Pull back out. Thrown Out Back: Understanding Causes, Symptoms, and Effective Treatments
What are the common causes of throwing out your back. How can you recognize the symptoms of a thrown-out back. What are the most effective treatments for a thrown-out back. When should you seek medical attention for back pain. How can you prevent throwing out your back in the future.
What Is a Thrown Out Back?
A thrown out back is a colloquial term for a sudden onset of lower back pain, typically caused by straining the muscles in the back. This condition often occurs after engaging in strenuous activities or movements that put excessive stress on the back muscles and supporting structures.
The pain experienced when throwing out your back can be intense and debilitating, often limiting your ability to perform daily activities. While it’s generally not a serious medical condition, it can be extremely uncomfortable and may require a period of rest and targeted treatment to recover fully.
How Common Is This Condition?
Throwing out your back is a relatively common occurrence, especially among adults who engage in physical labor or those who lead sedentary lifestyles with occasional bursts of activity. It’s estimated that about 80% of adults will experience lower back pain at some point in their lives, with a significant portion of these cases being attributed to muscle strains or “thrown out” backs.
What Causes a Thrown Out Back?
Several factors can contribute to throwing out your back. Understanding these causes can help you take preventive measures and reduce your risk of experiencing this painful condition. Some of the most common causes include:
- Lifting heavy objects improperly
- Twisting the back suddenly or awkwardly
- Overstretching the back muscles
- Poor posture and body mechanics
- Sudden, forceful movements
- Prolonged periods of inactivity followed by strenuous exercise
Is there a specific activity that most commonly leads to throwing out your back? While any of the above actions can cause this condition, improper lifting techniques are often cited as a leading cause. Many people underestimate the strain that lifting heavy objects can put on their back muscles, especially when using incorrect form.
Recognizing the Symptoms of a Thrown Out Back
Identifying the symptoms of a thrown out back is crucial for prompt and effective treatment. The onset of symptoms is typically sudden and can range from mild discomfort to severe pain. Here are the primary symptoms to watch out for:
- Intense lower back pain
- Muscle spasms in the back
- Stiffness and limited range of motion
- Difficulty maintaining proper posture
- Pain that worsens with movement
- Potential radiating pain to the buttocks or upper legs
How long do symptoms typically last? In most cases, the acute pain and discomfort associated with throwing out your back will subside within 10 to 14 days. However, if the pain persists beyond this timeframe or worsens, it may indicate a more serious underlying condition that requires medical attention.
Diagnosing a Thrown Out Back
When you experience symptoms of a thrown out back, it’s essential to get an accurate diagnosis to ensure proper treatment. While many cases can be self-diagnosed and treated at home, persistent or severe pain should be evaluated by a healthcare professional.
Medical Evaluation Process
During a medical evaluation for a thrown out back, your doctor will likely:
- Take a detailed medical history
- Ask about the onset and nature of your symptoms
- Perform a physical examination
- Assess your range of motion and pain levels
- Check for any neurological symptoms
Are imaging tests always necessary for diagnosing a thrown out back? In most cases, imaging tests are not required for diagnosing a simple muscle strain or thrown out back. However, if your doctor suspects a more serious underlying condition or if your symptoms persist, they may recommend further diagnostic tests such as:
- X-rays to check for bone-related issues
- CT scans for a more detailed view of the spine
- MRI scans to assess soft tissue damage or nerve compression
Effective Treatments for a Thrown Out Back
The good news is that most cases of thrown out backs can be effectively treated with conservative measures and home care. Here are some of the most effective treatments to help you recover:
Rest and Activity Modification
Resting the affected area is crucial in the initial stages of recovery. However, it’s important to strike a balance between rest and gentle movement to prevent stiffness and promote healing.
Ice and Heat Therapy
Applying ice packs to the affected area for 15-20 minutes at a time can help reduce inflammation and numb pain in the first 48-72 hours. After this initial period, alternating between ice and heat therapy can provide further relief and promote blood flow to the area.
Over-the-Counter Pain Medications
Non-steroidal anti-inflammatory drugs (NSAIDs) like ibuprofen or naproxen can help manage pain and reduce inflammation. Acetaminophen is another option for pain relief, though it doesn’t have anti-inflammatory properties.
