Marital Property Research Articles

Rozliczenia majątkowe oraz reprezentacja jednopłciowych partnerów w związkach nieformalnych

Asset settlement and representation of same-sex partners in informal relationships The division of assets after the dissolution of a same-sex relationship generates an increasing number of problems in relation to the institutionalization of both same-sex and different-sex relationships in different EU countries. Polish law does not recognize civil partnerships or same-sex marriages. However, it has become more common for a same-sex partners from a marriage registered outside Poland to acquire rights under the rules of common marital property law in force in another country, which has legal consequences under Polish law. In practice, in day-to-day matters and in legal transactions, partners act on the basis of very specific powers of attorney, granting them a much wider range of rights than those to which spouses are authorized under the common marital property law.

Eksistensi dan Kehujjahan Urf sebagai Sumber Istimbath Hukum

The science of Usul Fiqh developed along with the development of Islam to various areas in the Arabian Peninsula. Research by the Usul Fiqh, it is necessary because many cultures outside of the Arabian Peninsula, which are at odds with the local culture of the Arabian Peninsula. Of course, it is a requirement of local communities who do not know much about Islam. Therefore, the clergy continue to do a lot of efforts to resolve the various problems that exist. Where it is constituted by several methods for the formulation of Islamic law in addition to the "al-Quran", "Sunna", "Ijma’" and "Analogy" which has been agreed upon by both parties, namely al-urf. For Muslims, wherever they are, for the law of the provisions of the Quran and the Hadith of the Prophet is not violated, local customs can be declared valid. Legal ijtihadiyah derived from the "custom" and then set as Islamic law where if the "custom" is a source of that change, then the law ijtihadiyah will also change. The Compilation of Islamic Law contains a consideration of the customs law which is used as the legal basis that there was product fiqh of marital property which is distinct different with the corpus of jurisprudence outside Indonesia. The basic example is based on the reality if the law changes to suit the turn of time, place, and conditions. From here it looks that the nature of Islamic law that dynamic can be seen very clearly. Keywords : ‘urf, Islamic law, and ijtihad

Medieval Private Property in Cilician Armenia: the Mediterranean Context (the 13th-14th centuries)

Abstract: When in the 12th century the King Levon I (as prince Levon II — 1187–1198, as king — 1198–1219) united the state with a huge part of the northeastern shore of the Mediterranean sea, Cilicia Armenia quickly became involved in the most developed financial and economic relations of the time, the Mediterranean system. The accessibility of documenting private capital through paper changed the way people treated and used their private property. If in earlier centuries, only people of higher social strata could document their property using parchment, then the wide circulation of paper and the increase in its production volumes made it possible to document property to different classes, including both men and women. The capital and the issue of private property are components characterising the culture of medieval everyday life. The types and transformations of private properties in Cilician Armenia are reflected in historical sources, particularly in the codes of Mkhitar Gosh and Smbat Constable. There are numerous legal points in their works, as well as numerous evidences about the division of different types of properties, marital property etc. There is plenty of evidence in the documents drawn up in Cilician Armenia by notarial agents mainly from Genoa and Venice, which are unique sources for this issue.

Penetapan Status Anak Akibat Perkawinan Dibawah Tangan

The purpose of this study is to find out the legal position of the status of children born due to marriage under the hands and to find out the legal considerations of the judges of the Gorontalo Religious Court in the determination of Number. 77 / pdt.p / 2020 / PA. Gtlo. The author in his research uses normative research methods conducted by researching directly in cases that occur during society. Research is focused on describing legal issues, analyzing legal products, then presenting them systematically. The results of this study show that: 1) The legal position of the status of children born due to marriage under the hands in case Number. 77/Pdt.p/2020/PA. Gtlo, the panel of judges argued that the marriage of the petitioners was following the terms and pillars of marriage according to Islamic law, it's just that the marriage did not meet the administrative requirements as desired by article 2 paragraph (2) of Law Number: 1 of 1974 jo Law No. 16 of 2019 on marriage, so that according to Islamic law the marriage is still considered valid. Thus causing legal consequences, such as the rights and obligations of the husband and wife, marital property, the relationship between both parents and children (nasab), obligations of child maintenance (hadhanah), and inheritance. (2) Legal considerations used by the judges of the Gorontalo Religious Court in determining the petitioners' application in this case number 77 / Pdt.P / 2020 / PA. Gtlo there are at least three references of judges, namely, the evidence submitted by the applicants, the testimony of witnesses, and the provisions of the law (law) relating to the silverware.

