Marriage agreement on separate property. What is a separate ownership regime? A sample contract can be viewed

Sample marriage contract with the establishment of a separate ownership regime for all property of the spouses, present and acquired in the future, is located below.

If the spouses have made a firm decision to conclude a marriage contract, then we remind you that in accordance with Russian legislation marriage contract personal relationships between spouses cannot be settled. The marriage contract establishes only the property rights of the spouses.

MARRIAGE CONTRACT

(with the establishment of the regime of separate property of spousesboth on the spouses' existing and future property)

City _________________ ______________________________________________

(date in words)

Citizen ________________________ ___________________________________,

residing at: __________________________________________________________

__________________________________________________________________________,

and citizen ________________________________ __________________________________,

(state name) (full name, date of birth)

passport series ________, N ___________, issued by ______________________________

__________________________________________________________________________, residing at: ____________________________________________________________________________, married, registered _____________________________________

(registration authority)

G. __________________________ "___" __________ _____, act

entry N _________________, marriage certificate: series _________________,

N _______________, hereinafter referred to as "spouses", for the purpose of settlingmutual property rights and obligations both in marriage and in the event of itstermination, have entered into this agreement as follows:

1. GENERAL PROVISIONS

1.1. This agreement establishes the regime of separate property of the spouses both on the property already owned by the spouses and on the future property.

Property acquired or to be acquired by the spouses during the marriage shall be the property of the spouse in whose name it is issued or registered.

In the event of the acquisition of property, documents for which are not drawn up or which is not subject to registration, the spouse who contributed cash in payment for this property.

1.2. Property that belonged to one or another spouse before marriage, as well as property received by him during the marriage as a gift, by inheritance or other gratuitous transactions, in all cases is the property of the spouse to whom such property belonged, and also was or will be transferred.

1.3. Property belonging to one spouse or another cannot be recognized as their joint property even in the case when at the expense of the property or labor of the other spouse investments were made that significantly increased the value of this property. The costs incurred in this case, even in the event of a divorce, are not reimbursed.

1.4. Any income received by one of the spouses, including special-purpose income (amounts financial assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, etc.) are recognized as the property of the spouse to whom they were paid.

2. FEATURES OF THE LEGAL REGIME OF CERTAIN TYPES OF PROPERTY

2.1. Bank deposits made by the spouses during the marriage, as well as interest on them, are during the marriage and in the event of its dissolution the property of the spouse in whose name they are made.

2.2. Things for personal use, jewelry and other luxury items acquired during marriage, regardless of whose expense they were acquired, are recognized during marriage and in the event of its dissolution as the property of the spouse for whom they were acquired and who by them enjoyed.

3. ADDITIONAL TERMS

3.1. A spouse who is the owner of residential premises (houses, apartments, etc.) may grant, during the period of marriage, on the basis of an appropriate contract, the right to use the residential premises belonging to him to another spouse without the right to register in it at the place of residence.

In the event of a divorce, the right to use the living quarters provided on the basis of paragraph 1 of clause 3.1 of this agreement is terminated. Therefore, the spouse who is not the owner of the relevant residential premises is obliged to release him within _________ days from the date of dissolution of the marriage.

3.2. The spouse is not liable for transactions made by the other spouse without his written consent.

3.3. For the obligations of one of the spouses, recovery may be levied only on the property of this spouse.

3.4. Spouses are obliged to notify their creditors of the conclusion, amendment or termination of this marriage contract.

3.5. Liability of spouses for harm caused by their minor children is determined by the civil legislation of the Russian Federation.

4. FINAL PROVISIONS

4.1. This agreement comes into force from the moment of its notarization.

4.2. This agreement may be amended or terminated at any time by agreement of the spouses.

Unilateral refusal to execute this agreement is not allowed.

4.3. The validity of this agreement is terminated from the moment of termination of the marriage, with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.

