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Divide the property of spouses will be in a new way: the Family code of the Russian Federation is being amended

Добавлена: 27.10.2020   Количество просмотров: 824

Divide the property of spouses will be in a new way: the Family code of the Russian Federation is being amended

The state Duma of the Russian Federation has adopted a bill changing the procedure for regulating property relations between spouses. The document introduces changes to the Family code of the Russian Federation and a number of other normative-legal acts.

In accordance with the bill, the joint property of spouses will be considered as an array of all their "assets" and "liabilities", that is, as a single property complex. The Family code will explicitly state that the joint property of the spouses includes real estate, movable property, as well as joint debts of the spouses and their property rights (including securities, non-cash funds and shares in the capital of legal entities).

There will be a ban on splitting up so-called business assets — such as controlling stakes. Such indivisible objects will be recognized by the court as the property of one of the spouses, and at the expense of the size of his share in the joint property. It is possible that the cost of an undivided object will exceed the size of the share. In this case, the court will seek monetary compensation in favor of the other spouse.

If one of the spouses entered into a transaction for the alienation of jointly acquired property, and the other spouse did not consent to it, the court will have the right to reduce the alienator's share in the division proportionally.

The legislator is confident that the proposed changes will stabilize and make more transparent the property relations of spouses-both during their marriage and during divorce.

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