Some Controversial Issues of Legal Regulation of Marital Property

This article is devoted to analyze the approaches to the division of the marital property, which exist in law enforcement practice, to consider controversial issues and to prepare proposals for improving legal regulation. The topicality of the marital property subject is caused by the fact that in a modern family a significant part of relations are property relations. Also, given the trend towards the spread of family relations with a foreign element, the issue of the division of the marital property is of particular interest, when two or more states claim to regulate the property relations of the spouses. Conclusions: Former spouses are in an equal position regarding the observance of the property interests of minor children, and the determination of their place of residence with one of the former spouses is not in itself a basis for increasing the marital share. The property acquired during the marriage using the personal funds of one of the spouses is not the common property of the spouses, however, it is necessary to take into account the difficulties in proving the corresponding chain of transactions. An object of unfinished construction can be attributed to the marital property of the spouses. The beginning of the limitation period from the moment of involvement as a party in the case may lead to ignoring the facts of earlier recognition by the former spouse about the violation of his rights to common property, which may affect the interests of third parties (including in the framework of hereditary relations). A claim for the division of property located in the territory of another state should be considered as a claim to change the regime of marital property of spouses, not as a claim for rights to such an object. Common debts should be included in the marital property.

division of the spouses' common property, deviation from the principle of the equality of shares, conflict of laws issues