Marriage

Marriage is the legal union of two people. When you are married, your responsibilities and rights toward your spouse concerning property and support are defined by the laws of the state in which you live. Your marriage can only be terminated by a court granting a divorce or an annulment.

Legal effects of marriage: marriage changes your life in many ways—even the legal aspects

What are the legal rights and benefits conferred by marriage?

Marriage entails many rights and benefits. In most states, spouses are accorded the right to:

• file joint income tax returns with the IRS* and state taxing authorities

• create a "family partnership" under federal tax laws, which allows you to divide business income among family members (this will often lower the total tax on the income)

• create a marital life estate trust

• receive spouses' and dependents' Social Security, disability, unemployment, veterans', pension and public assistance benefits

• receive a share of your deceased spouse's estate under intestate succession laws

• claim an estate tax marital deduction

• sue a third person for wrongful death of your spouse and loss of consortium

• sue a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these lawsuits are available in only a few states)

• receive family rates for insurance

• avoid the deportation of a non-citizen spouse

• enter hospital intensive care units, jails and other places where visitors are restricted to immediate family

• live in neighborhoods zoned for "families only"

• make medical decisions about your spouse in the event of disability, and

• claim the marital communications privilege, which means a court can't force you to disclose the contents of confidential communications between you and your spouse during your marriage.

What you need to know and do to get married

You must meet certain requirements in order to marry. These vary slightly from state to state, but often include:

• being at least the age of consent (usually 18, though sometimes you may marry younger with your parents' consent)

• not being too-closely related to your intended spouse

• having the mental capacity-that is, you must understand what you are doing and what consequences your actions may have

• being sober at the time of the marriage

• not being married to anyone else

• getting a blood test, and

• obtaining a marriage license

Comments:

IRS - Internal Revenue Service - Налоговое управление США

23

Exercise 1. Find in the text English equivalents of the following phrases:

супруг, супруга

расторжение брака, развод

судебное решение о признании брака недействительным

правовые последствия

предоставить право

налоговая декларация

совместная налоговая декларация

подавать налоговую декларацию

налоговые органы

подоходный налог

имущество, являющееся предметом доверительной собственности

иждивенец

пенсия по нетрудоспособности

государственное вспомоществование

покойный, умерший

имущество

законы о наследстве

налог на передачу имущества по наследству

смерть в результате противоправных действий

утрата супружеской общности жизни

раскол семьи (преследуемое в исковом порядке лишение мужа или жены права на супружескую

общность)

прелюбодеяние

ближайшие родственники

неприкосновенность конфиденциальной информации, сообщенной одним супругом другому

брачный возраст

умственные способности

разрешение на заключение брака

Exercise 2.Answer the following questions:

1. What is the main purpose of marriage?

2. How can marriage be terminated?

3. What legal rights and benefits conferred by marriage do you find most important?

4. Are the legal rights and benefits conferred by marriage in Russia the same as in the USA?

5. Compare marriage requirements in the USA and Russia.

Exercise 3. Match English and Russian equivalents.

1. acquisition of nationality by marriage	a. расторжение брака
2. annulment of marriage	b.недействительный брак
3. celebration of marriage	c.брак по фактическому положению вещей, гражданский брак
4. civil marriage	d. разрешение на вступление в брак
5. dissolution of marriage	e. заключить брак
6. to effect a marriage	f. приобретение гражданства вступлением в брак
7. invalid marriage	g. законный брак
8. marriage licence	h. оспоримый брак
9. marriage at law	i. аннулирование брака
10. voidable marriage	j. гражданский брак (в отличие от церковного)
11. marriage by habit and repute	k. акт заключения брака

24

Living together

Many laws are designed to govern and protect the property ownership rights of married couples. But no such laws exist for unmarried couples. If you and your partner are unmarried, you must take steps to protect your relationship and define your property rights. You will also face special concerns if you are raising children together.

Property rights of unmarried couples: who owns what

My partner and I don't own much property. Do we need a written contract covering who owns what?

If you haven't been together long and don't own much, it's really not necessary. But the longer you live together, the more important it is to prepare a written contract making it clear who owns what-especially if you begin to accumulate a lot of property. Otherwise, you might face a serious (and potentially expensive) battle if you split up and can't agree on how to divide what you've acquired. And when things are good, taking the time to draft a well-thought out contract helps you clarify your intentions. Another way to deal with owning property together is to use a joint purchase agreement for individual items as you buy them.

My partner and I are buying a house. Do we need a written property agreement?

