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What is included in the marital property

What is included in the marital property

The marital property includes all property of the spouses, which was obtained, acquired by any of them or together during the marriage.

Some exceptions to this rule are provided by family law.


Joint property involves legalproperty regime of the spouses, which is automatically used when entering into any marriage, if there is no prenuptial agreement. The property, which is considered a joint, defined in Article 34 of the Family Code of the Russian Federation. According to this norm to such property includes all property, which appeared during the marriage. For example, as of this property lists all monies received by any spouse as income from labor, business, other activities, tangible benefits that do not have a target character. In addition, the general recognized any acquisition of movable, immovable property, bank deposits, shares, share. The law expressly stipulates that the joint property regime does not involve any difference in who exactly made any purchase made money for it.

What is excluded from the joint property?

There are some categories of items thatlegally excluded from the joint ownership. So, from or obtained before the marriage the property is the sole property of the spouse who acquired it, got a different way. If any item donated, received an inheritance by one spouse with the current status, it is solely his property, such things are not covered by the joint property regime. It is also not recognized by common things that are meant for personal use, results of intellectual activity of a particular spouse. If an item of personal use is recognized luxury, precious, it is also a joint property.

Can an individual be jointly acquired property?

Family law, alsoIt provides the only case in which the personal property of one spouse may be recognized jointly. This is possible when the other spouse with their work significantly increased the value of this property, investments have been made in this thing from the general funds of the spouses. Each such situation is considered individually, estimated courts on property division stage. Subsequently, in the judgment indicates the recognition of the specific things jointly acquired property, the rationale for this decision.

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