Grounds and Procedures for the Division of Spouses\' Property

This work is devoted to the study of issues arising in the process of division of spouses' property. It is shown that in Russian doctrinal sources there are different approaches to understanding what is the common property of spouses, as well as what specific types of property are included in the common property of spouses. It was found that, according to the approaches set forth in the normative acts of Russian legislation, judicial acts, the common property of the spouses should include the common debts of the spouses, which are subject to division in accordance with the general rules stipulated by family law. It is also concluded that the income received from the use of the result of intellectual activity belongs to the common property of the spouses. Regarding the existence of legal presumptions enshrined in the norms of family law, it was concluded that they can be used in law enforcement practice, however, it is necessary to proceed from the factual circumstances of the case and take into account the circumstances of a possible violation of the rights of one of the spouses. The author notes the dispositiveness established in Russian legislation in relation to the provision of an opportunity for spouses, by mutual agreement, to establish the most method of disposing of common property and property rights out of court. It is shown that one of the most effective procedures for reaching agreement between spouses in the event of a conflict situation regarding the impossibility of agreeing on the procedure for dividing common property is to seek qualified help from a mediator. The author also provides an analysis of innovations in family law, which have so far been formalized in the form of a draft law, but have great potential and are capable of making positive changes in the legal regulation of the division of spouses' property, in terms of an accurate definition of the concept of common property as a single property complex.