Some Problems of Legal Regulation and Law Enforcement Practices Related to the Section of General Security Property

The work is devoted to studying of the division of common spouses’ property in Russia, and to revealing main problems emerging in legal regulation and in law enforcement practice. The purpose of the study is to analyze some of the problems of legal regulation and law enforcement practice arising from the division of common property. The current study examines the legal regulation of the spouses' common property, the spouses' property regimes, explores the peculiarities of the voluntary and judicial procedure for dividing the spouses' property, as well as the protection of the rights of a bona fide spouse during the insolvency proceedings of the other spouse. The author formulated the concept of “family needs”, and concluded that it is necessary to apply the provisions on the invalidity of a marriage contract to an agreement on the division of the common property of spouses. The paper allowed concluding the necessity of clarification when deviating from the principle of equality of the shares of spouses in the presence of the interests of minor children. The study suggested possible ways to protect a bona fide spouse when selling common property/