On the Possibility of Property Division Acquired Using the Accumulative Mortgage System of Housing Provision for Military Personnel in Case of Divorce

Abstract

The article considers the problem that arises during the divorce of spouses on the division of property, related to the peculiarities of military mortgages. The main problem is the question of the legality of recognizing residential premises acquired in marriage using mortgage lending in the accumulative mortgage system as joint property of the spouses. The decision on the division of such property in case of divorce also depends on the answer to this question. There is a discussion on this issue in legal science, and also there is no uniformity in judicial practice. Based on the analysis of the doctrine and law enforcement practice, the author comes to the conclusion that residential premises acquired in marriage with the use of mortgage lending in the accumulative mortgage system of a military serviceman should be recognized as joint property of spouses, including the aim of protecting the interests of a serviceman’s family members. This provision is affirmed by the Supreme Court of the Russian Federation in a decision on a specific case, but it should be formalized at the level of judicial practice review or in Ruling of the Plenary Session of the Supreme Court of the Russian Federation.