking into account the possible time and financial costs, at the beginning of the process itself it is worth thinking about finding a compromise with your ex-spouse.

Perhaps it is worth giving in to some demands. At a minimum, this will save time, and at maximum, it will significantly save not only money, but will also allow you to remain in normal relations with ex-other half. If something remains unclear to you, perhaps this video will help you: Didn’t find the answer to your question? Find out how to solve exactly your problem - call right now: It's fast and free! Did you like the article? Follow site updates on VKontakte or Twitter.

Marriage contract. joint property of spouses. property division.

Attention

But we must take into account that not everything that one or another side of the process will assert will be taken into account by the court. If the husband accuses his wife that she never worked anywhere, everything was bought with his money, then the court will not even react to this for the reasons stated above. This is a very common argument in court, after which the spouse wonders why they were not heard and even suspect collusion and corruption.

But the reason for this is simple - the current legislation. Wives in court also often go too far, demanding to give everything or most of it, because the children remain with them. The maximum that they can additionally count on in this regard is the property that is due to the children and which is transferred upon divorce to the parent with whom these children remain.

By the way, you can read about the procedure for divorce through the court if you have children here.
In concluding that the disputed apartment belongs to the joint property of the spouses, the court proceeded from the absence of conditions in the purchase agreement regarding the distribution of shares in the apartment. At the same time, the court did not take into account that the funds received by P. as a gift in the amount of 1,750,000 rubles. and spent on the purchase of the apartment were the personal property of P., since they were not purchased jointly during the marriage with the plaintiff and did not constitute the common income of the spouses. Contribution of these funds to purchase an apartment does not change their nature as P’s personal property.
Thus, the parties’ shares in the ownership of the apartment were subject to determination in proportion to the invested personal cash the defendant and the joint funds of the parties.

Division of property after 15 years of marriage - judicial practice

The property claim period is three years, and it had expired at the time of filing the documents. This is, firstly. And, secondly, the money was spent on the needs of the family, and therefore is not subject to division. All that remains are household appliances and furniture that were purchased during the marriage, and which constitute jointly acquired property.

The court divided this property. back to contents Example No. 2 Two years before filing for divorce, the husband sold his one-room apartment, which belonged to him as personal property. After donating money, the family buys a three-room apartment, but the wife renounces ownership of it. During a divorce, she submits an application for division of the apartment.

The court makes a decision according to which she is entitled to a sum of money equivalent to a quarter of this apartment.

Inherited property is not divided. Jointly acquired property does not include property that was acquired by spouses before or after marriage, or was inherited or gifted to one of them personally. If during the marriage the spouses lived in an apartment that the spouse inherited from her parents, and Jewelry she inherited from her mother and grandmother, and at that time her husband drove a car that he purchased before marriage, then all this listed property is not subject to division. You can read more about the procedure for dividing property here.

Not everyone knows the name of wedding anniversaries. For example, people have lived together for 15 years: what kind of wedding is this? In addition, you need to have an idea not only about the name of the celebration, but also about the traditions of its holding, gifts that are customary to present to spouses on this day, etc.

So, 15 years of marriage - what anniversary is it? Initially, names for such dates began to be invented in Germany, back in the Middle Ages. They are closely connected with what is supposed to be given for such a celebration. It has been established that 15 years is a crystal wedding. Some peoples also call it glass, that is, clean, but quite fragile.

Famous traditions

Before you think about what to give for a glass wedding, you first need to understand the traditions of this holiday. In the 15th century in Germany it was called violet, and its symbol was violet flowers. In some states, a period of 15 years is called a rag wedding. So the symbol will be appropriate.

In other countries, this date is considered a rag wedding and a violet wedding.

In the CIS countries, the 15th wedding anniversary is also considered to be crystal or glass, so crystal and glass are used as symbols. This is due to the fact that over the years a marriage hardens like glass, but also becomes transparent like crystal. The latter material is considered strong, clear and sonorous. It shimmers in the light, but is still fragile.

If a man and a woman are together, then their relationship is pure, transparent, but strong. The relationship remains beautiful, but still fragile. Even a careless word can destroy a family.

A 15th wedding anniversary symbolizes the happiness of two people. They have already learned to value their relationship and each other after many years together. 15 years of marriage is a long time. Not every family is able to live up to such a holiday. But if the husband and wife succeeded, then they must approach the celebration very carefully.

Since the crystal, or glass, wedding (15 years) has been celebrated for many centuries in a row, various traditions have formed that need to be followed. Here are some customs:

1. On this wedding anniversary, spouses should eat and drink only from crystal or glassware. It is believed that this will bring the family good luck and happiness in the future.
2. When they congratulate you on your 15th wedding anniversary in the evening, you need to drink champagne from crystal glasses and then quickly break them. Since this is also a glass wedding, it is allowed to replace crystal glasses with glass ones. It is believed that the relationship will be even stronger and no outside influence will be able to break the family. This is one of the most beloved traditions among people.
3. It is recommended to display a newly purchased wedding set on the table, as such dishes symbolize a new beginning and are considered the next phase of family development.
4. When a glass wedding is celebrated, then traditional flowers Beige and white are used for this day. This must be taken into account when decorating the room.

Clothes for the holiday

There are traditions and rules that relate to the choice of clothes for the fifteenth wedding anniversary.

This celebration may remind the family of their youth, so the bride will want to wear a white wedding dress.

However, this is not at all necessary. You can simply choose an evening dress in milky, peach, pearl, white and other similar shades. The spouse can wear white suit. But even one item of clothing of this color will be enough. For example, it could be a tie.

