A cohabitant is The rights and obligations of cohabitants

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

Theoretically, to create a strong family, it is enough just to love each other and experience an irresistible desire to live under one roof. But this opinion is erroneous, although it creates the illusion of independence for both spouses. So what if they talk about such relationships with a grin, not taking them seriously. This is a personal matter for everyone. But let's discard all kinds of prejudices and talk about the very concept of an unconventional union of partners, and also find out why it is dangerous for both. What are the features of "civil marriage"? What are the rights of each spouse? And who is a partner. These are just a few of the questions we'll cover here.

The difference between cohabitation and official marriage

So, unlike the classic 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 cannot be positioned as a union. Rather, it is cohabitation, which implies living together in the same living space. At the same time, the “civil husband” is referred to as a cohabitant (this name is considered an alternative to the official spouse), and the “wife”, respectively, is calledcohabitant.

The second important point. Due to the lack of official registration of marriage, both spouses are deprived of protection from the current Family Code. This means that in the event of separation, it will be difficult for partners, for example, to divide property. In order to make it clear how vulnerable roommates are to each other, it is necessary to shed light on their real rights.

Cohabitation legally

As we already said, the rights of a roommate 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. In the event of disability of one of the spouses, the second is obliged to care for the victim and, of course, provide him financially. With a divorce, such obligations are removed from him.

When officially parting, all common property, including real estate and vehicles, is divided between the spouses. In some cases, all civil disputes are resolved through the courts.

Is a "common-law husband" capable of dividing property?

All agreements and obligations of "common-law spouses" exist only in words. They are conditional and therefore have no legal force. And if initially your everyday life is filled with romance and the absence of any official obligations, then problems may arise later. For example, a frequent subject for disputes is the property of cohabitants, to which the rights of a common-law husband,however, like wives, they do not apply. Another thing is if, after parting, both partners remain in excellent relationships and resolve the issue of sharing amicably. However, this is extremely rare.

The same goes for children. It is difficult for an unofficially married and divorced woman to file a formal request for alimony. Like the father of a child, after the dissolution of a civil marriage, it is incredibly difficult to defend his rights in court and, for example, keep him. Such litigation is possible, but it can take years to decide.

Can an unofficial spouse sue an apartment or house?

It happens that after parting, the former roommate begins to threaten the owner of the apartment. Like, I’ll take away the living space, and I’ll drive you and the child out into the street. Anything happens. So, in the absence of his registration in the house, he has no right to do so. True, a small percentage of the negative outcome of events for the offended lady is all there.

But in this case, the cohabitant has yet to prove the fact of his residence. Witness statements and, for example, receipts for utility bills are suitable as evidence.

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

Theoretically, a cohabitant in an apartment can qualify for a division of property. But he will face the difficult task of proving that the property acquired in such a marriage was common. As evidence, for example, testimonies of friends and relatives, extracts frombank cards, payment receipts and loan agreements, checks and other documents. Sometimes letters are used for such purposes, including emails, correspondence in social networks.

But even with such a large selection of evidence, it is not so easy to find those that will be accepted by the court. For example, in order for a letter to be skipped by representatives of Themis, you first need to confirm its authorship. And only after that it should be notarized. By analogy, comments and correspondence in social networks can be immortalized using a screen, and then given to a notary for signature.

How to prevent problems with the division of property?

In order to prevent possible troubles with the division of common property in advance, a number of preventive measures should be taken initially. For example, when buying large items, you must register 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 relations.

How is the loan property going?

The situation is much more complicated when a cohabitant or his passion has taken out a loan in the house. For example, it may be participation in shared construction. But since such a loan is documented, the second spouse will not be able to claim it a priori. And this despite the fact that the second spouse could well participate in the repayment of a bank loan.

Moreover, if one of the cohabitants is insolvent, at the end of legal proceedings (by the bank), he may well lose his property orliving space. And this despite the fact that it was acquired in a civil marriage and unofficially considered common.

In order to avoid such credit problems, you should 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 division of property in the event of separation, etc.

Is the sale of real estate in a civil marriage legal?

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

If this union was official, then the implementation of this action would require written permission from your other half. In the absence of a stamp in the passport, the owner of the property has every right to sell or donate it without the permission of his partner.

Housing and registration of a partner

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

For comparison: if the marriage was official, then the cohabitant could just as well claim to live in the apartment, but not part of it. It would be possible to write him out, as in the case of a common-law spouse, through the court.

Inheritance rights of civil spouses

In the event of the death of one of the spouses, issues related to the division of the inheritance may arise. But in the Family Code there is no such thing as a cohabitant of a mother or sister, for example. There is a husband and wife. Consequently, the rights of inheritance do not apply to the unofficial passion of the deceased. According to the law, only the official spouse, who in this case refers to the heirs of the first stage, can count on them. But, in addition to her, children and parents of her husband can claim this right.

However, a common-law wife may well prove the fact of her dependency (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 insolvency, as well as her complete dependence on the suddenly deceased. But even if this succeeds, then real relatives of the husband, for example, his children from his first marriage, can join in the division of the inheritance.

Birth of a child in illegal marriage

Living under the same roof with a person who does not want to take on 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 may agree to a quick signature and legitimize your relationship, or leave everything as it is and acknowledge the fact of paternity. The last option involves obtaining an official document of registration of the child under the name of the spouse and the issuance of a certificate of paternity.

But the roommate is an unpredictable person,who may refuse to fix their parental rights. The court will help to solve the problem (based on Article 49 of the SCRF). As evidence of paternity, representatives of Themis can consider not only the testimony of witnesses, but also the results of a medical examination. And only after a positive outcome of the court, a common-law wife can file a secondary lawsuit to recover alimony from her baby's father.

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