4.4. Disputes and disagreements between the parties are resolved through negotiations. If the parties do not come to an agreement, disputes are resolved in judicial order in accordance with applicable law Russian Federation. Next >

Today in Russia, the conclusion of a marriage contract will not surprise anyone. Most often, this contract is drawn up in order to stipulate in advance the conditions for owning property, property, etc.

But not everyone knows what type of property can be included in the contract, and whether it is possible to try to change the terms of the contract in the future.

Why is it necessary to conclude a marriage contract with a mark of separate ownership?

It often happens when a couple gets to know each other and decides to formalize the relationship, one of the partners or both immediately have a desire to insure themselves in case of a possible dissolution of the marriage. The question is especially acute if one owns a sufficient amount of property, and the other does not.

If you have just such a situation, then before the official marriage, enter into a special agreement that will record information on the sole management of property and property. The force of this agreement will also apply to property that will be purchased sometime in the future.

However, remember that to compose correctly marriage contract- that's half the battle. In order for the document to become legally binding and help you in case of litigation, it must be certified by a notary. You can read more about this in the RF IC in articles 40-42.

For many couples, having a marriage contract is really necessary, as it gives a sense of confidence in tomorrow, if suddenly family relationships will not work out as we would like, and the spouses will have to leave.

Features of the marriage contract

The main task of the marriage contract is to ensure the integrity and safety of property and property that has already been acquired by one of the spouses before the official marriage. It will allow you to protect not only property, but also securities, deposits, other valuables, and not share them with a second partner who, in fact, has nothing to do with them.

There are situations when it is preferable for spouses to have a separate regime for the use of property. For example, when a husband or wife is engaged in entrepreneurial activities and insists on freedom of action. This may be due to the fact that transactions such as leasing premises, buying / selling property, and so on are often carried out.

According to the law, all these actions require a written, notarized permission of the second spouse. So that each time you do not pull your soulmate, do not visit a notary and do not waste time on registration necessary documents, it is easier to issue a separate regime for the use of property once.

But there may be other situations when it is worth considering such a separation option, for example:

If one of the spouses is threatened with confiscation of all or part of their property due to legal troubles or due to a “problematic” transaction;
If family life does not work out very well and a divorce is brewing, and one of the spouses earns quite well, and the second, for some reason, is not very successful and sits on the neck of the first.

When each of the spouses knows what he can count on in the event of separation, then the storms within the family can disappear. Since, in fact, there will be nothing to argue about, there is also nothing to share, everything is distributed in advance according to the law. Perhaps for someone such certainty will even help to make the union stronger.

Is it possible to conclude a marriage contract while already married?

To conclude such an agreement, a mutual decision is needed on what and for whom will be listed. The very scheme for concluding an agreement is fixed in the Family Code of the Russian Federation and has a clear sequence.

Before taking this step, everyone must realize their responsibility and understand the consequences decision because in the future it will be almost impossible to achieve any changes even through the courts.

Thoughts that such an agreement should be concluded may come after the marriage has been concluded. And this happens quite often, because before living together, people still do not see their chosen ones from the other side, which is revealed when living together.

According to the law, a marriage contract can be concluded both before marriage and during marriage throughout the entire period. But keep in mind: if the contract was drawn up before the moment you officially became husband and wife, then it will have legal force only after registration with the registry office.

Types of property

From the point of view of the law, joint property is understood as property purchased with cohabitation from the date of registration of marriage to the date of its dissolution.

This concept includes:

any types of earnings that the spouses had;
scholarships
pensions.

But if you receive income from your intellectual work, then remember that this income is also considered joint, and the result that you received from your work is personal. You can learn more about the interesting points that arise with such earnings in article 1228 Civil Code RF.

WITH legal point view, the property can be:

joint;
personal property;
property in separate use.

joint ownership

cash deposits in banks;
funds in the authorized capital of any organizations;
vehicles for moving on roads, including cars, motorcycles, etc.;
means for air movement;
swimming facilities;
securities of different value and shares;
all types of real estate.

Everything that was acquired by the family during the marriage will be regarded by the court as jointly acquired property, and if necessary, divided equally between the spouses.

