1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?

Currently, the Code of the Republic of Belarus on Marriage and Family (hereinafter – the CMF) lacks a special regulation on conflicts of property relations between spouses as well as a marriage contract (the property of spouses may be the subject of a marriage contract). Guided by Part 2 of Article 7 of the CMF, according to which civil, housing and other legislation of the Republic of Belarus is applied to family relations only if no regulation of such relations is provided by the legislation of the Republic of Belarus on marriage and family, and to the property relations of spouses, Paragraph 3 of Article 1093 of the Civil Code of the Republic of Belarus should be applied (hereinafter referred to as the Civil Code), where the right of the closest relationship is indicated as the applicable law (for example, in this case, the same citizenship or place of residence of the spouses or the location of the real estate may serve as one of the criteria). In the event that property relations form the subject of a marriage contract, the law applicable to the marriage contract should be applied. On the basis of Part 5 of Paragraph 1 of Article 1 of the Civil Code, it can be deducted that contractual obligations of an intersectoral nature with the participation of a foreign element may be subject to general conflict-of-laws rules governing contractual relations. Proceeding from this, the regulations of Articles 1124-1125 of the Civil Code shall apply to a marriage contract complicated by a foreign element.

Special conflict regulation of property relations of spouses takes place in a number of treaties to which the Republic of Belarus is a party:

- The Treaty between the Union of Soviet Socialist Republics and the Hungarian People's Republic on Providing Legal Assistance in Civil, Family and Criminal Matters of 1958 (Article 25/B),

- The Treaty between the Union of Soviet Socialist Republics and the Republic of Cuba on Legal Assistance in Civil, Family and Criminal Matters of 1984 (Article 22),

- The Treaty between the Republic of Belarus and the Republic of Latvia on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1994 (Article 26),

- The Treaty between the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1982 (Article 25),

- The Treaty between the Republic of Belarus and the Republic of Latvia on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1994 (Paragraph 4, Article 26),

- The Treaty between the Republic of Belarus and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 1993 (Article 28),

- The Treaty between the Republic of Belarus and the Socialist Republic of Vietnam on Legal Assistance and Legal Relations in Civil, Family, Labor and Criminal Matters of 2001 (Article 27),

- The Treaty between the Republic of Belarus and the Republic of Poland on Legal Assistance and Legal Relations in Civil, Family, Labor and Criminal Matters of 1995 (Article 27),

- The Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Matters of 1993 (Article 27),

- The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 2002 (Article 30).

International treaties to which Belarus is a party do not contain conflict regulation of a marriage contract.

 

1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?

Concerning property relations, spouses can choose the applicable law, if it is the subject of a marriage contract. In this case, Article 1124 of the Civil Code shall apply. It formalizes the concept of unrestricted autonomy of the will of the parties, that is, the spouses may select as applicable the law of any state, either at the conclusion of the marriage contract or sometime after, making appropriate changes to it. The choice of law can directly arise as a result of the terms of the contract or the circumstances of the case considered in their totality. The choice of the applicable law by the parties to the contract, made after the conclusion of the contract, has retroactive effect and is deemed valid from the moment of its conclusion without prejudice to the rights of third parties.

When choosing the applicable law, however, it is necessary to take into account such mechanisms for limiting the operation of the conflict method as circumvention of the law enshrined in Article 1097 of the Civil Code (invalid agreements and other actions of participants in relations governed by civil law, that are aimed at subordination of the relevant relationship to another law in circumvention of the rules of the Civil Code on the applicable law; in which case the law of the relevant state to be applied in accordance with the provisions of the Civil Code shall apply) and super-mandatory rules, regardless of the parties' choice of the law (Article 1100 of the Civil Code).

The property rights and duties of spouses include the rights and obligations associated with their property, as well as the duties of spouses for mutual maintenance.

When regulating the property relations of spouses, in addition to the regulations of the Code on Marriage and Family (CMF), the provisions of the Civil Code shall apply. According to Part 1 of Paragraph 1 of Article 1 of the Civil Code, civil legislation regulates family relations, unless otherwise provided for by legislation on marriage and family. In particular, the issues of possession, use and disposal of the property in joint ownership of the spouses are determined by taking into account the provisions of the civil legislation on the common joint property of the spouses (Articles 256-259 of the Civil Code) and general provisions on the right of property (Section II of the Civil Code).

The legislation does not define the concept of "matrimonial property regime", but based on the provisions of the family and civil legislation, it is possible to distinguish the legal and contractual regimes of matrimonial property.

According to Article 23 of the CMF, the property acquired by the spouses during their marriage, irrespective of the fact for whom of the spouses it was acquired or for whom or by whom of the spouses money was contributed, is their joint property. Spouses have equal rights to own, use and dispose of this property, unless otherwise provided by the marriage contract. In accordance with Paragraph 1 of Article 259 of the Civil Code, the property acquired by the spouses during their marriage is in their joint ownership, unless the contract between them establishes another regime of this property.

Thus, the legal regime of the matrimonial property differs from the contractual regime: under the lawful regime, the basis of property relations between the spouses is the law on the basis of the norms of which the spouses carry out possession, use and disposal of the property acquired during their marriage, as well as its division; under the contractual regime of the property of the spouses, the property rights and duties of the spouses during the marriage and/or in the event of its

dissolution shall be determined by the agreement between the spouses in which they have the right to derogate from the legal regime of the matrimonial property. According to Article 13 of the CMF, their marriage contract is such a contract.

 

2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?

Joint property arises from the moment of the marriage conclusion or from the moment stipulated by the marriage contract.

In accordance with the legal regime of the matrimonial property, all property acquired by the spouses in the period of their marriage, both movable or immovable property which, in accordance with the legislation may be the item of the property rights of citizens (Law of the Republic of Belarus of July 15, 2010 No. 169-Z "On objects that are exclusively in the ownership of the state, and types of activities the implementation of which is the exclusive right of the state" identified the objects that can be owned exclusively by the state). In particular, the community property includes: income from labor or entrepreneurial activities received by each spouse; property items acquired during the marriage; pensions, allowances; gifts to both spouses; residential houses, apartments, summer cottages, garages; cash, shares, bonds and other securities; an enterprise as a property complex, a building, edifice, equipment, vehicles. The number and value of the property is not limited.