Gentle Stretching and Exercise
Once the acute pain subsides, incorporating gentle stretching and low-impact exercises can help improve flexibility and strengthen the muscles supporting your back.
Physical Therapy
For more persistent cases, working with a physical therapist can provide targeted exercises and techniques to alleviate pain and prevent future injuries.
How long does it typically take to recover from a thrown out back? While recovery times can vary depending on the severity of the strain and individual factors, most people experience significant improvement within 1-2 weeks with proper care and treatment.
When to Seek Medical Attention
While many cases of thrown out backs can be managed at home, there are situations where medical attention is necessary. It’s important to recognize the signs that indicate a need for professional evaluation:
- Severe pain that doesn’t improve with rest and home treatments
- Pain that radiates down one or both legs
- Numbness or tingling in the legs or feet
- Loss of bladder or bowel control
- Fever accompanying back pain
- History of cancer or osteoporosis
- Recent trauma or injury to the back
Should you go to the emergency room for a thrown out back? In most cases, a thrown out back doesn’t require emergency care. However, if you experience any of the above symptoms, especially loss of bladder or bowel control or severe pain following an injury, seek immediate medical attention as these could indicate a more serious condition.
Preventing Future Back Injuries
Once you’ve experienced the discomfort of throwing out your back, you’ll likely want to take steps to prevent it from happening again. Here are some effective strategies for maintaining a healthy back and reducing your risk of future injuries:
Proper Lifting Techniques
Learning and practicing proper lifting techniques is crucial for preventing back injuries. Always bend at the knees, keep the object close to your body, and avoid twisting while lifting.
Regular Exercise
Engaging in regular exercise, especially activities that strengthen the core and back muscles, can help support your spine and reduce the risk of injury. Low-impact exercises like swimming, walking, and yoga can be particularly beneficial.
Maintaining Good Posture
Pay attention to your posture throughout the day, especially if you spend long hours sitting. Use ergonomic chairs and workstations, and take frequent breaks to stand and stretch.
Stretching and Flexibility
Incorporating stretching exercises into your daily routine can help improve flexibility and reduce the risk of muscle strains.
Healthy Weight Management
Maintaining a healthy weight reduces the strain on your back muscles and spine, lowering your risk of back injuries.
How often should you perform back-strengthening exercises to prevent injuries? Aim to include back-strengthening exercises in your fitness routine at least 2-3 times per week. However, it’s important to start slowly and gradually increase the intensity and frequency of your workouts to avoid overexertion.
Long-Term Outlook and Management
For most people, throwing out their back is a temporary setback that resolves with proper care and treatment. However, it’s important to recognize that experiencing this condition once may increase your risk of future occurrences if preventive measures are not taken.
Developing a Long-Term Back Care Plan
Working with a healthcare professional or physical therapist to develop a personalized back care plan can be beneficial for long-term management. This plan may include:
- Specific exercises tailored to your needs and fitness level
- Ergonomic recommendations for your work and home environments
- Stress management techniques
- Nutritional guidance to support overall musculoskeletal health
Can throwing out your back lead to chronic back problems? While a single incident of throwing out your back doesn’t necessarily lead to chronic issues, repeated injuries or improper management can increase the risk of developing chronic back pain. This underscores the importance of taking preventive measures and addressing any back pain promptly.
When to Consider Additional Treatments
In some cases, particularly if you experience recurrent back issues or if conservative treatments don’t provide sufficient relief, your healthcare provider may recommend additional interventions such as:
- Chiropractic care
- Acupuncture
- Massage therapy
- Prescription medications for pain management
- In rare cases, surgical intervention for underlying spinal issues
How do you know if alternative treatments like chiropractic care or acupuncture are right for you? It’s best to consult with your primary healthcare provider before trying alternative treatments. They can assess your individual case and provide recommendations based on your medical history and current condition.
Remember, maintaining a healthy back is an ongoing process that requires attention to your daily habits, posture, and overall health. By implementing the preventive strategies discussed and staying attuned to your body’s needs, you can significantly reduce your risk of throwing out your back and enjoy a more active, pain-free lifestyle.