Do not think that if you have registered a car or cottage in your name, then the section will not apply to this object. From the point of view of the law, it is only important that the object was purchased in marriage, and it does not matter to whom it belongs according to the documents.

Please note that even if your significant other was on parental leave, did not take part in earning money, she is still entitled to a part joint property.

Spouses' personal property

Personal property is understood as items intended for individual use, for example:

personal items;
expensive items that were presented to the spouse;
musical instruments, if the spouse is a musician;
art supplies, if the other half is an artist, etc.;

But things that are antiques, rare and expensive, as well as luxury items and jewelry remain, from a legal point of view, common property.

Separate use of property

All property acquired before marriage by the spouses is considered as separate use. As well as the property that was personally donated to each of the spouses. This also includes things transferred by inheritance or as a result of other gratuitous transactions.

Keep in mind that if you bought something in marriage with money that was received from the sale of individual property, then this thing will be considered by law as property for separate use.

Extension and amendment of the marriage contract

Russian law takes into account only two reasons that will be the basis for changing the marriage contract:

Serious violation of the conditions prescribed in the contract;
A significant change in circumstances so that the observance of the marriage contract loses common sense.

If you want to change the terms of the agreement, then draw up a document in writing, and certify with the signatures of both spouses. The new terms will be in effect from the date of the change.

If the contract had an end date, then after it all acquired property will automatically fall into the category of personal or joint property, and the latter will be divided in half between the spouses in the event of a divorce.

If the contract was drawn up as an open-ended contract, then it will apply to all property purchased subsequently, when provided for by the agreement.

What can be done with a prenuptial agreement mutual consent spouses or through the court:

supplement;
change;
extend;
terminate.

The subject of the marriage contract

Money, movable property, real estate, interest on deposits, income from rent, loans, etc. can be entered into the marriage contract.

If you are getting married, then try to find out in advance if your chosen one (s) has credit obligations. If there is, then it is better to fix this moment in the marriage contract, because in the event of a divorce, the court may oblige you to pay the loan equally with your ex-spouse.

Responsibility under a marriage contract

When you draw up a prenuptial agreement, use the principle of fairness. And remember, in case of non-compliance with the terms of the agreement and causing material and moral damage to the other half, you can be held legally liable.

In this case, be prepared:

pay a penalty;
compensate for the damage caused;
pay interest on the use of someone else's property, etc.

All list possible consequences read in st. 393–397 of the Civil Code of the Russian Federation.

Therefore, remember that by signing a contract, you assume responsibility and obligations to fulfill the terms of the contract. Otherwise, trouble with the law and litigation cannot be avoided.

When does a marriage contract come into force and terminate?

The marriage agreement is valid after you pay the state fee, and the notary certifies it.

Cancellation is possible both by mutual agreement and in unilaterally when going to court.

You can talk about the termination of the contract in cases where:

the marriage is officially annulled;
one of the spouses has died;
the contract has expired;
the agreement is terminated;
the transaction was invalidated.

Is a contract required to be notarized?

When concluding a marriage contract, you cannot do without certification of paper by a notary. Remember that you will have to make 3 copies. One will remain with the notary and will be kept in the archive, and two will remain with each of the spouses.

Payment of the state duty in this situation is also unavoidable, since the transaction is considered by law as property, and therefore payable.

The amount of the state duty will vary from 300 r. up to 20 000 rubles Information on how to calculate the amount of the state duty is recorded in the Tax Code of the Russian Federation in article 333.24.

Remember that when parting with a spouse and having problems in a relationship, a prenuptial agreement will be very useful. It will become a guarantee of a more peaceful passage of not the most best period in your life.

In most developed countries of the world, the prenuptial agreement is the most effective way regulation of property relations in the family. But Russian couples are still extremely wary of this agreement and prefer to resolve their material issues the old fashioned way - as it will. What is a marriage contract, why is it needed and should it be concluded? What are its pros and cons? It is advisable to study the answers to all these questions long before the wedding.