The property is the common joint property of the spouses, irrespective of the fact for whom of the spouses it was acquired or for whom or by whom of the spouses money was contributed (Part 1 of Article 23 of the CMF). For example, a dwelling room acquired by the spouses during their marriage period will be related to the common joint property, even if the ownership of it in accordance with the provisions of Article 131 of the Civil Code and the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "On state registration of immovable property, the rights to it and transactions with it" (hereinafter referred to as the Law on state registration of immovable property) will be registered in the name of one of the spouses.

The common joint property of the spouses also includes jewelry and other luxuries purchased during their marriage at the expense of the common means of the spouses, despite the fact that it is one of the spouses who usually uses such property items. In accordance with the Law of the Republic of Belarus of June 21, 2002 No. 110-Z "On precious metals and precious stones", valuables include precious metals (gold, silver, platinum, etc.) and precious stones (natural diamonds, emeralds, rubies, sapphires, etc.). Luxury items usually include furs, designer clothes, etc. The law does not disclose what should mean luxury goods, since this is an evaluation category. The question of assigning certain property items to luxury goods is decided by the court depending on the standard of living of a particular family.

The common joint property of the spouses also includes the property items of the professional activities of each of the spouses (musical instruments, special library, medical products, medical equipment, etc.) acquired during their marriage (unless otherwise stipulated in the marriage contract). The peculiarity of these property items is in the fact that in the event of the division of property, the court can award the property items of professional occupations acquired during the marriage, to the spouse in whose use they were, with a decrease in the share in the property of the other spouse or the assignment to him/her of the obligation to compensate their value to the other spouse.

Spouses have equal rights to own, use and dispose of jointly acquired property, unless otherwise provided by the marriage contract. They exercise their powers to own, use and dispose of their common joint property by mutual consent.

The spouse acts in the interests of the family without a power of attorney, because according to Paragraph 2 of Article 256 of the Civil Code, the disposal of property in joint ownership shall be carried out with the consent of the spouses, which is assumed, irrespective of who of them has made the deal on disposal of property. However, this rule does not apply to immovable property, for the disposal of which a written consent of each participant of common joint property is required.

The principle of equality of the spouses' rights to own, use and dispose of common joint property can be changed by the spouses in the marriage contract (for example, it can be established

by agreement of the parties that alienation or pledge of property in joint ownership of the spouses shall be carried out without the consent of the other spouse). In this case, to formalize a transaction, a notary or registrar will demand the marriage contract.

Equality of powers of the spouses in respect of the common joint property does not depend on the contribution of each of them to the acquisition of this property. Spouses have equal rights to jointly acquired property even if one of them, during the marriage, was engaged in housekeeping, childcare or for other valid reasons did not have independent earnings (income), unless otherwise stipulated by the marriage contract (Part 2 of Article 23 of the CMF).

In addition to the property related to the matrimonial property of the spouses, each of them also has his/her property, belonging to the separate property of the spouses. According to Article 26 of the CMF, this category includes:

1) property owned by the spouses before marriage,

2) property received by them during marriage as a gift or by inheritance,

3) property items of individual use (clothes, shoes, etc.) acquired during the marriage at the expense of the common means of the spouses are recognized as property of the spouse who used them. Exceptions are jewelry and other luxuries, as they relate to common joint property.

However, in a judicial procedure, the property of each of the spouses may be recognized as their common joint property, if it is determined that during the marriage, at the expense of the common property of the spouses or personal property of the other spouse, investments were made that significantly increased the value of this property (overhaul, restoration, etc.), unless otherwise provided by the marriage contract.

According to Article 27 of the CMF, spouses may mutually enter into any property transactions not prohibited by law, regarding the property that is in the ownership of each of them.

It should also be noted that in accordance with Article 29 of the CMF, spouses are obliged to support each other financially.

Those who need a financial assistance – whether it is the wife during pregnancy, the husband who looks after their common child under the age of three, or looks after their common disabled child under the age of eighteen, or looks after their common disabled adult child, and also a disabled spouse – are entitled to demand maintenance from the other spouse who has the financial means necessary for this.

A marriage contract may also provide for other cases in which the duty of the spouse to provide financial assistance to another spouse arises.

The right of a disabled spouse to receive financial assistance from the other spouse who has the necessary financial means for this is retained even after the dissolution of the marriage, if he/she became disabled before the dissolution of the marriage or within one year after its dissolution (Article 30 of the CMF).

If the spouses have been married for a long time (at least ten years), the court is entitled to collect alimony in favor of the divorced spouse also if he/she has reached the retirement age not later than five years from the date of the dissolution of the marriage.

The former spouse who is in need of material assistance retains the right to be kept by the other former spouse who possesses the financial means necessary for it: before their common child reaches the age of three, if he/she looks after that child; before their common disabled child reaches the age of eighteen, if he/she looks after that child; for the duration of care for their common disabled adult child.

The ex-wife who needs material assistance retains the right to receive maintenance from her ex-husband who has the means necessary for this during pregnancy, if the pregnancy has occurred before the dissolution of the marriage.

The amount of money collected for the maintenance of the spouse is determined by the court on the basis of the material and marital status of both spouses in multiple relation to the basic value established at the time of payment (Article 31 of the CMF).

 

2.2. Are there legal presumptions concerning the distribution of property?

There are no legal presumptions regarding the contractual regime of the matrimonial property in the legislation, since the principle of autonomy of the will of the parties operates, the spouses can provide in the marriage contract any conditions that do not contradict the law.

Concerning the distribution of property under the legal regime of the matrimonial property, the following presumptions can be distinguished:

1) it is assumed that all the property of the spouses acquired in marriage is their common joint property, unless the agreement between them provides otherwise: the property acquired by the spouses during the marriage, regardless of the fact for whom of the spouses it was acquired either for whom or by whom of the spouses money was contributed, is their common joint property, unless a different regime of this property is established by the contract between them (Article 23 of the CMF and Article 259 of the Civil Code);

2) it is assumed that the spouses have equal rights to own, use and dispose of common property, unless otherwise stipulated by the marriage contract (Article 23 of the CMF);

3) in the case of the division of property, which is the common joint property of the spouses, their shares shall be recognized as equal, unless otherwise stipulated by the marriage contract (Article 24 of the CMF);

4) if a spouse makes a transaction for the disposal of property in joint ownership, the consent of the second spouse is assumed, with the exception of transactions with respect to immovable property, for the disposal of which the written consent of the second spouse is required (Paragraph 2 of Article 256 of the Civil Code).

 

2.3. Should the spouses establish an inventory of assets? If so, when and how?

The legislation does not provide for the need to establish an inventory of assets.

