The roommate is ... The rights and duties of cohabitants

Theoretically, to create a strong family it is enough just to love each other and to experience an irresistible desire to live under one roof. That's just this opinion is mistaken, although it creates the illusion of independence for both spouses. Well, what if they talk about such relationships with a grin, without taking them seriously. This is a personal matter for everyone. But we reject all kinds of prejudice and talk about the very concept of an unconventional alliance of partners, and also find out what is dangerous for both of them. What are the characteristics of "civil marriage"? What are the rights of each of the spouses? And who is the roommate. This is only a small part of the issues that we will consider here.

The difference between cohabitation and formal marriage

So, unlike the classical marriage union, which is officially registered and stamped in the passport, "civil marriage" is called so only formally. Since such a family is not officially listed anywhere, it can not be positioned as an alliance. Rather, it is cohabitation, meaning cohabitation on one living space. At the same time, "civil husband" is referred to as a roommate (this name is considered an alternative to the official spouse), and "wife", respectively, is called a concubine.

The second important point. Because of the absence of an official marriage, both spouses are deprived of protection by the current Family Code. This means that in the event of separation partners will find it difficult, for example, to share property. In order to understand how cohabitants are vulnerable to each other, one should shed light on their real rights.

Cohabitation in terms of law

As we already said, the rights of the cohabitant are strictly limited. Recall that the Family Code applies only to spouses who are officially married. For example, both partners are required to be responsible for jointly acquired property, as well as children born in a classical marriage union. In the event of a disability of one of the spouses, the second is obliged to take care of the victim and, of course, to provide it financially. With divorce, such duties are removed from him.

With an official separation, all common property, including real estate and vehicles, is divided between the spouses. In some cases, all civil disputes are resolved by the court.

Is a "civil husband" able to share property?

All the agreements and duties of "civil spouses" exist only in words. They are conditional, therefore have no legal force. And if initially your everyday life is filled with romance and the absence of any formal obligations, then later there may be problems. For example, a frequent subject for disputes is the property of cohabitants, to which the rights of a civil husband, however, like wives, do not apply. It's another matter if, after parting, both partners remain in perfect relations and solve the issue of sharing amicably. However, this is extremely rare.

The same applies to children. Unofficially living in a married and divorced lady is difficult to file an official request for alimony. Like the father of a child after the dissolution of a civil marriage, it is incredibly difficult to defend one's rights in court and, for example, leave it at home. Such trials are possible, but the decision on them may be delayed for many years.

Can an unofficial spouse condemn an apartment or a house?

It happens that after parting the former roommate starts to threaten the owner of the apartment. Like, I will take away the living space, and you and the child will be driven out into the street. Anything can happen. So, in the absence of his residence permit in the house, he has no right to do this. True, a small percentage of the negative outcome of events for the offended lady is all there is.

But in this case, the companion has yet to prove the fact of his residence. As evidence, witness testimony and, for example, receipts for utility bills are suitable.

When can I claim the division of property after the break?

Theoretically, the roommate in the apartment can claim the division of property. That's just before it will appear a difficult task to prove that the property acquired in such a marriage was common. As evidence, for example, certificates of friends and relatives, bank card statements, payment receipts and credit agreements, checks and other documents are suitable. Sometimes for such purposes use letters, including electronic, correspondence in social networks.

But even with such a large choice of evidence, finding those that the court will accept is not so simple. For example, to let the letter be missed by the representatives of Themis, you first need to confirm its authorship. And only after that, you should notarize it. By analogy, comments and correspondence in social networks can be perpetuated with the help of a screen, and afterwards and given to a notary for signature.

How to prevent problems with the sharing of property?

In order to prevent possible troubles with the sharing of common property in advance, a number of preventive measures should be taken initially. For example, when buying large items, you need to arrange them in your name. Thus, you will automatically become the owner, and your partner will not be able to claim them in the event of a break in the relationship.

What about credit assets?

It is much more complicated when the cohabitant or his passion has arranged a loan in the home. For example, it can be participation in shared construction. But since such a loan is documented, the second spouse can not claim it a priori. And this despite all that, the second spouse could quite participate in the repayment of the bank loan.

Moreover, if one of the cohabitants turns out to be insolvent, at the end of the legal proceedings (on the part of 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, it is worthwhile to carefully study the bank agreement and, if necessary, adjust it. For example, it can indicate the recognition of the rights of common shared ownership, prescribe cases of separation of property in case of separation, etc.

Is it legal to sell a property in a civil marriage?

It so happens that your roommate (this is one of the most common cases with real estate) suddenly decides to sell an apartment in which the husband and wife previously lived together.

If this union were official, then this action would require written permission from your second half. In the absence of a stamp in the passport, the owner of the real estate has the full right to sell or donate it without the permission of his partner.

Housing and residence permit

If the apartment or house is your property, but the cohabitant (registered) resides in it, this does not give him the right to claim a part of it in the divorce. According to experienced lawyers, this issue can be resolved through the courts. Thanks to the filed lawsuit, it is really possible to write him out of his living space on the grounds that he is not an official husband or even a member of your family.

For comparison: if the marriage was an official, the cohabitee could just as well apply for living in an apartment, but not for a part of it. To write it out, as in the case of a civil spouse, could be through a court.

Rights to inheritance of civil spouses

In the event of the death of one of the spouses, there may be issues related to the division of the inheritance. That's only in the Family Code such a concept as a partner of a mother or sister, for example, no. There is a husband and wife. Consequently, the rights of inheritance to the informal passions of the deceased do not apply. According to the law, only the official spouse can count on them, which in this case relates to the heirs of the first stage. But, besides her, the children and parents of the husband can claim this right.

However, a civil wife may well prove the fact of her dependence (on the basis of Article 1148 of the Civil Code of the Russian Federation). For example, if she can point out her financial and physical inconsistency, as well as full dependence on the suddenly died. But even if it succeeds, the real relatives of the husband, for example, his children from the first marriage, can connect to the division of the inheritance.

Birth of a child in an illegal marriage

To live under one roof with a person unwilling to assume any obligations is one thing. But when a child appears in such a fictitious family, things take a completely unpredictable turn. In such situations, the husband can agree to a quick painting and legitimize your relationship or leave it as it is and acknowledge the fact of paternity. The last option involves obtaining an official registration document for the child under the name of the spouse and issuing a certificate of paternity.

Here only a roommate is an unpredictable person who can refuse to register his parental rights. Solve the problem will help the court (on the basis of Article 49 of the SCRF). As evidence of paternity by the representatives of Themis, not only the testimony of witnesses, but also the results of medical examination can be considered. And only after the positive outcome of the trial, the civil wife can file a secondary claim for recovery from the father of her child alimony.

As you can see, the unofficial marriage union is conditionally formal. Therefore, all the rights and obligations of the parties are extremely limited and compressed. You can prove your rightness after parting. But why complicate things, if there is such a thing as official marriage ?!