The Principle of Equality of Rights of Spouses and Grounds for Derogation when Dividing Property of Spouses

Abstract

Introduction. In the Family Code of the Russian Federation, the legislator enshrines the principle of equal rights of spouses and establishes a regime of joint property of spouses. The circumstances that arise in family life are multifaceted, and it is not always possible to maintain family relationships. As a result, the division of the spouses’ property occurs in court with the requirement of the party to deviate from the principles of equality of shares. The author has made an attempt to identify the legal nature and criteria of “deviation from the principles of equality of shares”, the basis for the possible recognition of property as the property of everyone in the event of separation of spouses. Methods. The study used analysis and synthesis, induction and deduction, argumentation, generalization, historical and comparative legal analysis. Results. An analysis was carried out and the legal nature of the deviation from the principles of equality of shares was determined, criteria were proposed that allow spouses and former spouses to apply the rule “on deviation from equality of shares” in court, to protect their property rights during the division of property and the termination of family life. Discussion and Сonclusion. Proposals have been made for the development of Russian legal regulation, allowing for the exercise of property rights of spouses when dividing property on the basis of the principle of equality.