 

2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and can it be pleaded against a third party?

Spouses have equal rights to own, use and dispose of jointly acquired property, unless otherwise stipulated by the marriage contract (Article 23 of the CMF). They exercise their powers to own, use and dispose of common property by mutual consent.

Under the legal regime of the matrimonial property, each spouse acts in the interests of the family without a power of attorney, because according to Paragraph 2 of Article 256 of the Civil Code, the disposal of property in joint ownership shall be carried out by mutual consent of the spouses, which is assumed, irrespective of the fact who of them effected the transaction on property disposition. However, this rule does not apply to immovable property, for the disposal of which the written consent of the second spouse is required.

If one of the spouses makes a transaction in violation of the established procedure, such a transaction may be recognized invalid by the court as not conforming to the requirements of the law (Article 169 of the Civil Code).

In addition, pursuant to Paragraph 3 of Article 256 of the Civil Code, a transaction related to the disposal of common property by one of the participants in joint ownership may be invalidated at the request of the other participants on the grounds that the participant who made the transaction lacks the necessary powers only if it is proved that the other party to the transaction knew or should have had advance knowledge about it (Article 175 of the Civil Code).

If, during the consideration by the court of the requirement to divide the property that is the common joint property of the spouses, it is established that one of them has alienated such property or spent it at his/her discretion contrary to the will of the other spouse and not in the interests of the family, or concealed the property, then this property or its value (Paragraph 20 of the resolution of the Plenary Session of the Supreme Court of the Republic of Belarus of June 22, 2000 No. 5 "On the practice of courts in applying legislation in cases of divorce") shall be taken into account.

However, in their marriage contract, the spouses may change the principle of equality of the spouses' rights to own, use and dispose of common joint property stipulated in the legislation for

common joint property of spouses. In particular, it may be established that the alienation or pledge of property in the joint ownership of the spouses shall be carried out without the consent of the other spouse, or it may be established that certain property does not belongs to the common joint property of the spouses, but to the property of one of the spouses. In this case, for the execution of the transaction for disposal of property, it is required to provide the marriage contract.

 

2.5. Are any legal transactions made by one spouse also binding on the other?

For the obligations of one of the spouses (for example, payment of alimony for a minor child from another marriage), the execution may only be levied upon the property in his/her ownership, as well as upon his/her share in the common property (Article 28 of the CMF). But it is not allowed to levy execution for the obligations of one of the spouses upon the property of a unitary enterprise owned by spouses on the right of common joint property (Paragraph 3 of Article 259 of the Civil Code).

For the obligations of one of the spouses, the spouses are responsible for the property that is their common joint property, if the court finds that the benefits received from the obligations are used for the benefit of the whole family. For example, one of the spouses has signed a loan agreement for the purchase of furniture for the family.

The execution of compensation for the damage caused by crime may also be levied upon the property that is the common joint property of the spouses, if the court judgment in the criminal case establishes that this property was acquired with the funds obtained by illegal means.

 

2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

The property owned by the spouses on the right of common joint ownership includes not only property items and property rights, but also obligations of the spouses. They can arise from contracts, damage, crime, and on other grounds.

The obligations of the spouses may be personal and common, depending on the following circumstances: whether one spouse is a party or both spouses are parties to the obligation; the purpose of the obligation; the designation of the funds received under the obligation. In particular, personal ones are: obligations that arose before marriage; after marriage, however, to meet the spouse's personal needs; obligations burdening the property transferred to the property of one of the spouses; obligations as a result of causing harm, payment of alimony and other obligations closely related to the personality of one of the spouses. The common obligations of the spouses, in particular, are: obligations in which both of the spouses are debtors; obligations committed by one of the spouses, if the benefits received upon them have been used for the benefit of the whole family.

For the obligations of one of the spouses, the execution may be levied only upon the property in his/her ownership, as well as upon his/her share in the common property (Article 28 of the CMF). But it is not allowed to levy execution for the obligations of one of the spouses upon the property of a unitary enterprise owned by the spouses on the right of common joint property (Paragraph 3 of Article 259 of the Civil Code).

For the obligations of one of the spouses, the spouses are responsible by the property that is their common joint property, if the court finds that the benefits received for the obligations are used for the benefit of the whole family.

The execution of compensation for the damage caused by crime may also be levied upon the property that is the common joint property of the spouses, if the court verdict in the criminal case establishes that this property was acquired with the funds obtained by criminal means.

For obligations that are undertaken by both spouses, the execution may be levied upon their joint property and upon the property of each of them (article 28 of the CMF)

If the spouses want to determine their mutual rights and obligations with respect to the property otherwise than established in accordance with the legal regime of the matrimonial property

(common joint property), they can enter into a marriage contract (both before marriage and during the marriage).

Spouses can also divide their common property by applying to a notary for obtaining a certificate of ownership of a share in the property acquired by the spouses during their marriage, if the legal regime of this property has not been changed by the marriage contract (Paragraph 154 of the Instruction on the procedure for performing notarial acts approved by the regulation of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63 (hereinafter referred to as the Instruction on the procedure for performing notarial acts)). Such a certificate may be issued to spouses both during the marriage period and to former spouses regardless of the period that has passed since the dissolution of the marriage. Unless otherwise established by the spouses, the certificate of ownership shall be issued by the notary in equal shares. At the request of the spouses, the notary may issue such a certificate in the shares indicated by the spouses.

 

3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?

In their marriage contract, the spouses may change the regime of common joint property of spouses established by the legislation to the regime of property of each spouse or to the regime of common shared property. They can make a contract both with respect to the entire joint property as well as in respect to its individual types, including property items of professional occupation.

If the provisions of the contract establish a common shared and/or separate property not for all of the property belonging to the spouses, this will mean that the rest of the property belongs to them in accordance with the legal regime of property (Article 23 of the CMF) on the right of common joint ownership.

However, it is not allowed to change, in the marriage contract, the ownership of each of the spouses to the regime of common joint ownership. Under Article 246 of the Civil Code, common joint ownership arises only on the grounds provided for by law. This regulation is imperative. Therefore, it is impossible to form common joint property of spouses based on any contract, including a marriage contract. In relation to property owned by spouses before marriage (and also received during the marriage as a gift or by inheritance), a marriage contract may not provide for the transfer of such property to the common joint property of the spouses. Nonetheless, in relation to this property, the spouses may mutually enter in all property transactions that are not prohibited by law (Article 27 of the CMF), and also make a gift agreement.

