How to prove cohabitation in a civil marriage

The Russian Family Code recognizes only official relationships between family members. The form of cohabitation between a man and a woman who, by mutual consent, created a family, but did not register their union, is commonly called a civil marriage. The law and popular consciousness actually equate such relationships with cohabitation. In such families there are also natural mutual claims of a property and non-property nature, requiring government intervention. In this regard, there is a need to prove cohabitation in a civil marriage.

Signs of a civil marriage

From a scientific and legal point of view, a civil (secular) marriage is a marriage union registered in government bodies that have the appropriate competence, without the participation of the Christian church. In our article, under this term we will consider forms of unregistered cohabitation, which, nevertheless, have actual characteristics of a family.

In practice, in the process of long-term cohabitation under one roof, a certain internal structure is formed, based on the satisfaction of mutual needs, a joint budget is planned, a common household is maintained, property is acquired, children are born and raised, and social ties are jointly maintained. If such signs are present, the union of a man and a woman has the status of unofficial cohabitation.

The difference between official marriage and cohabitation in the 21st century

In the Soviet Union, the word “cohabitation” had a disparaging connotation: this form of family was not welcomed, as it did not correspond to ideology. The official family was considered a reliable unit of society, a guarantor of the stability of the entire state.

The modern view is far from those ideological guidelines. There are fewer and fewer frameworks and conventions, more and more freedom and personal choice. And while other states are deciding what to do with non-traditional couples and whether to allow such marriages, in Russia the issue of giving people living in unregistered relationships the rights of a full-fledged official family has become especially acute.

Legal features of citizens in an unregistered marriage

In accordance with Ch. 3 tbsp. 10 of the Family Code, the state recognizes as legal relations a marriage concluded only in the civil registry office, with mandatory inclusion in the registers. Such registration automatically initiates family legal relations protected by the state. This includes various forms of social protection (inheritance of material and other assets, property rights, collection of alimony, etc.). In an unregistered family, each spouse acts as a free citizen who is not endowed with the rights of an official spouse.

Examples:

Each of the spouses has only the property for which ownership has been registered (acquired, received as a gift, inherited, etc.) or part of the property in the amount of the contributed share. The legal consequences of the presence of joint property arising in the family are not realized here.
The joint earnings of spouses living in cohabitation are not recognized as their common budget.
In the event of a divorce, such spouses do not inherit obligations under credit relations and promissory notes.
In the event of alienation or seizure of property (apartment, car, etc.) of the husband or wife, the consent of the second spouse is not required, and the partner is not notified.
In court or during interrogation as part of operational-search activities, one of such spouses is obliged to testify against the husband or wife, since he is not a legal relative of the accused.

In cohabitation, the only rights and obligations that may arise relate to common children: payment of education, allocation of funds for maintenance, payment of alimony. But this requires documentary evidence of maternity and paternity.

Peaceful division of property

It is possible to divide an apartment and other property after a break in civil relations, as well as establish the amount of alimony peacefully . This is the simplest method and is used when cohabitants are on good terms and are ready to cooperate, and the apartment is their common property. As a rule, it is possible to agree verbally, but in order for the agreements to have more weight, it is advisable to consolidate them with the help of a settlement agreement. The agreement describes in detail all the steps of dividing the property and is certified by a notary.

What is proof of the existence of a civil marriage?

The fact of living in an unofficial, civil marriage can be confirmed either by documents or by testimony.

Witness testimony

Relatives of one or both defendants, neighbors, school teachers, medical staff serving family members, colleagues, law enforcement officers (precinct or KMDN inspector), housing office or public employees, and out-of-school education teachers can prove cohabitation in a civil marriage.

Evidence of joint farming

The list of documentary evidence to prove a civil marriage is unlimited. This could be a joint bank account, travel packages, paternity documents, joint rental agreements, hospital bills, personal correspondence, etc.

This may also include testimony about joint purchases, repairs of vehicles or real estate, and farming.