Features of the marriage contract

A marriage contract is a bilateral agreement between spouses on how all property issues will be regulated in their family, not only during marriage, but also after a divorce. Actually, we are talking about a typical transaction here, only the parties to it are not outside participants, but close people.

If you look at a sample marriage contract, you will notice that the same rules of law apply to this document, in accordance with which all civil law contracts are concluded, namely:

the principle of voluntariness;
the legitimacy of all claims made;
proper registration;
the capacity of the participants.

Moreover, the law does not limit the terms of the conclusion of the contract, it can be signed in different time- before or after the wedding, as well as after many years life together. But you should take into account the moment that if the contract was concluded before registration, it will take effect only after the registration of relations. If the agreement is drawn up during the marriage, it comes into force after it is certified by a notary. The document can also prescribe its own terms, for example, indicate that its action will begin after the birth of the child.

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Pros and cons of an agreement between spouses

The marriage contract has both positive and some negative points, which need to be discussed in more detail.

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Why is it worth signing a contract?

A prenuptial agreement makes it clear what each spouse owned before marriage and what they will be left with after divorce. For example, a wife has an apartment left by her grandmother, and a husband has a small business. During family life the apartment was sold, funds were added from family budget and bought a house, the company was also invested in the general money, and it began to bring good profits.

After the dissolution of the marriage, the husband claims half of the house, while the wife claims half of the shares in the company. All these points can be specified in advance in the agreement, indicating what part of the house each of them will receive, and what share of the profit the spouse can count on.

The agreement allows you to distribute what of the joint property will go to each in a divorce. For example, indicate that the business will remain with the husband, the dacha will belong to the wife, and the apartment will be divided in equal shares between both.

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Weaknesses of the contract

Of course, during the conclusion of an agreement, it is impossible to predict how the events of a future life together will develop, therefore it is very difficult to foresee all the clauses of the agreement in advance. In addition, constantly changing legislation makes its own adjustments to the document. All this entails frequent revision of the terms of the contract, and, accordingly, additional material costs.

It is also impossible to exclude such negative aspects as coercion to sign an agreement, or concealment of one's incapacity by one of the spouses. Clearly, both of these facts entail judicial procedure declaring the contract invalid.

But in the first case, the fact of coercion still needs to be proven, and in the second, the unsuspecting spouse will suffer, who, after the termination marital relations will be left with nothing.

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How to draw up a contract

In order to avoid mistakes when drawing up a document and understand what a prenuptial agreement is, it is advisable not only to view the sample in advance, but also carefully analyze it. It should be noted that the agreement can regulate only property relations. At the same time, it is possible to dispose of not only the existing material values, but also those that are supposed to be acquired.

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What can be included in the terms of the contract

Sample document

A marriage contract is a document on which it depends material well-being both spouses. In order to avoid conflicts, disputes and litigation over its terms in the future, all its points must be carefully worked out. The document should not contain incomprehensible, vague formulations that allow their ambiguous interpretation.

There is no strict regulation of the terms of the contract in the law. The main thing is that they do not contradict existing legal norms. Optionally, the agreement may include the following clauses:

How will family expenses be distributed?
What share will each take in the income of the family.
Obligations of spouses for mutual maintenance.
Determining what property is joint, and what will belong to each separately in the event of termination of the marriage.
What liability will each of them bear?

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What can not be included in the contract

The contract is intended to regulate material relations, therefore, it does not include conditions relating to personal relationships.
It cannot contain clauses that define duties in relation to children.
It cannot prescribe conditions that restrict the rights and legal capacity of spouses, and those that place restrictions on appeals to the judiciary.
The agreement should not contain conditions that put one of the spouses in a dependent and very unfavorable position.
The document cannot restrict the possibility of receiving maintenance for a spouse who needs it.
The contract cannot contradict the current legislation.

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The concept of ownership regimes

By default, the law provides for a joint ownership regime. This means that during a divorce, all common property acquired by the family is divided in half. However, after the conclusion of the marriage contract, the property can be divided in accordance with the regime that they have chosen.