Part 1 of Article 13 of the CMF establishes only an indicative list of issues that may be agreed upon when entering into a marriage contract. The following may be determined in the marriage contract:

 

1) rights and obligations of spouses for mutual maintenance, including after the dissolution of their marriage.

When defining, in the marriage contract, the rights and obligations of mutual maintenance, the spouses must take into account that a marriage contract may not establish conditions that worsen the situation of one of the spouses in comparison with the conditions stipulated by the legislation (Articles 29-33 of the CMF). Therefore, the marriage contract may only contain conditions that supplement the statutory grounds for providing material assistance to a spouse or an ex-spouse. For example, it is possible to establish the right to receive funds for maintenance, regardless of the fact whether one of the spouses is able or unable to work; to provide for the existence of such a right for a former spouse, regardless of the length of the marriage. The parties to the marriage contract may coordinate not only the grounds, but also the amount, procedure and timing of the provision of material assistance to each other. These conditions may be reciprocal (apply to both spouses or ex-spouses), or apply to receipt of material support only by one of the spouses (or former spouses).

 

2) the procedure for the division of property, which is the common joint property of the spouses.

If they make a marriage contract, the spouses can define the procedure for sharing their joint property in it. Pursuant to Part 2 of Article 24 of the CMF, when dividing the property, which is the

common joint property of the spouses, subject to the existence of a marriage contract, the court proceeds from its terms and determines which items are to be transferred to each of them. At the same time, the spouses may depart from the principle of equality of the spouses' shares stipulated by the legislation (Part 1 of Article 24 of the CMF), having established a different proportion of shares, or provide for the impossibility of derogating from this principle. The agreement of the parties may determine the procedure for the division of all property related to the common joint property, as well as its individual types; both the available property and property items that will appear in the future. When they establish the procedure for the sharing of joint property, the parties can determine the timing for its transfer.

Since the law provides, in case of the division of property that is the joint property of the spouses, that if one of the spouses receives transferred items worth more than the share due to him/her, the other spouse shall be awarded appropriate monetary compensation (Part 3 of Article 24 of the CMF), the spouses may establish in the marriage contract the procedure for resolving the issue of payment of monetary compensation, determine its amount and the terms of payment.

 

3) jointly acquired property, which will be transferred to each of the spouses after the dissolution of their marriage.

When making a marriage contract, instead of determining the procedure for dividing the jointly acquired property, the spouses can determine which property items will be transferred to each of the spouses when dissolving the marriage. This can concern both whole of the spouses' jointly acquired property and its individual types. For example, the spouses may agree on the condition of transferring it to one of the spouses after the dissolution of the marriage only with respect to immovable property.

 

4) conditions regarding the change of the regime of common joint property of spouses established by the legislative acts of the Republic of Belarus by establishing the share ownership or ownership of each of the spouses for all the property subject to attribution, in accordance with the legislative acts of the Republic of Belarus, to common joint property, or to certain types of such property.

When establishing the regime of common shared property, the spouses can determine the share of each of them in common share property by agreement of the parties (for example, to establish that the share of one spouse is 1/3 and the share of the other is 2/3), or choose the procedure for determining shares (for example, depending on the amount of income each spouse contributes to the common property). However, it should be borne in mind that if the marriage contract does not specify the shares or the procedure for determining them, then in accordance with Part 1 of Article 247 of the Civil Code, the spouses’ shares will be considered equal.

The regime of separate property of spouses will mean that the property acquired during the marriage by each spouse is his/her property, therefore the spouse has the right to own, use and dispose of this property at his/her own discretion. Property items of professional occupation of each spouse, under the legal regime of the property of the spouses, belong to the common joint property (Article 25 of the CMF). The parties, under the terms of the marriage contract, may also attribute to separate this property (for example, to provide that such property items belong to the spouse who makes use of them). The inclusion of this provision in the marriage contract is possible, since Part 1 of Article 25 of the CMF provides that the items of professional employment of each of the spouses acquired during the marriage period are common joint property, unless otherwise stipulated by the marriage contract.

While keeping in the marriage contract the regime of joint ownership of the separate property, the spouses must take into account that according to Article 246 of the Civil Code, common joint ownership can arise when legislative acts permit the formation of joint ownership of property. Therefore, it is possible to establish a regime of joint common ownership only with respect to property acquired by spouses after the marriage. In relation to property owned by spouses before marriage (and also received during the marriage as a gift or by inheritance), the marriage contract cannot provide for the transfer of such property to the common joint property of the spouses. But in relation to this property, the spouses may mutually enter into all property

transactions not prohibited by law (Article 27 of the CMF), including the conclusion of a gift agreement.

Spouses can settle in a marriage contract a provision with respect to all property, as well as some of its types (for example, to establish common joint ownership only with respect to the apartment owned by the spouses). If the provisions of the contract establish a common shared and/or separate property only for some of the property belonging to the spouses, this will mean that the rest of the property belongs to them in accordance with the legal regime of property (Article 23 of the CMF), which is the regime of common joint ownership.

It is possible to provide an agreement in the marriage contract with respect to both the existing property and the property that will appear in the future. At the same time, it is necessary to establish the principle according to which the property will be attributed to the joint common, shared or separate property of the spouses, or to identify the types of property that from the moment of the acquisition will fall under the property category determined by the parties.

In cases when the marriage contract changes the regime of joint ownership of property to another regime, the right of ownership of immovable property subject to state registration arises after the state registration of the marriage contract and the right based on it at the organization for state registration of immovable property, the rights to it and transactions with it.

 

5) conditions regarding the impossibility to recognize the property of each of the spouses as their common joint property, if during the marriage, at the expense of the common property of the spouses or personal property of the other spouse, investments will be made that significantly increase the value of this property (overhaul, restoration, etc.).

According to Part 3 of Article 26 of the CMF, the property of each of the spouses may be recognized as their common joint property if it is established that during the marriage period, at the expense of the common property of the spouses or personal property of the other spouse, investments were made that significantly increased the value of this property (overhaul, restoration, etc.), unless otherwise provided by the marriage contract. However, by agreement of the parties, the spouses can specify in the marriage contract the condition about the non-application of this general rule. Accordingly, regardless of the investments made, the property will remain the property of the spouse to whom it originally belonged.

 

6) other issues of the relationship between the spouses (the procedure for bearing family expenses by each of them, etc.), parents and children, if it does not violate the rights and legal interests of others and does not contradict the legislation of the Republic of Belarus.

