Advocacy and notary office. Issuance of certificates of ownership of a share in the common property of spouses (the most important)

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Advocacy and notary office. Issuance of certificates of ownership of a share in the common property of spouses (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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50. Issuance of certificates of ownership of a share in the common property of the spouses

The issuance by notaries of certificates of ownership of a share in the common property of the spouses is carried out on the basis of Art. 74-75 Fundamentals of the legislation of the Russian Federation on notaries and Art. 34-37 of the Family Code of the Russian Federation.

Yes, Art. 34 of the Family Code of the Russian Federation establishes what applies to the common property of the spouses.

It should be noted that a certificate of ownership of property owned by each of the spouses cannot be issued.

The basics provide for the issuance of certificates of ownership of a share in common property:

1) at the joint application of the spouses;

2) at the request of the surviving spouse.

Issuance of a certificate of ownership of a share in common property acquired during marriage is carried out upon a joint written application of the spouses.

A certificate of ownership of a share in the common property of the spouses can be issued at any notary, with the exception of certificates of ownership of a residential house, apartment, cottage, garden house, garage, as well as a land plot, which are issued by a notary at the location of the said property.

At the request of the spouses, the certificate may be issued both to both of them and to one of them, either for equal or unequal shares.

To issue a certificate of ownership of a share in the common property of the spouses, a combination of three conditions must be present:

1) the presence of marital relations. This fact can be established by a notary, for example, on the basis of a marriage certificate or a marriage registration mark in the spouses' passports;

2) the fact of acquisition of property during the period of registered marriage;

3) the property must be the common joint property of the spouses.

In the event of the death of one of the spouses, a certificate of ownership of a share in the common property of the spouses shall be issued by a notary at the place of opening of the inheritance upon a written application by the surviving spouse with notification of the heirs who have accepted the inheritance.

Upon a written application of the heirs who accepted the inheritance, and with the consent of the surviving spouse, the share of the deceased spouse in the common property may also be determined in the certificate of ownership.

Authors: Nevskaya M.A., Shalagina M.A.

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