Thrown Out Back: Causes, Symptoms, and Treatments
We include products we think are useful for our readers. If you buy through links on this page, we may earn a small commission Here’s our process.
Healthline only shows you brands and products that we stand behind.
Our team thoroughly researches and evaluates the recommendations we make on our site. To establish that the product manufacturers addressed safety and efficacy standards, we:
- Evaluate ingredients and composition: Do they have the potential to cause harm?
- Fact-check all health claims: Do they align with the current body of scientific evidence?
- Assess the brand: Does it operate with integrity and adhere to industry best practices?
We do the research so you can find trusted products for your health and wellness.
Read more about our vetting process.
Was this helpful?
You can typically recover from throwing out your back with rest and home care practices.
In some cases, you may need imaging and additional treatment.
When you throw out your back, you’ll feel a quick onset of lower back pain. The pain may be different or worse if you have chronic lower back pain.
A lot of times, this pain occurs after hard work, such as shoveling or lifting heavy objects, or an injury.
Throwing out your back can keep you from your regular activities for several days. You may wonder if you need to seek emergency attention.
Keep reading for more information about what you can do to help your back at home and when it’s time to see a doctor.
Throwing out your back can cause the following symptoms:
- back stiffness that keeps you from moving well
- intense low back pain
- muscle spasms, or intense bouts of muscle tightening and relaxing
- problems maintaining good posture
Once the pain starts, it doesn’t usually last beyond 10 to 14 days if it’s an acute injury. Otherwise, the symptoms could be those of a chronic back concern.
Throwing out your back usually means you’ve strained the muscles in your back. Lifting heavy objects or bending forward in an awkward position are common muscle strain causes. The pain that muscle strain produces is usually right around your lower back and no further.
Some of the most common activities that cause throwing out your back include:
- twisting the back, like when hitting a golf ball
- lifting something too heavy
- stretching the back too far
- practicing poor posture and body mechanics when lifting
Doing one or more of these activities can cause injuries to a number of the structures supporting your back, like your:
- ligaments
- muscles
- blood vessels
- connective tissues
Even minor damage, such as small tears in the protective vertebral discs, can stimulate the back’s nerves and lead to inflammation and pain.
Most people can identify the activity or injury when they threw out their back.
Your doctor will start by asking you about your symptoms, what you were doing when you noticed them, and what makes them worse or better. They’ll consider your symptoms when making a diagnosis and recommending treatments.
For example, if your pain is severe or causing severe symptoms, such as numbness down your legs or loss of bladder control, your doctor will usually recommend further tests. However, if your doctor suspects back strain, they may not recommend imaging.
Imaging studies can sometimes reveal underlying injuries or other causes of back pain, such as a tumor. Examples of imaging studies a doctor may recommend include:
- X-ray
- CT scan
- MRI
If your back pain doesn’t get better after two weeks or gets worse, you may need to call your doctor back to make an appointment for further testing.
The first thing to do after you throw out your back is rest. Resting allows your body to heal and reduce inflammation. Plus, the pain will likely limit your daily activities right after you throw out your back.
Listen to your body when recovering from a back injury. Try not to overdo your activities. In addition to rest, you may wish to try the following tips:
- Applying cloth-covered ice packs to your lower back for 10- to 15-minute increments. Don’t apply ice directly to the skin, as it can be damaging.
- Take an over-the-counter anti-inflammatory medicine, such as ibuprofen (Advil) or naproxen sodium (Aleve). Acetaminophen (Tylenol) can relieve pain, but it’s not an anti-inflammatory medicine.
- Use special pillows or lower back supports to take pressure off your back. One example includes rolling up a towel and placing it behind the curve of your lower back. Doctors call this a lumbar roll.
- Sleep with a lumbar roll behind your back or with a pillow between your legs if you sleep on your side. These sleep positions can reduce stress on your back. Avoid sleeping on your stomach, as this can worsen back pain.
- Talk with your doctor about whether seeing a chiropractor for treatment could be helpful for your injury.
When to start moving again
After about one to three days of rest, start to move again to prevent stiffness and improve blood flow to injured muscles.