First of all, it is necessary to pay attention to the inaccuracy of the wording used by the legislator, according to which the marriage contract can define "other issues of the relationship between spouses ..., parents and children". Such an agreement cannot regulate relations between parents and children, since children may under no circumstances become a party to the marriage contract between their parents. In this case, the legislator had in mind the possibility of determining the mutual rights and obligations of spouses with respect to children in the marriage contract (in particular, the coordination of the issues concerning the place of residence of children, the amount of alimony, the procedure for communicating with children of a separately living parent, as well as other issues of supporting and upbringing children). The need to regulate the relationship of spouses towards their children is due to a special situation of such spouses, since in the event of the birth of a child, each of the spouses has already not only the status of the husband or wife, but also performs the functions of a parent. As married parents, the spouses have not only a set of rights and obligations provided for by law in relation to their children (Chapters 10, 11 of the CMF), but also the mutual rights and obligations to ensure proper upbringing and support of the child. Thus, according to Part 2 of Article 75 of the CMF, all the issues on the forms and methods of upbringing children, offering them education, attitude towards religion, organizing leisure time and other issues of raising children shall be decided by mutual consent of both parents; disagreements between parents on the issues of child rearing shall be resolved in court.

Under the legal regime of property, the spouses have equal rights to own, use and dispose of this property, including in the event that one of them, during the marriage, was engaged in

housekeeping, childcare, or for other valid reasons did not have independent earnings (income), unless otherwise provided by the marriage contract (Article 23 of the CMF). By making use of the marriage contract, the parties can determine the procedure for owning, using and disposing of joint common property (for example, determining the days of using a country house for each of the spouses). In this case, the spouses have the right to both expand and narrow the powers of one of them to own, use or dispose of joint property. In particular, pursuant to Paragraph 2 of Article 256 of the Civil Code, the disposal of immovable property in joint ownership shall be carried out with the consent of the spouses, therefore, when one of the spouses enters into a transaction, there must be a written consent of the second spouse to this transaction. However, such consent is not required if the marriage contract establishes that the alienation or pledge of the property in the joint ownership of the spouses shall be carried out without the consent of the other spouse, or the marriage contract has changed the regime of the joint property of the spouses.

Among other agreements concerning property that determine the mutual property rights and obligations of spouses, one can also include the establishment of ways and procedure for the participation of spouses in each other's income, or ways and procedures for each family member to bear family expenses.

Among the non-property rights and obligations of spouses that can be agreed upon by the parties in the marriage contract, an agreement on the forms, methods and means of upbringing children should be noted. Such an agreement can be made not only with regard to the already existing children of the spouses, but also with regard to their future children.

Rights and obligations of spouses stipulated in the marriage contract may be limited to certain timeframes (Part 4 of Article 13 of the CMF). The term may be determined by the calendar date or the expiry of a time period (Article 191 of the Civil Code). The parties can establish both the duration of the contract (for example, 5 years from the date of marriage), determine the initial term of the contract (for example, 7 years after the conclusion of the marriage contract), and agree on both terms (for example, the marriage contract takes effect a year after the marriage and terminates after 15 years of married life).

The effect of the marriage contract may be made dependent on the occurrence or non-occurrence of certain conditions (for example, the common joint property between the spouses arises from the moment of the birth of the child, the effect of the marriage contract is terminated in case of loss of ability to work by one of the spouses).

When determining the terms of the marriage contract, it is necessary to take into account the legal restrictions, that is, the impossibility of including in the marriage contract provisions that violate the rights and legitimate interests of others or are contrary to the legislation of the Republic of Belarus. According to Part 8 of Article 13 of the CMF, the marriage contract may be declared invalid by the court in whole or in part on the grounds provided for by the Civil Code.

 

3.2. What are the formal requirements and who should I contact?

The marriage contract shall be made in writing and is subject to notarial certification (Part 3 of Article 13-1 of the CMF). The marriage contract is also subject to state registration with the organization for state registration of immovable property, rights to it and transactions with it (the Agency for State Registration and Property Registry) in accordance with the Law on State Registration of Immovable Property, if it contains conditions that are or may become the basis for the creation, transfer, termination of rights, restrictions (encumbrances) of rights to the immovable property.

State registration of the marriage contract shall be carried out after registration of the marriage. Such registration can be carried out after the termination of marriage in the event that under a marriage contract or legislation, the marriage contract provides for the rights and obligations of the former spouses after the marriage is terminated.

State registration of the creation, transfer, termination of rights, restrictions (encumbrances) of rights to the immovable property acquired by spouses after the state registration of the marriage contract, and in respect of which the marriage contract was made, is subject to the conditions of the marriage contract related to the said immovable property.

Terms of the marriage contract, which are or can become the basis for the creation, transfer, termination of rights, restrictions (encumbrances) of rights to the immovable property, come into force from the day of state registration of the marriage contract.

Marriage contract shall be made in three copies, one of which shall remain in the notary's files, whereas two other copies shall be issued to the parties to the contract (Paragraph 59 of the Instruction on the procedure for performing notarial acts).

 

3.3. When may the contract be concluded and when does it come into effect?

Pursuant to Part 1 of Article 13 of the CMF, in order to promote the culture of marriage and family relations and the responsibility of one spouse to the other, determination of the rights and obligations of spouses in marriage and/or after its dissolution, persons entering into marriage and spouses, at any time and within the scope of rights and obligations specified by them may conclude a marriage contract. On the basis of this rule, a marriage contract can be made by both spouses and persons entering into marriage.

The law does not articulate the concept of "persons entering into marriage". According to Part 2 of Paragraph 56 of the Instruction on the procedure for performing notarial acts, if a marriage contract is concluded between the persons entering into marriage, the notary shall not demand documents confirming it. The above provision allows us to draw the inference that, in accordance with the law, not only the persons submitting an appropriate application for marriage to bodies registering acts of civil status shall be recognized the persons entering into marriage, but also any persons who have expressed a desire to conclude a marriage contract.

The marriage contract concluded between the persons entering into marriage has its own peculiarities. Taking into account that such an agreement can originate mutual rights and obligations only for spouses, if it is concluded by persons who are getting married, it enters into force from the day of registration of the marriage by the bodies registering acts of civil status. If the parties do not enter into marriage after the conclusion of the marriage contract, the contract will not enter into force and, accordingly, will not originate mutual rights and obligations for the parties.