Mediation In Settlement of Joint Marital Property Disputes: Study At Tanjung Karang Religious Court, Lampung

In general, after a divorce, there are frequent disputes relating to joint marital property. The settlement of joint marital property disputes can be carried out through a mediation process applied through litigation (court) and non-litigation (outside court). The settlement of joint marital property disputes is one of the absolute jurisdictions of Religious Courts. The number of joint marital property cases successfully mediated in Religious Courts throughout Indonesia in 2018 was 6.2%, in 2019 was 5,5%. This paper describes the factors that cause unsuccessful mediation in settling disputes over joint marital properties at Tanjung Karang Religious Court, Lampung. This empirical study with qualitative analysis and a normative juridical approach interviews mediator judges, disputants, and advocates. The research results show that the implementation of the mediation process in settlements of joint marital property disputes at Tanjung Karang Religious Court in the last four years is 15.1%, which is in the low category. Factors that influence the unsuccessfulness of mediation in joint marital property disputes at Tanjung Karang Religious Court are the absence of the parties, the disputed object, and the intervention of third parties (family, friends, and lawyers).

Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce

The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.

Cancellation of The Marriage Agreement Dedicated After The Marriage is Conducted

Marriage aims to form a happy, eternal, and conscious family without pressure. From a marital relationship, rights and obligations, including property, are regulated in the marriage law. For certain couples, marital property needs to be separated and a special agreement is made that regulates the separation of assets and obligations of both partners. In the case that it was found that there was a couple who made a separation agreement made after the marriage took place, there is a fact that the agreement was requested to be canceled for various reasons from the plaintiff. With these facts, the purpose of this study is to examine the legal aspects of the cancellation of the marriage agreement made after the marriage took place. This research method used a normative juridical method with a conceptual approach and legislation. The conclusion of this study is that marriage is a form of relationship between a man and a woman with the aim of forming a family, that it is undeniable that marriages are carried out between Indonesian citizens and foreigners and this is that there are legal differences that apply to men and women in mixed marriages because of differences in nationality. . In mixed marriages, there will be things regarding property that are different from marriages between Indonesian citizens and Indonesian citizens. The marriage agreement made by the couple before the marriage can be in the form of an authentic deed made before a notary as a public official, if the marriage agreement is made after the marriage it will result in null and void.

Stepfamilies, inheritance, and living arrangements in a rural society of Germany

ABSTRACT This article explores whether, in terms of inheritance and living arrangements, stepfamilies differed from other families. It is done for the parish of Belm near the town of Osnabrück, Northwest Germany, with a database that includes a family reconstitution 1650–1860, household lists, sources on landholding and other nominative data. – The family reconstitution, analysed by a lifetable approach, shows that the great majority of men, widowed below age 50, found a new spouse. The same is true for women below age 40. Remarriages took place remarkably soon, and both widowers and widows usually chose a much younger partner. Thus, many stepfamilies emerged. – According to the regional law, farms were impartible, and the youngest son was preferred as heir. If, however, a remarriage had taken place, the farm was supposed to go to a child from the first marriage. Due to a regime of joint marital property, widows were in a rather strong position. The database reveals to what extent the practices of property transfers followed the rules, and several legal disputes show the lines of potential conflict. – Census lists from the nineteenth century show that, after retirement, stepparents frequently lived in a separate cottage, running their own household economy, if the farm was large enough. Biological parents usually stayed in the main house, as part of their successor’s household. Moreover, orphaned future heirs of large holdings tended to go into service on another farm, instead of working under their stepfather’s rule. This, however, was also true where the future heir’s sibling was the interim manager of the holding. In sum, the cleavage in complex families was not inevitably between children and stepparents, nor between the offspring of different marriages. Proximity and distance between family members depended on many factors, shared biological descent was just one of them.

Umowa o podział majątku wspólnego a zajęcie prawa do podziału tego majątku (art. 912 Kodeksu postępowania cywilnego). Glosa do postanowienia Sądu Najwyższego z dnia 14 lipca 2017 r. (II CSK 718/16, OSNC 2018, nr 7–8, poz. 78)

The commentary is approving. A proceeding concerning the distribution of joint marital property was ongoing in the case. It was issued upon the request of the creditor, who in the course of the enforcement proceedings made a request to have the right to have a distribution claim of that joint marital property. After making this request, the spouses conducted the distribution of their property on the grounds of a contract. In the decision of 14 July 2017, the Supreme Court settled the issue whether a distribution of joint marital property agreement, made during the course of the enforcement proceedings, is void against the enforcement creditor. The Supreme Court has given a positive reply to this question. The commentary concerns the interpretation of Article 912 of the Code of Civil Procedure, which apart from short comments, has never been analysed in the context of the doctrine. At the same time, the comments contain short observations repeated by most authors. In this regard, the issues raised in the commentary are the first scholarly publication deepening this topic. The issues connected with making the request to have the right to have a claim to distribute joint marital property, time as of which this request comes into effect and the consequences of the request, especially with respect to the enforcement creditor, are discussed in the commentary to this decision.

Exploiting legal fictions in circumventing legitimate rights in marital property

The Marriage is the norm of life and living in the family’s embrace under the shade of affection and tranquility is a goal that everyone who takes this step seeks, and the happiness and balance of the family can only be achieved by obtaining what can be achieved from the requirements of a decent life.But not everything that a person wishes to realize, some have intervened Factors and inconveniences make married life impossible to continue, and the most important of these factors, according to a scientific study, is money According to ourIslamic law, the offspring must be legitimate, and this will not happen except through legal marriage, and in the verse it is associated. Money with children because it has a strong influence and a close link to married life, which in turn is considered a partnership between two parties. The spouses may not be successful in completing this partnership, and the matter ends in divorce, and often the woman is forced to demand her legal and material rights. In this research, I will discuss, in particular, the tricks that some lawyers use to make things difficult, or to prevent the divorced woman from having her rights, especially material ones.