Birth of a child

A joint child is one of the most important confirmations of a successful civil marriage. The court establishes parental rights in two ways: if the spouse provides a record from the registry office, where he appears as the father on the child’s birth certificate. The second way is to undergo a court-ordered genetic examination to establish the fact of biological paternity. The refusal to undergo an examination is interpreted in favor of a decision to recognize such a man as the father.

Statement of claim for division of property

To begin dividing property or establishing alimony, you need to write a corresponding application. Moreover, you can use several alternative versions of such statements:

In the first case, you should write an application for recognition of the right to a share of the property. It is used if the property is registered in the name of one person, but the second common-law spouse also invested his money in this property.
The second case is when the spouse claims unjust enrichment. Such a statement is worth writing if it can be proven that one of the spouses transferred their money to the other.

When you have chosen the type of claim document, you need to indicate a certain set of information about common-law spouses. For example, who is the plaintiff, the name of the application, on what grounds it is being submitted, attached documents, request, etc. An application for division of property should look like this.

Why should a civil marriage be recognized as legal?

As a rule, even the fact of unregistered family relations proven in court does not give rise to any legal consequences. However, proof of this status is resorted to when establishing the fact of paternity (in addition to the data of a DNA examination, and also if it has not been carried out). Another case is the establishment of the right to inherit property and resolve property disputes (within the framework of standard civil law relations).

Recognition of a civil marriage is required:

when collecting alimony;
determining in court the mode of communication with children after the relationship between parents has ended;
resolving the issue of lifting the ban on traveling outside Russia for a child.

This is also relevant in the case of a child’s acquisition of citizenship.

To receive alimony

Proving cohabitation in a civil marriage can be important when resolving issues of alimony. The procedure for filing a claim for persons in such a relationship is complicated by establishing paternity. The fact of biological relationship must be proven in court (Article 49 of the RF IC) or voluntarily recognized by the father and documented (Article 48 of the RF IC).

The imposition of penalties in favor of a child born in cohabitation is no different from this procedure in relation to children born into an official family, as directly stated in Art. 53 of the Family Code. Payments of alimony to a pregnant mother, a disabled former spouse and additional alimony (Article 86 of the RF IC), for example, for housing, are excluded in cohabitation.

To receive an inheritance

Sometimes, when deciding on the issue of inheritance in the event of the death of a spouse or during a divorce, persons who were in an informal relationship turn to the Supreme Court to recognize the civil marriage as legal. Then the legal consequences of such a decision begin.

Entry into inheritance after the death of one of the spouses who were in a civil marriage is possible for the remaining members of such a family if:

the deceased has drawn up an appropriate will;
the survivor is officially recognized as a dependent in accordance with Art. 1148 Civil Code of the Russian Federation;
the family has a common child, and paternity has been established and officially registered.

In this case, the child acts as the heir of the first priority, which allows civil marriage to be recognized as a legal reason for entering into inheritance.

For the division of common property

It is almost impossible to prove that cohabitants have equal rights to property acquired by the family. The most convenient solution for both parties would be an amicable agreement between the interested parties or the provision of documents confirming their shared participation in the acquisition of property.

If an agreement on shared participation has not been drawn up, you can try to defend property rights in court by providing supporting documents that allow you to prove jointly acquired property in a civil marriage. These can be sales receipts, receipts, purchase and sale agreements indicating who contributed what amount. The subsequent division of such property occurs in accordance with the provisions of Art. 252 of the Civil Code of the Russian Federation.

Consequences of cohabitation between citizens

The absence of official registration does not give these relations a legal character; their presence does not give rise to mutual duties, rights and responsibilities.

If a man and woman live together outside of a formal marriage, obligations and rights will only apply to the children born to them if the corresponding entries are made on the minors' birth certificate.

For example, parents will be required to allocate funds for the maintenance of children (pay alimony) regardless of whether children were born in a legal marriage or not.