Thus, the marriage contract concluded between the persons entering into marriage, comes into force from the day of registration of the marriage; the marriage contract concluded between the spouses shall enter into force from the day of its notarial certification, unless otherwise specified in Article 13-1 of the CMF.

When a marriage contract is made between minors entering into marriage, the consent of their parents (trustees) is required. Such consent is not required when minors acquire full legal capacity before marriage. In accordance with Article 26 of the Civil Code, a minor who has reached the age of sixteen can be declared fully capable, if he/she works under an employment agreement (contract), or, with the consent of his/her parents, adoptive parents or a trustee, is engaged in entrepreneurial activities.

The marriage contract is valid under intuitu personae, therefore it may not be concluded through an authorized agent (Paragraph 4 of Article 183 of the Civil Code). Concluding a marriage contract is possible only personally by spouses or by the persons entering into marriage.

The rights and duties of spouses stipulated in the marriage contract may be limited by certain timeframes or be dependent on the occurrence or non-occurrence of certain conditions.

The validity of a marriage contract is terminated from the moment of the termination of marriage, unless otherwise stipulated by the marriage contract or legislative acts of the Republic of Belarus. The marriage contract, which provides for the rights and obligations of former spouses after the termination of marriage, shall be valid until their execution.

 

3.4. May an existing contract be modified by the spouses? If so, subject to what conditions?

The marriage contract can be modified or canceled by mutual consent by the persons entering into marriage, by spouses – before dissolution of marriage, as well as by former spouses – during the validity of the marriage contract in the form and according to the procedure stipulated for conclusion of a marriage contract (Part 6 of Article 13 of the CMF). In this case, a copy of the agreement on making changes to the marriage contract shall be attached to the copy of the contract,

to which changes are made, and issued to the parties; one copy shall be kept in the notary's files (Paragraph 60 of the Instructions on the procedure for performing notarial acts).

4.1. Do one or more registers of marriage contracts exist in your country? Where?

4.2. Which documents are registered? Which information is registered?

4.3. How and by whom can the information in the register be accessed?

4.4. What are the legal effects of registration (validity, opposability)?

The current legislation of the Republic of Belarus does not provide for a special procedure for registration of the matrimonial property regime; it has no register of marriage contracts either.

A marriage contract can be certified by any notary.

If the marriage contract is concluded between the spouses, the notary shall verify the fact of marriage based on the certificate of marriage, a copy of the marriage record, a certificate containing information taken from the marriage record, a note in the identity document, a copy (extract) of which shall be attached to the copy of the marriage contract kept in the files of the notary. If the marriage contract is concluded between the persons entering into marriage, the notary shall not demand documents confirming it.

If the marriage contract contains conditions for immovable property jointly acquired by the spouses before the conclusion of the marriage contract, the notary shall verify the state registration of immovable property, rights to it, restrictions (encumbrances) of rights in the following order:

The notary shall check the state registration of immovable property, rights to it, restrictions (encumbrances) of rights based on an extract from the registration book of the territorial organization for state registration of immovable property, rights to it and transactions with it. An extract from the registration book shall be attached to the copy of the contract kept in the notary's files. The notary shall check the accessory of immovable property on the right of ownership or other proprietary right and, if necessary, require a document confirming the acquisition of ownership (other right in rem) for immovable property (certificate of right to inheritance, judicial decision (copy), agreement certified by the state registration organization's registrar, etc.). In case of lack of original documents, such documents may be a copy of the document kept in the notary's files, certified by his/her signature with the date stamped and affirmed with a notary seal having the State Emblem of the Republic of Belarus, or it may be a copy of the document kept in the notary's files certified by the chief of the notary office and affirmed with his/her official seal, as well as it may be an archival copy of the notarial document issued by the notarial archives; and the above-mentioned documents shall not be specified in the text of the contract.

If the marriage contract contains conditions that are or can become the basis for the creation, transfer, termination of rights, restrictions (encumbrances) of rights to immovable property, the marriage contract shall clarify the procedure for state registration of the marriage contract.

The marriage contract shall be made in triplicate, and one of the copies shall remain in the notary's files, whereas two other copies shall be issued to the parties to the contract.

5.1. How is the property (rights in rem) divided?

When the marriage is dissolved, the spouses may divide the property in court or by mutual consent by obtaining from the notary a certificate of ownership of the share in the property acquired by the spouses during the marriage, if the legal regime of this property has not been changed by the marriage contract (Paragraph 154 of the Instruction on the procedure for performing notarial acts). Such a certificate may be issued to spouses both during the marriage period and to former spouses regardless of the period that has passed since the dissolution of the marriage. Unless otherwise established by the spouses, the notary shall issue the certificate of ownership in equal shares. At the request of the spouses, the notary may issue such a certificate in the shares indicated by the spouses.

In the event of dividing the property that is the common joint property of the spouses, upon availability of a marriage contract, the court proceeds from its terms and determines which items are to be transferred to each of the spouses.

In accordance with the provisions of Article 41 of the CMF, the property in the common joint ownership of the spouses shall be subject to division. The property belonging to persons who are not in a registered marriage in accordance with the established procedure shall be divided in accordance with the regulations of the civil legislation concerning common shared property (Article 255 of the Civil Code).

The division of common property between the participants in joint ownership, as well as the apportionment of a share of one of them can be carried out subject to the preliminary determination of the share of each of the participants in the right to common property (Article 257, Paragraph 1 of the Civil Code).

A peculiarity of common joint property is that there are no pre-determined shares in it. The corresponding shares are established when property is divided, which entails the termination of the right of joint ownership and the transfer of property to the property of each of the spouses or to common share ownership (for example, an apartment owned by the spouses may be transferred to common share ownership).

Division of common joint property of spouses can be made at the request of any of the spouses and also at the request of creditors in order to levy execution upon the share of one of the spouses (if the property owned by him/her on proprietary right is not sufficient for liability for debts) or in connection with the need to allocate the share of the deceased spouse from the common joint property that will be inherited.

The division of the common joint property of the spouses by court usually occurs in the event of dissolution of marriage, but it is also possible to apply with a corresponding claim during the period of marriage.

In case of division of the property, which is the common joint property of the spouses, their shares shall be recognized equal, unless otherwise provided by the marriage contract. The court has the right to depart from the recognition of equal shares, taking into account the interests of minor children and disabled adult children in need of help, or the interests of one of the spouses that deserve attention. In particular, the share of one of the spouses can be increased, if the other spouse reduced his engagement at work or spent common property to the detriment of the interests of the family.

