FEATURES OF THE DIVISION OF JOINT PROPERTY OF SPOUSES: CONDITIONS AND PROCEDURE FOR ITS IMPLEMENTATION

Abstract

In a state governed by the rule of law, proper regulation of property relations between spouses is a key mechanism for protecting the rights of each spouse, guarantees a fair distribution of property, and minimizes the risks of social and economic conflicts. At the present stage, one of the main problems of family law remains the determination of the conditions and procedure for dividing the joint property of spouses, taking into account individual life circumstances that can significantly affect the fairness of such distribution.

The division of the joint property of spouses is a complex legal process that requires consideration of legal, economic, and factual aspects. It is possible to conditionally distinguish several main stages that ensure the consistency and legality of the procedure. In the course of the study, attention was drawn to the fact that the division of the joint property of spouses can be both forced (judicial) and voluntary.

The article analyzes the conditions and procedure for dividing property between spouses. By entering into marriage, the parties acquire not only personal rights and obligations, but also enter into a regime of joint joint property. It is this legal category that most often becomes the subject of dispute during the dissolution of marriage. Therefore, the issue of division of joint property of spouses is extremely relevant and requires in-depth scientific analysis, as well as the search for effective mechanisms for its regulation.

A separate direction of research in this article is the analysis of legal aspects of division of joint property of spouses. In particular, the features of the division of joint property under martial law are considered. Given that the introduction of martial law in Ukraine led to a number of legislative changes, it should be noted: the procedure for concluding a marriage was significantly simplified, while the procedure for its dissolution remained almost unchanged.

It is substantiated that the division of joint property of spouses should be carried out on the basis of clear legal norms that determine the conditions, procedure and principles of such division. The main regulatory legal acts that regulate the process of division of joint property of spouses in Ukraine are analyzed.

The study demonstrates that the division of joint property between spouses is a multifaceted problem of modern family law, which requires not only legal regulation, but also taking into account the real life circumstances of the parties. Thus, the scientific article contributes to the identification of new approaches to the effective and fair resolution of property disputes between spouses.