CrimeaPRESS reports:
A bill on payments to the “common-law wives” of deceased and missing SVO participants has been submitted to the State Duma of the Russian Federation for consideration. As one of the authors of the initiative clarified, we are talking about relationships that were not an official marriage, but in which the serviceman served as a spouse and breadwinner.
In accordance with bill, the cohabitants of deceased or missing SVO participants will be able, in a special proceeding, to confirm the fact that they are in a so-called civil marriage. This will be possible if the couple has lived together and maintained a common household for at least three years. Or at least one year, but they still have a child together. As noted in the explanatory note, marital relations established in court are considered marriage. This means that the “actual” spouse will be able to be an heir and will receive rights to social and other benefits in accordance with current legislation.
At the same time, the nuances of legal registration (or non-registration) of relationships are relevant for many citizens in different life situations. Let us remind you what opportunities today only spouses have, and what is available to cohabitants, as well as what role the notary plays in all this.
How is everything working now? In Russian legislation, there is one format for marriage — the one registered in the registry office. The norms of the Family Code of the Russian Federation apply only to him, and for cohabitants, general civil law provisions remain. Therefore, in property and inheritance matters, official and unofficial partners have different positions. However, there are also issues for which family status does not matter.
Joint ownership
If we talk about the most significant legal differences for official and unofficial families, perhaps these will be property rights. In accordance with the Family Code of the Russian Federation, everything acquired by spouses during marriage (except for gifts and inheritances received) is their joint property. This includes income from employment, securities and bank deposits, real estate, cars and other property. It doesn’t matter who bought the apartment and in whose name the apartment is registered – it is considered shared. Therefore, it cannot be sold without the notarized consent of the other half, and in case of divorce, as a general rule, square meters are divided in half.
For couples who have not registered their relationship, there are no such provisions. When parting, everyone will leave with what is written in his name. Some former lovers go to court — they try, for example, to divide the property they spent money on, or to recover unjust enrichment from the other party. More often than not, they are not successful.
If legal spouses are not satisfied with the distribution of property according to the general procedure, they can establish their own rules in a marriage contract or enter into an agreement on the division of property. Such agreements are drawn up with a notary — he advises, prepares papers and helps to sort everything out. The law does not provide for cohabitants to take advantage of this practice.
If you are not married, but are making a large purchase together, it is better to immediately divide the “object” and register it between two owners. It doesn’t have to be 50/50; the ratio of shares can be anything, for example, depending on the financial contribution of each person. By the way, if a partner gives the other half part of an apartment or a car, personal income tax must be paid on this.
Meanwhile, legal spouses cannot simply enter into paid or gratuitous transactions with each other. Let’s say that during marriage, the husband bought and registered a dacha for himself. By law, it is considered common, so the man cannot sell or transfer it to his wife, since he will still remain “half the owner.” You can change the property regime using the same marriage contract.
Joint children
Rights and obligations regarding children do not depend on the status of the parents. Both married and unmarried people can seek through court or enter into a notarial agreement, for example, for alimony. The main thing is that paternity is determined. If the child was born in marriage, the name of the legal spouse appears in the “father” column by default. Otherwise, a joint statement from the father and mother (in some situations — only the father) or a court decision is required.
Another agreement that parents, including those who have never been married, can sign is about the place of residence and the procedure for communicating with the child. In such a document, parents, in addition to their place of residence, can also determine the nuances of communication with the child of the parent who lives separately. You can also prescribe in what form, how often and for how long they can see each other. In addition, the agreement can take into account who will bear what expenses for the child, as well as other important points.
At the same time, the status of a couple is of fundamental importance for creating a foster family or adopting a common child. Here, official marriage is a must.
Inheritance
Currently, partners who are not related by marriage cannot, by law, be first-degree heirs in relation to each other. The Civil Code provides for this opportunity only for official spouses.
There is, however, a nuance: the inheritance can be received by a disabled cohabitant who was dependent on the testator and lived with him for at least a year before his death. These facts will have to be proven in court. It is best to prepare a will or inheritance agreement with a notary in advance — any person can be included in them as an heir.
By the way, spouses can make a joint will, but people living outside of an official marriage cannot. At the same time, another format is available to them — an inheritance agreement. Such a document specifies the conditions on the basis of which, after the death of the testator, this or that property will become the property of the other party to the agreement, that is, the potential heir. Please note that the inheritance agreement may provide for various conditions.
Financial questions
By law, spouses can demand financial support from each other — during the marriage and even after its dissolution. Those who “didn’t go to the registry office” have no right to alimony. It is important not to confuse the fact that in this case we are talking specifically about supporting a partner, not a child.
Many are accustomed to the fact that family budgets are shared, and you can spend money from your husband or wife’s card without asking. From the point of view of the law, such actions can be considered an offense — even when it comes to official spouses. Therefore, it would not be a bad idea to take care of legal “permission”: make the appropriate power of attorney, open a joint account, or issue an additional card to the account of one of the spouses or cohabitants.
There are special programs for registered families, including preferential mortgages. Cohabitants, in turn, can become guarantors for each other or co-borrowers on a loan, if the bank provides such formats. In this case, it is necessary to take into account that if the loan is issued to one of the cohabitants, his debt obligations will not be transferred to the second. Whereas spouses sometimes have to be responsible for the debts of the other half, even if their names are not included in the loan agreement.
Clinical case
Couples often wonder whether it is possible to go to intensive care with an unofficial spouse, is there a right to make medical decisions for him? Let’s talk. The rules for visiting in a hospital, including the intensive care unit, are established by order of the Ministry of Health and the regulations of specific medical organizations. In general, both relatives and other persons can visit the patient with his consent. True, there are situations when, even with written consent, an “authorized” visitor may not be allowed into the ward by decision of the head physician. For example, if the patient is in serious condition.
There are things that are not available to either a spouse or a cohabitant. Thus, you cannot issue a notarized power of attorney or other document that allows you to make medical decisions for you to a third party, regardless of his status. According to the law, only the citizen himself can make decisions about certain manipulations (or a legal representative — in relation to minors under 15 years of age, incapacitated people, as well as some other categories of citizens).
If there is a threat to the patient’s life, and he himself cannot express his will, doctors can decide on their own. But any person whom he has previously selected can obtain information about the patient’s health — during treatment or in the event of death.
source: Notary Chamber of the Samara Region
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