the Law gives a detailed answer to the question, what is considered joint property of the spouses. If we talk quite simple: all they had made together, is their common good. The courts will not share each thing separately: the car today, apartment tomorrow, in a year the country. The initiative was made by the Chairman of the Duma Committee on state construction and legislation Pavel Krasheninnikov and the head of the state Duma Committee on family, women and children, Tamara Pletneva.
“the Bill proposes to consolidate the Family code that the common property of the spouses represents the sum of all “assets” and “liabilities” acquired by spouses in marriage. It will be treated as a single property complex, and not as a set of individual objects,” – said Pavel Krasheninnikov. Accordingly, if the spouses are unable to divide all peacefully, the court will help them to understand. But it will be done in a single process.
Before partition of property, the court will have to determine the size of the overall property, and then set the size of the share each.
the Classic version: everything in half. But there is a separate agreement where one gets a third, the other two-thirds, etc. Then there will be a list of objects that someone passed to offset their share.
for example, a family apartment, house, car, Bank account. The total mass of such and such, everyone expected so much. Wife goes to the apartment and almost all the Bank account, husband, cottage, car and some money.
the initiative Also details prescribing how to distribute the debts between the spouses, when someone scored loans. When crippling debt has become common, it will enable joint procedures of family bankruptcy. A divorce will be in installments, that is, for example, the spouse who will live in large, the former family home will pay another compensation, but not immediately, but gradually. And this is not all of the ideas from the received document. As said Pavel Krasheninnikov, the bill improves property relations in the family law. Suggesting the point of the amendment.
“They are formulated very carefully with the goal of minimal impact on the existing Institute of family relations,” he said.
one More thing – the property relations of the spouses based on trust. This means that each of them can sell the most of what they acquired together. For example, nothing prevents the husband to make his wife a surprise, selling the family car. Or prop the oven. While the other spouse is often unable to protect their property interests since these transactions can be challenged only if proven bad faith of the buyer. And what is the demand from the person who came on the ad and bought the car?
the Initiative aligns the balance. If CT��of the spouses sold the family good without the consent of the partner, his share in the common property in a divorce can be reduced.
“in addition, husband (or former husband), who did not know about the acquisition during the marriage the other spouse some property, and will after the divorce to protect their interests and to demand transfer to it of the appropriate scope of rights to such property, based on the established proportions in the entire property,” – says Pavel Krasheninnikov.
So what if the husband secretly gave the mistress a diamond, the wife could demand from them their share.
Now there are cases when spouses have debts for example, debt on utility bills, loans. The bill proposes to Supplement the bankruptcy procedure of individuals rules on joint bankruptcy spouses who have common debts. This will be possible on their application.
And the examination will check the marital status of all buyers of apartments. If a married man will bring the documents do not make it the sole owner. Under current law, if the spouses acquired the property, the right of joint ownership to this object are not reflected in the Unified state register of real estate, unless the spouse of the purchaser asks in his statement.
the Bill provides almost “automatic” procedure for entry into egrn information about facilities of real property to both spouses. The Registrar will be required in the order of interdepartmental information interaction request information about the presence or absence of marriage, every citizen who applies for registration of ownership of purchased property.