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joint ownership

In fact, this regime practically does not differ from the legal one established in family code. However, a married couple, if they wish, may include in the joint property and individual property of each of them, as well as that which they owned before registration.

For example, gifts received during family life are the property of everyone. But often during a divorce, it is on this point that disagreements arise between husband and wife. It's one thing when we are talking about a bottle of perfume or a cell phone, but you can also get an expensive gift as a gift. household appliances or car.

It is possible to provide for such disagreements in the marriage contract and include a clause in which it is indicated which of the spouses after parting will own the things received as a gift. It is also allowed to stipulate in the agreement how the premarital property will be distributed. It can also be included in joint ownership.

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Fractional ownership of property

The regime of shared ownership can be established for all or only for certain types of property. Usually it applies to real estate (apartment, cottage, land), securities, deposits. This regime involves the establishment of certain shares that each spouse will have, for example, 1/2, 2/3, 1/4, and so on. The contract can specifically specify which property is subject to the shared ownership regime, and which in no way can be included in this list.

It is better to divide the property in advance

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Separate property

The document can indicate what material values acquired during the years of marriage will belong to each spouse. At the same time, it is almost impossible to establish a separate ownership regime for all property, otherwise, with any purchase, it will be necessary to fix by whom and at whose expense it was made. It is advisable to apply this regime only to property, the registration of which is possible: real estate, vehicles, securities, deposits, and more.

For example, you can agree that the purchase will belong to the family member in whose name it is registered. IN this case a sample marriage agreement on separate property would look something like this: “A car (motorcycle, house, land) acquired during marriage is the property of the spouse in whose name it is registered.”

Spouses can also choose mixed mode(which most often happens), in which part of the property will be in common or shared ownership, for example, an apartment and a car, and deposits and securities - in separate.

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Can the contract be terminated

It is possible to terminate, as well as change the terms of the document, but only by mutual agreement. This can be done at any time by making a mutual agreement. Unilateral withdrawal from the contract is excluded. At the same time, in some cases, the contract may be terminated by judgment.

These include: a significant violation of the terms of the agreement by one of the participants, as well as a fundamental change in circumstances in which the execution of the contract completely loses its meaning. You need to think about the court after it was not possible to agree peacefully, and a refusal to terminate the agreement was received.

There is an opinion that a marriage contract is the prerogative of rich and financially secure people, and ordinary couples do not need it. Perhaps there is a rational grain in this, but still it is worth noting that the conclusion marriage agreement- this is a step towards a civilized solution of property issues that may arise in the family. Before signing a document, it is necessary to weigh the pros and cons, and so that in the future it does not become a reason for litigation, it must be drawn up under the supervision of an experienced lawyer.

The legal regime of property of the spouses assumes that the spouses own property not only on the basis of common ownership, but also the personal property of each of the spouses. Separate property of the spouses includes the following property:

1) property that belonged to each of the spouses before marriage;

2) property received by one of the spouses during marriage as a gift, by way of inheritance or by other gratuitous transactions. The property of one of the spouses may include property, although acquired during marriage, but on his personal funds, which belonged to the spouse before marriage or received by him in marriage under a gratuitous transaction;

The court may recognize the property acquired by each of the spouses during the period of their separation upon the actual termination marital relations, the property of each of them. It is a right, not a duty, of the court. Separate accommodation spouses, caused by other circumstances (study, military service, business trip), cannot serve as a basis for changing the regime of community of property.

The property of each of the spouses may be recognized as their joint property if it is established that during the period of marriage, at the expense of common property spouses or the property of each of the spouses or the labor of one of the spouses, investments have been made that significantly increase the value of this property (major repairs, reconstruction, re-equipment, etc.). An increase in the value of property can be caused both by material costs and by the direct labor contribution of the other spouse. These provisions also apply to property acquired by spouses before March 1, 1996.

with the establishment of the regime of separate property of the spouses both on the property acquired by each of the spouses before the state registration of the marriage, and on the property acquired by them during the marriage