In the event that one of the spouses receives items whose value exceeds the share due to him/her, the other spouse shall be awarded appropriate monetary compensation.

The value of property subject to division is determined on the basis of prices valid at the date of making the decision.

The property to be divided includes the common joint property of the spouses available to them at the date of consideration of the case or located with third parties. If the spouses ceased to keep house before consideration of the case, the court will only divide the property that had been their common joint property at the time the common household ceased to exist. While dividing property, the court also takes into account the common debts of spouses and the rights of claim for liabilities arising in the interests of the family.

If, while considering the claim for division of the property that is the common joint property of the spouses, it is established that one of them has alienated such property or spent it at its discretion contrary to the will of the other spouse and not in the interests of the family or concealed the property, then this property or its value shall be taken into account (Paragraph 20 of the Resolution of the Plenary Session of the Supreme Court of the Republic of Belarus of June 22, 2000 No. 5 "On the practice of applying the legislation by courts considering cases involving divorce").

For the claims for division of the joint property of the spouses whose marriage is dissolved, a three-year limitation period is established (Part 5 of Article 24 of the CMF). It shall be calculated from the day when the person learned or should have learned about the violation of his/her right (Part 1 of Article 201 of the Civil Code).

Civil legislation provides for special regulations regarding the division of spouses' property entered in the statutory fund of a legal entity (business partnership, commercial company (except for a joint-stock company), production cooperative).

According to Paragraph 3-1 of Article 259 of the Civil Code, when the spouses divide their common joint property, the spouse of a member of a business partnership, limited liability company

(LLC) or an additional liability company (ALC) has the right to claim in court recognition of his/her title to the part of his/her spouse's share in the statutory fund of the corresponding partnership or company that is due to him/her.

If the court recognizes the title of the spouse of a member of a business partnership, LLC or ALC, to the part of his/her spouse's share in the statutory fund of this legal entity that is due to him, he/she, with the consent of the other members of this partnership or company, at his/her option, has the right to:

* become its member,

* claim for payment of the value of the part of his/her spouse's share due to him/her in the statutory fund,

* claim for issuing in kind of property for such value.

At the same time, the refusal to include this spouse into the corresponding partnership or company as its member entails the obligation of this legal entity to pay to this spouse the value of the share of his/her spouse due to him/her in the statutory fund or to issue him/her in kind the property for such value.

Payment of the value of the part of the share in the statutory fund of a partnership or a company or the issuance in kind of property for such value shall be made within the time provided for by the constituent documents of this partnership or company, but not later than twelve months from the day of the spouse’s submittal for a corresponding claim.

According to Part 4 of Paragraph 3-1 of Article 259 of the Civil Code, similar rules apply in case of the division of property in joint ownership of the spouses, when one of them is a member of a production cooperative.

 

5.2. Who is liable for existing debts after the divorce/separation?

When dividing common joint property of spouses, the common debts of spouses and the right of claim for obligations arising in the interests of the family shall be taken into account. Such debts shall be distributed among the spouses in proportion to their shares in the common property.

If, when considering the claim for division of the property that is the common joint property of the spouses, it is established that one of them has alienated such property or spent it at his/her discretion contrary to the will of the other spouse and not in the interests of the family, or concealed property, then this property or its value shall be taken into account (Paragraph 20 of the Resolution of the Plenary Session of the Supreme Court of the Republic of Belarus of June 22, 2000 No. 5 " On the practice of applying the legislation by courts considering cases involving divorce").

 

5.3. Does one spouse have a claim to an equalisation payment (balancing payment)?

The division of common property between the participants in joint ownership, as well as the apportionment of a share of one of them, can be carried out subject to the preliminary determination of the share of each of the participants in the right to common property (Article 257, Paragraph 1 of the Civil Code). In the event that one of the spouses receives items the value of which exceeds the share due to him/her, the other spouse shall be awarded appropriate monetary compensation.

As noted earlier, the common joint property of spouses includes the property items of professional activities of each of the spouses (musical instruments, special library, medical products, medical equipment, etc.) acquired during the marriage (unless otherwise stipulated in the marriage contract). The peculiarity of these property items is that in the event of the division of property, the court can award the property items of professional occupation acquired during the marriage to the spouse in whose use they were, with a decrease in the share in the property of the other spouse or the assignment to him/her of the obligation to compensate their value to the other spouse.

 

5.3.1. In case of a property regime of community (or partnership) of acquests:

- Does the claim have to be satisfied by means of a payment or in kind?

- How is the claim assessed?

- What is the amount of the equalisation payment (balancing payment)?

- When is the claim prescribed?

5.3.2. In other cases (not community or partnership of acquests). Which ones?

Legislation does not provide for a regime of community of acquests, but establishes that the property acquired by spouses during the marriage, irrespective of the fact for whom of the spouses it is acquired or for whom or by whom of the spouses monetary funds are contributed, is their common joint property. Accordingly, under the legal regime of the property of the spouses, all the funds received by each of the spouses during the marriage (with the exception of property that in accordance with the legislation is the spouses' separate property – received before the marriage or during the marriage as a gift or by inheritance, as well as property items of individual use of spouses) are their common joint property, in which there are no pre-determined shares of each of the spouses.

If, when dividing common property of spouses under a judicial procedure, one of the spouses receives items whose value exceeds the share due to him/her, the amount and procedure for payment of compensation to the other spouse shall be determined by court.

If there is a marriage contract between the spouses which provides for the payment of certain compensation, the provisions of the marriage contract shall apply.

According to Article 1034 of the Civil Code, the death of a participant in common joint property is the basis for determining his/her share in such property and dividing the common property or apportionment of the share of the deceased participant from it. In this case, the inheritance opens with respect to the common property attributable to the deceased participant, and if it is impossible to divide the property in kind – with respect to the value of such a share.

A participant in common joint property has the right to bequeath his/her share in the common property, which will be determined after his/her death.

The right of inheritance that the spouse has by virtue of a will or law does not affect his/her other property rights related to the state of marriage with the testator, including the title to the part of the property acquired jointly in marriage (Article 1065 of the Civil Code).

Chapter 22 of the Instruction on the procedure for performing notarial acts provides for the possibility for the surviving spouse to obtain a certificate of ownership to the share in the property acquired by the spouses during the marriage (of which the notary notifies the heirs), as well as a certificate of ownership in the name of the deceased spouse (upon a written application of the heirs, who accepted the inheritance, and with a written consent of the surviving spouse). At the same time, a certificate of ownership cannot be issued in case of refusal of the surviving spouse to give his/her consent to its issuance. In this case, the notary explains to the heirs the procedure for applying to the court.

