General rules on property transactions between spouses
According to the Code of the Republic of Belarus on Marriage and Family, spouses can make property transactions with each other in respect of the property that is the property of each of them (in other words, the private property of a particular spouse).
Property acquired by the spouses during the marriage, regardless of in whose name it was registered, is the common joint property of the spouses. In relation to such property, the spouses are not entitled to carry out property transactions.
An example of the above can be a situation where a spouse cannot give her spouse an apartment or a summer house that was acquired after marriage, even if this property was issued and registered with the real estate registration authorities and the land cadastre in her name (provided that another the regime of property is not defined by the spouses in the Marriage Agreement).
Marriage contract as a property transaction
As an example, one of the most common transactions between spouses is the conclusion of a marriage contract.
The legislation of the Republic of Belarus establishes that a marriage contract can be concluded by a husband and wife who are already married, or future spouses. In the Marriage Agreement, the spouses may provide for a property regime that is different from that regulated by law. Thus, spouses can establish that an apartment acquired during marriage is the property of only the husband or only the wife.
At the same time, in the Marriage Agreement, the spouses can regulate the fate of property after the dissolution of the marriage. So, for example, a husband and wife can agree that a land plot with a garden house and a car after a divorce become the property of the wife, and the apartment and securities (shares, etc.) become the property of the husband.
Thus, the legislation of Belarus allows spouses to establish in the Marriage Agreement a different regime of property, in addition to that defined by the Code of the Republic of Belarus on Marriage and Family.
Gift agreement between spouses: legal nuances
According to the general legislative rule, a donation agreement between spouses in relation to common joint property is not possible.
So, for example, a husband cannot give his wife an apartment as a gift if this apartment was acquired during marriage and the marriage contract did not establish that the apartment is the private property of the husband. Such an apartment is the common joint property of the spouses and donation to her wife is prohibited.
However, another situation must be considered. The apartment was inherited by the husband (after the death of his mother). In this case, the apartment is the private property of the husband, and the husband and wife have the right to conclude a donation agreement, i.e. such a donation agreement will be certified by a notary and does not violate the requirements of the law.
It must be borne in mind that there are two exceptions to the rule of common joint ownership:
– property passed to one of the spouses in the order of inheritance;
– the property was donated to one of the spouses.
Another example can be considered. Wife was given a car. As established by the Code of the Republic of Belarus on marriage and family, the car became the private property of the wife, i.e. this property is not a common joint property. In this case, the wife has the right to give her husband a car.
Thus, a donation between spouses as a property transaction is permitted if the property was donated to one of the spouses or passed into his ownership by inheritance.
If you have questions related to transactions between spouses, and you need help or advice from a lawyer, please contact our lawyers at the email address: info@familylawyer.by or by phone: +375293570355.