Choose clothes in light colors on this day

For guests and people who want to congratulate the family, there is also a color limit. It is forbidden to choose clothes in white and black colors. The first is the symbol of the bride, and only she can wear it. Black is a mournful color, so it would also be out of place. But for the celebration you can wear outfits in turquoise, lilac, and green shades.

In addition, some peoples believe that this will attract good luck and happiness not only to the married couple, but also to the person who is present in such clothes at the holiday.

It is necessary to take into account the time of day at which the celebration takes place and pay attention to the situation. For example, when going out into nature or to a sports club, an evening dress for women and a tuxedo or jacket for men are definitely not suitable. If the celebration takes place at home, then such formal clothing will also look inappropriate. You can do without evening dress. For example, you can choose a dress either long or short. But at the same time, on a wedding anniversary (15 years) it should not look businesslike. For men, avoid wearing a T-shirt and jeans.

To avoid confusion, it is recommended to first find out from the spouses how the celebration will take place, in what place and with what company. In addition, you need to take into account the age of the invited people. Woman in evening dress It will look inappropriate among young people in sports-style clothing.

Symbolic gifts for spouses

What to give for a crystal wedding? This question often baffles not only those invited, but also the celebrants themselves. Meanwhile, the choice of gifts for the celebration is quite large.

A gift for your 15th wedding anniversary should be touching.

In addition, you need to take into account the nuances of the holiday. Many people think about what to give their spouses. How many years have they been together, but they managed to overcome all adversity and remain loving and tender to each other!

Choose memorable gifts

The best options are:

1. Crystal vase. It should be put in beautiful bouquet. This is a great gift that will reveal the meaning of the holiday.
2. Any rock crystal jewelry. They will perfectly please husband and wife. For example, you can give a woman earrings, a ring, beads, a brooch and other similar items. For a man, a ring or cufflinks are suitable.
3. Decorative crystal figurines. Now there are many such products. For example, you can buy animals or flowers. When choosing a figurine, you need to take into account the preferences of the spouses.
4. Crystal box. It is perfect for storing jewelry.
5. Crystal glassware. Choosing a service is easy. Nowadays they produce many varieties of beautiful tableware. You can buy not a set, but, for example, glasses.
6. A set of beautiful crystal trinkets. In specialized stores there is big choice there are many such products, so you can give them a lot. This will bring good luck to the spouses.

All this will be an excellent symbol of long and sincere love.

Another option is a trip to the Czech Republic. This is what the country is famous for crystal glassware and other products.

A good gift for anniversaries would be tickets or a paid tour.

In addition, you can sign them up for a tour of the factory where the dishes are made. And buy special ones there gift cards for spouses so that they can choose a gift for themselves for a crystal wedding. Of course, such a trip will be expensive, but if you agree in advance with all the guests and divide the costs equally, then the expenses will not be very large. But you will get a unique, inimitable gift that the family will definitely remember. As a budget option, you can purchase tickets to the theater, museum and other institutions.

Traveling will be the best opportunity for spouses to be together

Since a wedding is also considered a glass wedding, you can choose glass products. For example, you can purchase various ready-made figures and then paint them yourself. This will be an original gift. If you approach the issue of choice responsibly, then the names of the wedding - crystal and glass - are given simply for imagination.

Other gifts

It's not just guests who think about what they give for their 15th anniversary. Spouses also have difficulty choosing gifts.

After 15 years life together a person already knows the tastes of his other half, but it is still difficult to choose an original gift.

In this case, you need to choose a gift with a twist. For example, you can give a woman a beautiful set of underwear or arrange a romantic evening for her. Such a gift will emphasize the gentle and loving attitude spouse to his wife. A beautiful bouquet will be a good addition.

As for a gift for a man, the following options are suitable for an anniversary:

Most families already have children after 15 years of marriage. They, in turn, also want to give their parents a gift. For example, the following options are suitable:

1. Album with photographs of parents. It will be very touching.
2. Handmade cards. You need to include your wishes in them.
3. Handmade knitted items.
4. Any products that children made for their parents on their own.
5. Cake made by a child. You can write a touching congratulation on it.
6. Paired keychains or pendants.
7. Decorate the house with various family photos, balloons, ribbons.

Congratulations

Congratulations on your wedding anniversary (15 years) are considered secondary, but they also need to be given attention. Usually people just buy postcards and don't even pay attention to the poems.

But this approach is wrong.

Ideal congratulations on your wedding day should show all the love and respect for the heroes of the occasion. You definitely need to consider what 15 years since their wedding means to them.

You can write a poem or, in a few sentences, reveal your attitude towards the heroes of the day, express wishes for the future life of the spouses, but in any case, you need to think through the congratulations yourself. It will be good if the text includes the names of the spouses, the day they met and their wedding. Creative congratulations, invented by the person himself, are much better remembered.

There are some difficulties with poetry, but you can express your thoughts in prosaic form. This option will also be sincere. The main thing in this case is not to forget about the theme of the celebration and talk about specific people, and not go into a description of ideal love and other philosophical reasoning.

When congratulating you on your wedding day, it is recommended to spend only a couple of minutes on your speech. This would be ideal. By the way, you can come up with a short poem with both philosophical and humorous meaning. If a family loves movies, then they can be compared to their favorite movie. The same applies to books and other works of art. But in order to write such a congratulation on the 15th anniversary, you need to know the family well, their tastes and preferences.

A crystal wedding (15 years of marriage) means a lot to a family. The husband and wife must realize how far they have come together, while maintaining tenderness and respect for each other. But the most amazing thing is that even more awaits them further bright moments, which means that the family will only become stronger.