Legal encyclopedia. The letter AND

THE PROPERTY OF SPOUSES

- property of spouses, as defined by the Family Code of the Russian Federation.

Two regimes of IS are envisaged-fork and contractual.

The legal regime is valid, unless otherwise stipulated by the marriage contract. This is the regime of joint ownership of spouses for property acquired during the marriage. It includes:

1) income from labor, intellectual, entrepreneurial activity of each of the spouses;

2) pensions, allowances, other monetary payments;

3) movable and immovable property acquired for general income, securities, etc.

Also, the spouses have individual property. It includes:

1) property that was owned by each of the spouses before the marriage;

2) the property received by each of the spouses during the marriage as a gift, by inheritance,

For other gratuitous transactions;

3) things that are in individual use, acquired during marriage, including common means, except for jewelry, luxury goods.

The court may recognize:

1) the common property of the individual property, which has been improved, is maintained at the expense of common funds;

2) the individual property of each of the spouses, I., acquired during the time of separation after the termination of family relations.

IS is considered to belong to joint children, if it is:

1) acquired, to meet the needs of underage children;

2) contributions that were made to the account of minor children at the expense of common property.

IS on the contractual regime operates in accordance with the marriage contract concluded between the spouses. To enter into a transaction, the consent of the other spouse is required for the transaction. To complete a transaction related to the disposal of real property requiring notarial certification,

Registration, you need a notarized consent. If the transaction was committed without the consent of the second spouse, it can be recognized on the suit of this spouse by the court invalid.

Joint property of spouses is terminated in voluntary or judicial order during the marriage or after its dissolution by mutual agreement or not.

In the division of the general IS, usually equal shares of this property are determined, if there was no agreement between the spouses on a different proportion of shares.

The spouses may have personal and general debts. Personal debts are collected only on the property of the spouse-debtor, and for common spouses are answered both in general and in solidary order.

In the event that spouses change the regime of common property by concluding, changing, annulling the marriage contract, they are obliged to notify the creditors about this, otherwise they will be liable for the obligations in accordance with the legal regime, regardless of the content of the marriage contract.