Engaging in slow, easy stretching and walking for 10-minute increments can help. Examples include pulling the knees in toward the chest or pulling straight legs toward the chest.
While some activities can be beneficial, others have the potential to worsen back pain. Avoid activities that involve:
- heavy lifting
- bending at the waist
- twisting the spine, such as hitting a golf or tennis ball
In addition to at-home treatments, your doctor may recommend and prescribe additional treatments. Examples include:
- physical therapy
- stronger anti-inflammatory medications, muscle relaxants, or pain medications
- steroid injections
In rare instances, your doctor may recommend surgery to correct injuries. If you have chronic back pain that was worsened by an injury, this may be the case.
Having strong back and core muscles can help reduce the likelihood you’ll throw out your back. Activities that can help you maintain a strong back while also promoting flexibility include Pilates, yoga, and tai chi.
In addition to physical activity, you can also wear protective equipment whenever possible to reduce the likelihood of back injury. Examples include a weightlifting belt or back brace that provide extra support. Many sizes and options are available.
For extra help, consult a certified personal trainer or physical therapist for the best posture and safest exercises.
Also be sure to practice good posture when lifting heavy objects to prevent back injuries. Remember to:
- Keep your elbows and arms as close to your body as possible.
- Bend at your knees and lift with your legs, not with your back and back muscles.
- Avoid twisting your back when you’re lifting.
- Refrain from jerking when lifting.
- Rest when the object gets too heavy to continue lifting.
Always use good judgement when lifting heavy items. If you think the load may be too heavy, it probably is. Recruit another person to help you, or try to use mechanical means of help, such as carts or special carriers.
Seek emergency medical attention for the following symptoms related to throwing out your back:
- bladder or bowel dysfunction
- numbness down one or both legs
- weakness in your legs that makes it hard to stand
- fever greater than 101.5°F (38.6°C)
Symptoms that aren’t an emergency but still need prompt medical attention include:
- injury that hasn’t reduced in pain with at-home treatments
- pain or discomfort that continues to interfere with your daily life and activities
If you feel like something’s not right with your back, it’s best to see your doctor sooner than later. Again, talk with your doctor about whether chiropractic treatments could be helpful for you. If you don’t already have a primary care provider, you can browse doctors in your area through the Healthline FindCare tool.
According to the American Association of Neurological Surgeons, 90 percent of people with lower back strain or sprain recover from the injury within a month.
Ideally, you can treat your back injury at home. However, if your pain gets worse or makes it difficult to complete daily activities, see your doctor.
Thrown Out Back: Causes, Symptoms, and Treatments
We include products we think are useful for our readers. If you buy through links on this page, we may earn a small commission Here’s our process.
Healthline only shows you brands and products that we stand behind.
Our team thoroughly researches and evaluates the recommendations we make on our site. To establish that the product manufacturers addressed safety and efficacy standards, we:
- Evaluate ingredients and composition: Do they have the potential to cause harm?
- Fact-check all health claims: Do they align with the current body of scientific evidence?
- Assess the brand: Does it operate with integrity and adhere to industry best practices?
We do the research so you can find trusted products for your health and wellness.
Read more about our vetting process.
Was this helpful?
You can typically recover from throwing out your back with rest and home care practices. In some cases, you may need imaging and additional treatment.
When you throw out your back, you’ll feel a quick onset of lower back pain. The pain may be different or worse if you have chronic lower back pain.
A lot of times, this pain occurs after hard work, such as shoveling or lifting heavy objects, or an injury.
Throwing out your back can keep you from your regular activities for several days. You may wonder if you need to seek emergency attention.
Keep reading for more information about what you can do to help your back at home and when it’s time to see a doctor.
Throwing out your back can cause the following symptoms:
- back stiffness that keeps you from moving well
- intense low back pain
- muscle spasms, or intense bouts of muscle tightening and relaxing
- problems maintaining good posture
Once the pain starts, it doesn’t usually last beyond 10 to 14 days if it’s an acute injury.
Otherwise, the symptoms could be those of a chronic back concern.