A citizen of the Russian Federation and a citizen of the Russian Federation, married, registered in the year "" 2014, act record No., marriage certificate No., series, hereinafter referred to as "Spouses", voluntarily, by mutual agreement in order to settle mutual property rights and duties, both in marriage and in the event of its dissolution, have concluded this marriage contract as follows:

1. MARRIAGE PROPERTY REGIMEN

1.1. This agreement establishes the regime of separate property of the spouses both on the property acquired by each of the spouses before the state registration of the marriage, and on the property acquired by them during the marriage. The property that will be acquired by the spouses during the marriage (movable and immovable things, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property) is the property of the spouse in whose name it is issued or registered. In the event of the acquisition of property, documents for which are not drawn up or which is not subject to registration, with the exception of the property specified in clause 1.3. of this Agreement, its owner is the spouse who contributed money to pay for this property / who mainly used this property.

1.2. The property that belonged to each of the spouses before marriage, as well as the property received by one of the spouses during marriage as a gift, by inheritance or other gratuitous transactions (the property of each of the spouses), is his property.

1.3. Items for individual use (clothes, shoes and others), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the other spouse, are recognized as the property of the spouse who used them.

1.4. The exclusive right to the result of intellectual activity created by one of the spouses belongs to the author of such result.

1.5. Property belonging to one spouse or another cannot be recognized as their joint property even if investments were made at the expense of the property or labor of the other spouse that significantly increased the value of this property. The expenses incurred in this case in the event of divorce may be reimbursed in the amount and in the manner established by the court decision.

1.6. Any income received by one of the spouses from labor activity, entrepreneurial activity and results of intellectual activity, pensions, benefits received by him, as well as other cash payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, and others ), and so on. are recognized as the property of the spouse to whom they are paid.

1.7. Bank deposits made by the spouses during the marriage, as well as interest on them, are during the marriage and in the event of its dissolution the property of the spouse in whose name they are made.

1.8. The spouse who owns the property by right of ownership, during the period of marriage, has the right to grant the other spouse a gratuitous right to use this property under the condition of returning the property in the event of divorce, as well as in other cases, including at the unmotivated request of the spouse-owner.

2. RESIDENCE OF THE SPOUSES

2.1. A spouse who is the owner of residential premises (houses, apartments, etc.) during the period of marriage may grant the other spouse a free right to use the residential premises belonging to him with the right to register in it at the place of residence.

2.2. In case of dissolution of marriage, the right to use the living quarters provided on the basis of clause 2.1 of this Agreement is terminated. Therefore, the spouse, who is not the owner of the relevant residential premises, is obliged to release him within days from the date of dissolution of the marriage, as well as to carry out all the provisions of the current regulatory legal acts actions for deregistration at the former place of residence.

3. OBLIGATIONS AND RESPONSIBILITIES OF THE SPOUSES

3.1. A spouse who has not expressed written consent to be liable for the obligations of the other spouse shall not be liable for such obligations.

3.2. For the obligations of one of the spouses, recovery may be levied only on the property of this spouse.

3.3. Liability of spouses for harm caused by their minor children is determined by the civil legislation of the Russian Federation. Spouses are jointly and severally liable when they compensate for the harm caused by their minor children.

3.4. The spouse is obliged to notify his creditor (creditors) of the conclusion, amendment or termination of this Agreement.

4. FINAL PROVISIONS

4.1. This agreement is subject to notarization.

4.2. This Agreement shall enter into force from the moment of state registration of marriage. If by the time of the state registration of marriage, this Agreement has not been notarized, the agreement is considered concluded and enters into force from the date of notarization.

4.3. This agreement may be amended or terminated at any time by agreement of the spouses. All changes and additions to this Agreement, as well as an agreement to terminate it, must be made in writing, signed by both spouses and notarized.

4.4. Unilateral refusal to execute this Agreement is not allowed.

4.5. This Agreement is terminated from the moment of termination of the marriage, with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.

4.6. Disputes and disagreements between the parties are resolved through negotiations. If the parties do not come to an agreement, disputes are resolved in court in accordance with the current legislation of the Russian Federation.