In the conditions of developing a market economy, property issues become more complex over the years. However, the law clearly defines the ownership of property. A very urgent problem are the options for dividing the property after the divorce between the two spouses. In addition, the situation is possible of the division of property, when one of the spouses expresses the desire to give part of the property to their children or, for example, to pay off the property with their personal debts,
When the procedure for the division of property should first determine its legal regime. According to the norms of the Family Code of the Russian Federation, there are two options for dividing the property of spouses: in lawful and contractual terms. The latter may contain elements of the regime of separate ownership or legal, etc.
The presence of a marriage contract between spouses gives them the opportunity to determine property relations based on specific circumstances and interests. However, legal statistics show that the legal regime is more widespread. It is applied when the marriage contract was not concluded or it provides a legal regime for part of the property. The regime of joint ownership is also recognized as a legal regime. The concept of "joint property of spouses" implies that property and property rights, which are acquired by the spouses during the marriage.
Joint family life without state registration of marriage does not create a joint ownership of property. In these cases, there is a common share ownership of those individuals whose common assets were acquired property. Then property relations between people are regulated by civil legislation, and not by family law. If the division of property between cohabiting persons without the registration of a marriage raises disputes over the division of their property and if no other regime of this property has been established between them, they will be resolved not under the Family but under the Civil Code of common property.
If the marriage was declared invalid, then the legal relationship of such marriage is canceled. This also applies to legal relationships between co-owned property. Then the property acquired in the marriage is either considered invalid or is recognized as belonging only to the spouse who bought it, or is recognized as the common share property. In the event that one of the spouses at the time of marriage did not suspect its invalidity, then the court may retain the same rights as if the division of property acquired in a lawful marriage occurred. Joint property of spouses is divided in half. In determining such property, they are recognized as equal for both spouses, unless, of course, a contract is concluded between the spouses.
It is important to note that the court can be revoked the principle of equality of shares of spouses in the division of property. In this case, the share of one spouse may be increased for the benefit of minor children living with him, and also because of his illness, disability, etc. A decrease in the share of one of the spouses can be justified by irrational disposal of common property, non-receipt of income for an unreasonable reason and etc. Such a retreat of the court from the principle of equality of shares should always be motivated and justified in a judicial decision, otherwise this decision can be canceled.
In the event that during the marriage one of the spouses took care of the children, led a household or other, and at the same time could not have an independent income, then the property is divided equally between the two spouses unless the contract between them provides for anything else. The regime of joint ownership is not applicable to premarital property, property received by any of the spouses by inheritance or as a gift during marriage and for items of individual use, excluding luxury goods. Each spouse owns such property independently and can freely dispose of and use it. This property is not taken into account when determining the shares of spouses and the section of common property.