Throwing out your back usually means you’ve strained the muscles in your back. Lifting heavy objects or bending forward in an awkward position are common muscle strain causes. The pain that muscle strain produces is usually right around your lower back and no further.
Some of the most common activities that cause throwing out your back include:
- twisting the back, like when hitting a golf ball
- lifting something too heavy
- stretching the back too far
- practicing poor posture and body mechanics when lifting
Doing one or more of these activities can cause injuries to a number of the structures supporting your back, like your:
- ligaments
- muscles
- blood vessels
- connective tissues
Even minor damage, such as small tears in the protective vertebral discs, can stimulate the back’s nerves and lead to inflammation and pain.
Most people can identify the activity or injury when they threw out their back.
Your doctor will start by asking you about your symptoms, what you were doing when you noticed them, and what makes them worse or better. They’ll consider your symptoms when making a diagnosis and recommending treatments.
For example, if your pain is severe or causing severe symptoms, such as numbness down your legs or loss of bladder control, your doctor will usually recommend further tests. However, if your doctor suspects back strain, they may not recommend imaging.
Imaging studies can sometimes reveal underlying injuries or other causes of back pain, such as a tumor. Examples of imaging studies a doctor may recommend include:
- X-ray
- CT scan
- MRI
If your back pain doesn’t get better after two weeks or gets worse, you may need to call your doctor back to make an appointment for further testing.
The first thing to do after you throw out your back is rest. Resting allows your body to heal and reduce inflammation. Plus, the pain will likely limit your daily activities right after you throw out your back.
Listen to your body when recovering from a back injury. Try not to overdo your activities. In addition to rest, you may wish to try the following tips:
- Applying cloth-covered ice packs to your lower back for 10- to 15-minute increments. Don’t apply ice directly to the skin, as it can be damaging.
- Take an over-the-counter anti-inflammatory medicine, such as ibuprofen (Advil) or naproxen sodium (Aleve). Acetaminophen (Tylenol) can relieve pain, but it’s not an anti-inflammatory medicine.
- Use special pillows or lower back supports to take pressure off your back. One example includes rolling up a towel and placing it behind the curve of your lower back. Doctors call this a lumbar roll.
- Sleep with a lumbar roll behind your back or with a pillow between your legs if you sleep on your side. These sleep positions can reduce stress on your back. Avoid sleeping on your stomach, as this can worsen back pain.
- Talk with your doctor about whether seeing a chiropractor for treatment could be helpful for your injury.
When to start moving again
After about one to three days of rest, start to move again to prevent stiffness and improve blood flow to injured muscles.
Engaging in slow, easy stretching and walking for 10-minute increments can help. Examples include pulling the knees in toward the chest or pulling straight legs toward the chest.
While some activities can be beneficial, others have the potential to worsen back pain. Avoid activities that involve:
- heavy lifting
- bending at the waist
- twisting the spine, such as hitting a golf or tennis ball
In addition to at-home treatments, your doctor may recommend and prescribe additional treatments. Examples include:
- physical therapy
- stronger anti-inflammatory medications, muscle relaxants, or pain medications
- steroid injections
In rare instances, your doctor may recommend surgery to correct injuries. If you have chronic back pain that was worsened by an injury, this may be the case.
Having strong back and core muscles can help reduce the likelihood you’ll throw out your back. Activities that can help you maintain a strong back while also promoting flexibility include Pilates, yoga, and tai chi.
In addition to physical activity, you can also wear protective equipment whenever possible to reduce the likelihood of back injury. Examples include a weightlifting belt or back brace that provide extra support. Many sizes and options are available.
For extra help, consult a certified personal trainer or physical therapist for the best posture and safest exercises.
Also be sure to practice good posture when lifting heavy objects to prevent back injuries. Remember to:
- Keep your elbows and arms as close to your body as possible.
- Bend at your knees and lift with your legs, not with your back and back muscles.
- Avoid twisting your back when you’re lifting.
- Refrain from jerking when lifting.
- Rest when the object gets too heavy to continue lifting.
Always use good judgement when lifting heavy items. If you think the load may be too heavy, it probably is. Recruit another person to help you, or try to use mechanical means of help, such as carts or special carriers.