Consequences of a man and woman being in a civil marriage:

impossibility of concluding a marriage agreement;
inability to obtain documents as a family in need of improved living conditions; receive compensation or subsidies, as well as other support measures related to family (marital) obligations;
the inability to claim property purchased jointly, even if the things were acquired through joint efforts using common money, or were produced by the personal labor of the cohabitant;
the inability to demand alimony as a disabled spouse (for example, a woman in a position does not have the right to demand money for her maintenance, even if the child’s father is recorded as such in official documents);
the impossibility of entering into inheritance rights under the law in relation to the property of a cohabitant, even if the fact of being in a civil marriage is proven after the death of the testator. Cohabitants are not considered by Russian law as relatives, therefore they do not have the right to claim inheritance if they are not included in the list of heirs under the will. Also considered exceptions are cases where a cohabitant is a dependent. In this case, the fact of dependency must be officially proven.

Good to know:

How is marital property divided during a divorce?
Is it possible to challenge a marriage contract?
How to apply for child support if we are not married, but the child is registered with the father?

How to prove a civil marriage in court

In Russia, it is impossible to recognize a civil marriage as legal. But the proven fact of family relations is sometimes taken into account when deciding whether to maintain the right of residence. This is relevant if after such a relationship one of the spouses has a child. Recognition helps to recover part of the funds spent on common property and housekeeping (if there is an evidence base), as well as loan debts with a joint loan.

For evidence, the court is provided with witness statements or documents confirming joint expenses and running a joint household.

Claim for recognition of a civil marriage

An application to establish the fact of residence as one family and recognition of a civil marriage as legal must contain an indication of the purpose for which such a fact is established. Usually this is either “confirmation of ownership of part of the property” or “realization of inheritance rights.”

There is no separate form of claim for recognition of cohabitation as marriage. You can file a claim in court to establish a fact of legal significance. This may occur in disputes over property rights. The procedure for drawing up such a document is described in Art. 256-267 Code of Civil Procedure of the Russian Federation.

Collection of evidence

Collection of evidence when going to court comes down to confirmation by any facts indicating long-term cohabitation, in which the interests of the cohabitants were mutually satisfied and a common household was maintained. The most indisputable evidence is the common children born in an unregistered family. An important point is the testimony of third parties confirming the family relationship between the plaintiff and the defendant.

Evidence of family relationships provided to the court must cover the longest possible period and indicate specifically the joint actions at this time. This could include certificates of family composition, registration documents, joint contractual obligations to purchase property. Photographic documents and correspondence should indirectly indicate the nature of the relationship between a particular man and woman.

What is recognized as jointly acquired property?

When a civil marriage ends, the division of property is one of the most troublesome events. But first, let’s figure out what can be classified as common property received in the process of common residence.

Real estate of various types (apartment, house);
Allotments of land;
Movable property;
Tools such as agricultural machinery or musical instruments;
Jewelry;
Other material benefits received during the period of cohabitation (bonuses, lottery winnings)

But in cohabitation, common-law spouses can acquire individual property, which includes:

Property that spouses acquired before entering into cohabitation or after they stopped living together (including an apartment);
Apartments that were purchased with a person’s personal savings or with the help of a loan issued in his name;
Items that are intended exclusively for personal use (jewelry does not count);
Intellectual property, regulated through copyright;
Property that was given to one of the cohabitants or was inherited by him.

Property included in the second list cannot be divided even after an official relationship, since only one of the cohabitants has the right to it.

Recognition of civil marriage as legal: judicial practice

Alas, Russian judicial practice does not allow civil marriage to be recognized as legal, and property issues of members of such families are resolved on a general basis. The heirs are the direct relatives of the spouse who owns the property, and recovery of amounts voluntarily spent on the needs of the family that are not documented is impossible.

