Open AccessDivision of property in case of divorce
Author(s) -
K. G. Zhdanyuk,
M.G. Polishchuk
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.15
Subject(s) - wife , property (philosophy) , cohabitation , spouse , legislation , division of labour , interpretation (philosophy) , real property , law , law and economics , division (mathematics) , phenomenon , property rights , sociology , political science , computer science , epistemology , mathematics , philosophy , arithmetic , programming language
The formalization of a marriage gives rise to new rights and responsibilities for the husband and wife. Today in Ukraine there is a large number of divorces, which, in turn, is a negative phenomenon. This raises problematic issues regarding the distribution of jointly acquired property during the cohabitation of a married couple. It is not always possible for a spouse who has expressed a desire to dissolve a marriage to voluntarily agree on the division of property without being involved in a court case. Litigation over the division of property acquired in marriage is a very popular practice and is often used in real life, as the ex-husband and wife cannot agree among themselves on who will get what property and in what quantity. Therefore, this issue requires detailed and extended study, interpretation and analysis by scientists.
Examine in detail the process of division of jointly acquired property in marriage, provide answers to problematic questions related to joint ownership, analyze controversial situations that often occur in the practice of resolving family disputes over the division of jointly acquired property during marriage.
Thus, the process of division of property between spouses is a complex, laborious and long process that requires awareness of the law. It is also worth noting that there are certain problems in the legal regulation of the division of joint joint ownership, and they require detailed analysis and study by scholars.
With divorce, that is, the termination of marriage relations, both by the legislation of Ukraine and in the regulatory acts and legislation of the EU, personal property of the spouses is not subject to separation. If a man and wife when breaking marriage entered a separate residence mode or one of them went bankrupt, the community of property may be suspended. In addition, according to the legislation of the EU, the allocation of particles in the joint property of his wife and husband can be accomplished in recognizing one of them incapacitated, in case of deprivation of one of them to own certain property, use and dispose of a certain property or inappropriate management of this property.
After divorce, a property relationship arises between a man and a woman, which is the main issue in the study of the peculiarities of family relations after divorce and termination of marriage.