Seek emergency medical attention for the following symptoms related to throwing out your back:
- bladder or bowel dysfunction
- numbness down one or both legs
- weakness in your legs that makes it hard to stand
- fever greater than 101.5°F (38.6°C)
Symptoms that aren’t an emergency but still need prompt medical attention include:
- injury that hasn’t reduced in pain with at-home treatments
- pain or discomfort that continues to interfere with your daily life and activities
If you feel like something’s not right with your back, it’s best to see your doctor sooner than later. Again, talk with your doctor about whether chiropractic treatments could be helpful for you. If you don’t already have a primary care provider, you can browse doctors in your area through the Healthline FindCare tool.
According to the American Association of Neurological Surgeons, 90 percent of people with lower back strain or sprain recover from the injury within a month.
Ideally, you can treat your back injury at home. However, if your pain gets worse or makes it difficult to complete daily activities, see your doctor.
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..]Resolution of disputes arising from family relations \ ConsultantPlus
Resolution of disputes arising from family relations
14. The presence of a common minor child is not an unconditional basis for deviating from the beginning of equality of shares in the division of property of former spouses.
In case of derogation from the beginning of equality of the shares of former spouses, the court decision must contain reasons for how the interests of the children are observed, for the sake of which this derogation should occur.
Shch.Yu. filed a lawsuit against Shch.D. on the division of jointly acquired property and the recovery of alimony.
In support of her claims, the plaintiff pointed out that since 2007 she had been married to the defendant. By a court decision of January 16, 2018, the marriage was annulled. The parties have a minor son, SHIELD, who lives with his mother after the divorce of his parents. With Shch.Yu. her minor daughter from a previous marriage also resides.
During the marriage, the spouses acquired the following property: a Toyota car, a Mazda car, as well as a land plot of 1,500 sq. m. m. the defendant does not comply, the plaintiff believed that when dividing the jointly acquired property of the spouses, there were grounds for derogating from the beginning of equality of the shares of the spouses, and therefore asked to recognize her right to 2/3 shares in the common property of the spouses, and for Shch.
D. – 1/3 share; to divide the jointly acquired property as follows: to transfer into her ownership a Toyota car and a land plot of 1,500 sq. m, and the property of the defendant to transfer the car “Mazda” and recover from it in favor of the plaintiff monetary compensation for exceeding the cost of 1/3 of the share in the common property, as well as to collect alimony for the minor SCH.I. in the amount of 1/4 of all types of earnings of the defendant.
When resolving the dispute and making a decision on the division of the disputed land plot and vehicles in equal shares, the court of first instance did not find grounds for deviating from the beginning of equality of shares in the division of property of former spouses, citing the lack of grounds for satisfying this requirement.
At the same time, as the court pointed out, the presence of a common minor child is not an unconditional basis for increasing the marital share, since the maintenance of children is ensured by alimony obligations, nor is such a basis the defendant’s inaction regarding the failure to fulfill a notarized obligation to re-register the share in the apartment, since this apartment is not the subject of a dispute in the present case, and the rights of the plaintiff and children can be protected in a different manner.
Changing the court decision in this part, the court of appeal referred to the possibility in some cases to derogate from the principle of equality of the shares of spouses, taking into account the interests of minor children and the interests of one of the spouses deserving attention in connection with this, in connection with which it divided the property of the parties according to proposed by Sh.Yu. option.
The Court of Appeal proceeded from the clarifications contained in the decision of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 N 15 “On the application by the courts of legislation when considering cases of divorce”, according to which legally significant circumstances in resolving issues of this kind are clarifying questions about the presence or absence of grounds for derogating from the beginning of equality of the shares of spouses in common property, as well as on the presence or absence of grounds for the transfer of the disputed property to one of the spouses with the award of appropriate monetary compensation to the other spouse.
As such circumstances, the panel of judges pointed to the fact that the defendant did not fulfill the condition on observing the property interests of minor children, namely, on the transfer to them in the future of a share in the ownership of the property object – an apartment, as well as on the existence of personal hostile relations between former spouses as a fact that certainly testifies to the need to deviate from the beginning of the equality of their shares in jointly acquired property, referring to a domestic conflict that ended with the reconciliation of the parties when considering a criminal case against the defendant.