The certificate of ownership to the surviving spouse, as well as the certificate of ownership in the name of the deceased spouse shall be issued for a half share in the property acquired by the spouses during the marriage.

The transfer of rights and obligations for the purposes of inheritance is carried out according to the procedure of universal succession. In accordance with Paragraph 1 of Article 1031 of the Civil Code, the decedent's estate passes to heirs, unless otherwise follows from the Civil Code and other laws in unchanged form as a single whole at the same time. The decedent's estate includes not only property, but also all rights and obligations that belonged to the testator at the time of opening the inheritance, except for the rights and obligations inseparably connected with the personality of the testator.

Upon inheritance, the estate of the spouse includes the property owned by him/her, as well as his/her share in the common joint property of the spouses.

With the availability of a will, the property of the spouse passes to the heirs in accordance with its provisions. However, the disabled spouse inherits, irrespective of the content of the will, not less than half of the share that was due to him/her under inheritance in conformity with the law (mandatory share).

When inheriting by law, the testator's spouse is considered the first heir in line to inherit (together with the children and the parents of the deceased).

For multi-national couples, the legislation does not provide a special property regime. In this case, general provisions on the right of ownership apply, including the relevant rules of conflict of laws (Articles 1119-1123 of the Civil Code).

The legislation of the Republic of Belarus does not provide for the possibility of registering civil partners. Only the conclusion of marriage is of legal value.

The property acquired jointly by persons who are not in registered marriage belongs to them not by the right of common joint ownership (as provided in accordance with the legal regime of spouses' property), but on the right of common share ownership (Articles 246-255 of the Civil Code).

The common property arises when property comes into the ownership of two or more persons, and such property cannot be divided without changing its purpose (indivisible property items) or is not subject to division by virtue of the legislation. Common ownership of property under division arises in cases provided for by law or by a contract.

If the size of the shares of the participants in the shared ownership cannot be determined based on an act of legislation and is not established by an agreement of all of its participants, the shares shall be considered equal. The agreement of all participants of shared ownership may establish the procedure for determining and changing their shares depending on the contribution of each of them to the formation and increment of common property.

A shareholder who, at his/her own expense and in accordance with the established procedure for the use of common property, has inseparable improvements in this property, has the right to a corresponding increase in his/her share in the ownership of common property. Separable improvements of the common property, unless otherwise provided by the agreement of the participants in the shared ownership, shall come into the ownership of the participant who produced them.

If the owner, in compliance with the established rules, has increased the area of the house or other structure in the shared ownership by means of an extension, superstructure or rebuilding, then at the request of this owner the shares in the common ownership of the house or structure and the procedure for using the premises in it are subject to a corresponding change.

Disposal of property in shared ownership shall be carried out by agreement of all of its participants. A shareholder has the right at his/her discretion to sell, donate, bequeath, pledge his/her share, or dispose of it in any other way, with observance of the rules of Article 253 of the Civil Code on pre-emptive right to purchase a share in the ownership of common property in the event of its possible alienation.

Ownership and use of property in shared ownership shall be performed under agreement of all of its participants, and in case of failure to reach an agreement, in the manner established by the court. A shareholder has the right to have in his/her possession and use part of the common property commensurate with his/her share, and, if this is not possible, he/she has the right to claim for appropriate compensation from other participants who own and use the property that falls to his/her share.

Profits, products and income from the use of property in shared ownership shall be transferred to the common property and distributed between and/or among the participants of the shared property in proportion to their shares, unless otherwise stipulated by an agreement between and/or among them.

Each participant of shared property must in proportion to his/her share participate in the payment of taxes, levies and other payments on common property, as well as in the costs of its maintenance and conservation, unless otherwise stipulated by legislation or by the contract. Expenses that are not necessary and undertaken by one of the owners without the consent of the others should be paid by him/her. The disputes arising in this regard are subject to judicial resolution.

When selling a share in the common ownership to a third person, the other participants in the shared ownership have the pre-emptive right to purchase the share intended for sale at the price for which it is sold and on other equal terms, except for the case of sale at public auction. The seller of a share is obliged to notify in written form to the other participants in the shared ownership of the intention to sell his/her share to a third person, specifying the price and other conditions on which he/she is selling it. A written agreement of the participants in the shared ownership may establish their decision following such notification. If the other participants in the shared ownership refuse to purchase or will not acquire the share to be sold in the ownership of immovable property within a month, and in respect of other property within ten days from the date of notification, the seller has the right to sell his/her share to any person. In the event of selling a share in violation of the pre-emptive right to purchase, any other participant in a shared property has the right to claim for the transfer of the rights and obligations of the buyer to him/her for a period of three months.

Property in shared ownership may be divided between its participants under the terms of an agreement between them. A shareholder has the right to claim for the apportionment of his/her share from the common property. If the participants in the shared ownership fail to reach an agreement on the methods and conditions for the division of common property or the apportionment of a share of one of them, a shareholder of shared property is entitled to claim in court for apportionment in kind of his/her share from the common property. If the apportionment of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the apportioned owner has the right to be paid the value of his/her share by other participants in the shared ownership.

The disproportionality of the property apportioned in kind to the shareholder of a shared ownership to his/her share in the property title is eliminated by the payment of a corresponding monetary sum or other compensation. The payment by the remaining owners to a shareholder of the shared property of a compensation instead of the apportionment of his/her share in kind is allowed with his/her consent. In cases where the share of the respective owner is insignificant, cannot be really apportioned, and he/she has no significant interest in the use of common property, the court may oblige him/her to transfer his/her share to the other participants with payment of compensation to him/her, even without the consent of such an owner. With the receipt of compensation, the owner loses the title to his/her share in the common property.

If legal issues arise, then, depending on their content, you can apply to the court to resolve the dispute that has arisen between the parties, or to the notary to settle by mutual agreement the differences that have arisen.

In accordance with article 6 of the CMF, the protection of rights arising from marital and family relations is provided by the commissions for the affairs of minors, the bodies of guardianship and trusteeship, bodies registering acts of civil status, prosecutorial bodies, courts and other state bodies and organizations authorized by the legislation of the Republic of Belarus. Within the limits provided by the legislation of the Republic of Belarus, the self-protection of rights arising from marital and family relations is allowed.