It's particularly important to make a written property agreement if you buy a house together; the large financial and emotional commitments involved are good reasons to take extra care with your plans. Your contract should cover at least four major areas:

• How much of the house does each of you own? If it is not 50-50, is there a way for the person who owns less than half to increase his share-for example, by fixing up the house or making a larger share of the mortgage payment?

• How is title (ownership) to be listed on the deed? One choice is as "joint tenants with rights of survivorship," meaning that when one of you dies, the other automatically inherits the whole house. Another option is "tenants in common," meaning that when one of you dies, that share of the house goes to whomever is named in a will or trust, or goes to blood relatives if the deceased partner left no estate plan.

• What happens to the house if you break up? Will one of you have the first right to stay in the house (perhaps to care for a young child) and buy the other out, or will the house be sold and the proceeds divided?

• If one of you has a buyout right, how will the house be appraised and how long will the buyout take?

My partner makes a lot more money than I do. Should our property agreements cover who is entitled to her income and the items we purchase with it?

Absolutely. Although each person starts out owning all of his or her job-related income, many states allow this to be changed by an oral contract or even by a contract implied from the circumstances of how you live. These types of contracts are ripe for misunderstanding. For example, absent a written agreement stating whether income will be shared or kept separate, one partner might falsely claim the other promised to split his income 50-50. Although this can be tough to prove in court, the very fact that a lawsuit can be brought creates a huge problem. For obvious reasons, it's an especially good idea to make a written agreement if a person with a big income is living with and supporting someone with little or no income.

25

Exercise 4. Find in the text English equivalents of the following phrases:

права собственности - 1

права собственности - 2

супружеская пара

разойтись, расстаться - 1

разойтись, расстаться - 2

составить контракт

соглашение о совместном приобретении

право на имущество

документ

совместные владельцы с правами наследников

наследовать

завещание

доверительная собственность или имущество, вверенное попечению

родственник по крови

выкупать долю

выкуп

право на выкуп

доход, выручка

оценивать, определять стоимость

обманным образом

предъявлять иск

Exercise 5. Answer the following questions:

1. What is the legal difference between marriage and living together?

2. How can property rights of people living together be protected?

3. In what cases are property agreements especially important?

Exercise 6. Match English and Russian equivalents.

1. marriage certificate	a. брак, расторжимый по желанию супругов
2. marriage in issue	b. оспоренный брак
3. marriage notice book	c. фиктивный брак
4. marriage property agreement	d. брак по расчету
5. marriage record	e. законная форма бракосочетания, законный брак
6. marriage terminable by pleasure	f. оспоримый брак
7. mercenary marriage	g. брачно-имущественный контракт, договор о режиме супружеских имущественных отношений
8. questionable marriage	h. свидетельство о браке
9. questioned marriage	i. брак как предмет спора
10. regular marriage	j. официальная запись о регистрации брака
11. sham marriage	k. книга уведомлений о бракосочетаниях

26

Example 1: Rose and Ted have lived together for four years. They've never had any written agreement, but their behavior has been consistent: they've purchased a car, an oak table and a china set, with each one paying half. If they split up, a court is likely to imply an agreement and equally divide the items purchased together.

Example 2: Jon and Steve plan to buy a fixer-upper house* and move in together. Jon is a carpenter; Steve is a university professor who makes nearly twice as much as Jon. Jon and Steve plan to own their home equally, so they agree in writing as follows: Steve will pay two-thirds of the mortgage, and Jon will pay one-third. Steve and Jon will equally pay for the materials to fix up the house, and Jon will contribute all the labor. Steve and Jon also agree to equally own all the property, furniture and fixtures they buy once they move in together.

Am I liable for the debts of my partner?

Not unless you have specifically undertaken responsibility to pay a particular debt—for example, if the debt is charged to a joint account. By contrast, husbands and wives are generally liable for all debts incurred during marriage, even those incurred by the other person. The one exception for unmarried couples applies if you have registered as domestic partners in a city where the domestic partner ordinance states that you agree to pay for each other's "basic living expenses" (food, shelter and clothing). If one of us dies, how much property will the survivor inherit? Nothing, unless the deceased partner made a will or used another estate planning device such as a living trust or joint tenancy agreement, or, if under the terms of a contract (such as a contract to purchase household furnishings together), the survivor already owns part of the property. This is unlike the legal situation married couples enjoy, where a surviving spouse automatically inherits a major portion of a deceased spouse's property. The bottom line* is simple: to protect the person you live with, you must specifically leave her property using a will, living trust or other legal document. The following sample agreement may be used when you and your non-married partner jointly buy personal property.