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation recognized that the appellate ruling regarding the resolution of the dispute on the division of the common property of the parties was adopted in violation of the norms of substantive and procedural law and cannot be accepted for the following reasons.
In accordance with paragraph 1 of Art.
34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their joint property.
Rules for determining the shares of spouses in common property during its division and the procedure for such a division, as indicated in paragraph 4 of Art. 256 of the Civil Code of the Russian Federation are established by family law.
In paragraph 3 of Art. 38 of the RF IC establishes that when dividing the common property of the spouses, the court, at the request of the spouses, determines what property is to be transferred to each of the spouses. If property is transferred to one of the spouses, the value of which exceeds the share due to him, the other spouse may be awarded appropriate monetary or other compensation.
In accordance with Part 2 of Art. 56 Code of Civil Procedure of the Russian Federation, the court determines which circumstances are relevant to the case, which party must prove them, submits the circumstances for discussion, even if the parties did not refer to any of them.
At the same time, the court determines legally significant circumstances, taking into account the norms of substantive law that are subject to application.
According to the general rule established in Art. 39 of the Family Code of the Russian Federation, when dividing the common property of the spouses and determining shares in this property, the shares of the spouses are recognized as equal, unless otherwise provided by the agreement between the spouses.
The court has the right to deviate from the beginning of equality of the shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interest of one of the spouses, in particular, in cases where the other spouse did not receive income for unjustified reasons or spent the common property of the spouses to the detriment of the interests of the family (paragraph 2 of article 39RF SC).
One of the legally significant circumstances in this case was the clarification of the issue of the presence or absence of grounds for derogation from the beginning of equality of the shares of spouses in common property, as well as the presence or absence of grounds for transferring the disputed property to one of the spouses with awarding the other spouse the corresponding monetary compensation.
In accordance with the clarifications contained in paragraph 17 of the decision of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 g. N 15 “On the application by the courts of legislation when considering cases of divorce”, when dividing property that is the common joint property of the spouses, the court, by virtue of paragraph 2 of Art. 39 of the RF IC may, in some cases, depart from the beginning of equality of the shares of spouses, taking into account the interests of minor children and (or) the interests of one of the spouses that deserve attention.
The Decree contains a list of possible cases and grounds that the legislator understands as worthy of attention. However, the law does not require the existence of a combination of these grounds. In particular, such an independent basis is, first of all, the interests of minor children.
Derogation from the beginning of equality of the shares of spouses in their common property based on the interests of minor children is also consistent with the constitutional principle enshrined in Part 2 of Art.
7, part 1, art. 38 of the Constitution of the Russian Federation.
The law does not contain a list of noteworthy interests of minor children, taking into account which the court has the right to derogate from the beginning of equality of the shares of spouses in common property.
The specified reasons (circumstances) are established in each specific case, taking into account the evidence presented by the parties. At the same time, these reasons and the evidence presented in support of them must be assessed by the court in the aggregate (part 4 of article 67 of the Code of Civil Procedure of the Russian Federation), with citation of the motives for which these evidence were accepted to substantiate the conclusions of the court or rejected by the court.
Meanwhile, having determined the existence of circumstances that allow, in its opinion, to deviate from the beginning of equality of the shares of spouses in relation to their jointly acquired property, the court of appeal did not indicate how in this case the interests of children are observed, for the sake of which this derogation should occur .
The ruling of the court of appeal does not indicate what specific rights and interests of the minor son of the parties were violated by the actions of the defendant Shch.D. for SCH.D. – 1/3 share) in the property of the spouses will promote the interests of the minor.
At the same time, the actions of Shch.D., expressed in the failure to fulfill an obligation in relation to property that is not the subject of a dispute, are indicated by the court of appeal as a basis for derogating from the beginning of equality of shares in the common property of the spouses.
In addition, pointing out that the father of the minor child did not alienate his share, the court did not investigate the circumstances of determining the fate of the share of the apartment owned by the mother of their minor son, and did not give any legal assessment to this. Meanwhile, the plaintiff, like the defendant, did not dispose of her share in the living quarters in favor of her minor children.