ПРОБЛЕМЫ СУДОПРОИЗВОДСТВА ПО ДЕЛАМ О РАЗДЕЛЕ ИМУЩЕСТВА СУПРУГОВ В РОССИЙСКОЙ ФЕДЕРАЦИИ

Abstract

The article analyzes the issues of interpretation and application of legislation regulating the disposal of the common property of former spouses. The main idea of the article is the absence of social and economic prerequisites for the current legal practice of changing the procedure for disposing of the common property of former spouses after divorce, but before the division of property between them. This gap in the legal regulation of the procedure for disposing of the common property of the former spouses creates a disproportion in the degree of protection of the property interests of the former spouses and thus leads to a significant violation of their property rights. The latter, in turn, leads to a significant violation of the fundamental principle of family law of the Russian Federation - the principle of equality of spouses. The article considers the procedure for the division of spouses' property for different regimes of common property (both during marriage and after its dissolution). If the spouses could not come to a mutual agreement on the division of property, then the division will be carried out in court. The author analyzes the difference between a marriage contract and an agreement on the division of property between spouses, the establishment of a regime of common joint and common shared or separate ownership. Novels about digital notaries allow spouses to avoid conflict in the division of jointly acquired property. In addition, the article discusses the conclusion of a mediation agreement on the division of jointly acquired property between spouses as a result of the application of the mediation procedure as an alternative settlement of the dispute.