Examples can be found in cases already considered by the court. For example, case No. 2-2159/2019 on a claim for the recovery of unjust enrichment. During the court hearing, the Supreme Court considered the claim of Maksyutov S.G. against Leonova N.N. for the return of the amount spent by the plaintiff on the acquisition and renovation of joint housing on a plot with cadastral number 50:31:0020102:13.

The rights to this land plot in accordance with the purchase and sale agreement belong to Leonova. It was she who, under the terms of the relevant agreement, paid the seller 2,698,000 rubles.

When Maksukov stopped cohabiting with Leonova, he demanded that she return the funds he spent in the amount of 9,400,000 rubles, of which expenses amounted to 6 million rubles. documented. The plaintiff believes that for Leonova this money is unjust enrichment.

Since, according to the law, cohabitants do not have mutual obligations and do not have joint rights to property, and Maksukov knew about this, the court recognized Maksukov’s expenses as voluntary and not subject to recovery, leaving the claim unsatisfied. Basis - clause 4 of Art. 1109 of the Civil Code of the Russian Federation.

Such a family union can be recognized in court if it was concluded before 1944, or if the legal norms of another country are applicable to the family, allowing for the possibility of official recognition of cohabitation.

After the death of a spouse

If one of the cohabitants dies or leaves the family, the second, as a rule, is left with nothing. This is dangerous when a couple bought an apartment and registered it in the name of the husband or wife.

In this case, the property will go to the children and other relatives of the deceased. If there are children together, then the property will remain with them, and the mother will not have to look for other housing.

You can make a will, but at a young age no one worries about this. Over the past 10 years, the number of deaths from cardiovascular diseases at a young age has been increasing. But even if there is a will, this does not provide an absolute guarantee. A good lawyer will challenge it in court and return the property to the relatives of the deceased.

And since the marriage was not officially registered, it means that it is almost impossible to prove the right to half.

If a husband dies while married, the wife receives compensation as well as a portion of her husband's salary. The director of the enterprise also pays vacation pay and funeral expenses. In cases of cohabitation, such payments are not provided.

What to do in case of refusal to recognize a marriage

In practice, 99% of cases considered by courts for the recognition of civil marriages end in refusal. The only reasonable solution is to register the relationship in the manner established in Russia, through the civil registry office. The family automatically falls under state protection in accordance with the provisions of the Family Code.

Otherwise, the resolution of all material and non-material issues for persons in informal cohabitation takes place within the framework of civil law relations for each member of such a family - individually.

Additional problem solving options

Usually going to court is required as a last resort. For example, if a cohabitant refuses to support children. However, in practice, any issue can be resolved by concluding an agreement between the parties or drawing up another document.

For example, a will will help avoid problems with inheritance. An alimony agreement will ensure respect for the rights of common children. The property can be immediately registered as common property.

If citizens decide to ignore the institution of marriage, they can take advantage of other civil legal options.

Read: How to recover additional child support expenses other than alimony

You can establish paternity of your common children even without being married

Outside of marriage, paternity is established by a joint application of the child’s parents simultaneously with the registration of his birth or later. If, before the birth of the child, you have a suspicion that after the birth it will be difficult or impossible to submit a joint application (for example, one of the parents will go on a long business trip or there is a risk to his life), you can submit the application during pregnancy.

The father can also file an application to establish paternity on his own (without the mother’s consent, but with the consent of the guardianship and trusteeship authority) in the following cases: the mother has died, been deprived of parental rights, or been declared missing.

Differences arise when the father objects to the establishment of paternity.

The only difference between an official marriage and an unregistered partnership is the simplified nature of the “assignment” of paternal status. During marriage and for 300 days after its dissolution, there is a presumption that the official spouse of the mother is the father of the born child (unless she wishes to leave a dash in the “Father” column or indicate another person).

If the spouse in the marriage has objections, he can challenge paternity in court, but until the decision enters into legal force, he will remain the father of the child. In an unregistered union, it’s the other way around: the man will not be considered the father of the child until the court’s decision to establish paternity comes into force.