A Study on the matrimonial property system Comparing with the interpretations of the Japanese Civil Law

The provisions on the matrimonial property system in the Korean the Civil Law apply to a married couple unless otherwise specified in a premarital agreement signed by the couple (Article 829 of the Civil Law). This article overviews the history and theories of the property system in the Japanese Civil Code, as it is regarded as the most similar to the matrimonial property system in Korea. The social perception of marriage may vary depending on the time and social situation, which makes it difficult to clearly grasp the public’s general preference for the marital system at a given time. However, it may be possible to derive such preference from social perception surveys utilizing relevant statistics. When we take a look at similar survey findings and statistics in Korea, we find out that, in the 1960’s when the first Civil Law was enacted, average Koreans married in their 20’s and stayed married for around forty years, and wives were not actively engaged in economic activities in general. Today, on the other hand, the marriage rate is declining while the divorce rate is increasing along with the remarriage rate. These stark differences between the two periods warrant a question; are the marital property relationship in those two periods the same? This eventually leads to the question of whether to uphold the social value that comes from a couple’s joint pursuit of communal life through marriage, or leave decisions on matrimony and the dissolution thereof to each individual’s free judgment. It should be noted that, unlike the past, marriage today is widely considered a contract that establishes a human community between men and women, and such a community can be freely established and dissolved based on individual affection. That is, ‘merger and succession of families’ is no longer emphasized in the marriage context. Therefore, with regard to spouses or children in need of economic support during marriage, it is necessary to grant them a way to file claims for support fees and have those claims executed with meaningful results, promote meaningful property division in case of divorce or find a way to increase a spouse’s inheritance. In particular, for couples in de-facto marriage where one of the spouses is reluctant to form a matrimonial property relationship and postpones or rejects marriage registration, it is necessary to adopt protective measures for the other spouse and their children. The 2020 bill to the Civil Law can be regarded as part of the continuous efforts to address economic inequality within married couples through the law. However, as one finds out, the bill contains provisions that are difficult to adopt without fundamental changes to the legal doctrine on change of real rights or the disclosure method thereof. The adoption of the bill is expected to face difficult challenges in terms of transaction safety. Therefore, the matrimonial property system under the Civil Law should be interpreted in a way that allows only the minimal level of solidarity required for the support of the married couple, so as to ensure that the interpretation is based on freedom of marriage but does not infringe on the safety of transaction.

Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.

Dampak Perkawinan Anak dan Perceraian: Studi Kasus Komunitas Samin di Kudus Jawa Tengah

This paper is a qualitative research based on observation and interview among Samin community in Kudus. The purpose of this study is presenting unregistered marriage among Samin community. Samin community is the descendants and followers of Ki Samin Surosentiko, renowned for his nonconformity against the Dutch since 1840s. Following the teaching, Samin people do not registered their marriage and thus they do not feel necessary to obey the government regulation on the minimum age of marriage. The marriage among Samin community will be performed once a girl and a boy perceived to be ready. There are three stages of maturity: adam timur, adam brahi and wong sikep kukuh wali adam. This understanding may lead to child marriage and among its negative impact is divorce. The consequences of unregistered marriage go further to dispute of marital property, right of guardianship, and even conflict between relatives. Nowadays, some Samin people try to find a way to register their marriage in order to get a marriage certificate from the Office of Civil Administration of Kudus. The government needs to pay more attention to the phenomena

Marital Property within the Marriage Law: A Debate on Legal Position and Actual Applications

This paper presents a debate on the legal posistion of marital property and its application. It begins with examining the legal position of marital property and the application of the UUP and KHI for Muslims. It also pays attention to a discussion of whether the position of marital property needs to be declared in a marriage agreement or comes into effect automatically in every marriage. It ends with examining various actual applications in resolving a legal dispute over the marital property in the Indonesian Religious Courts. As qualitative research, this study adopts a socio-historical approach. Data were taken from such regulations on the marital property as the UUP and KHI, official documents released by the Supreme Court of the Republic of Indonesia. The data were also collected from books and reputable journals. Based on the socio-historical analysis, it could be concluded that the legal position of marital property distribution has been regulated in the UUP and KHI coming into force nationally. Under this legal framework, the property acquired during a marriage belongs to both spouses. In practice, however, the spousal rights to share the property ownership becomes broken in two situations, i.e., when the husband and wife agree to include the formulation of the distribution of marital property in their marriage agreement, and when one of them files a lawsuit for the marital property by either litigation or non-litigation. Decisions based on the qualitative contributions have turned out to be more dominant in the history of settling disputes over marital property in Indonesia. [Artikel ini membahas perdebatan posisi hukum dari harta bersama beserta penerapannya. Pembahasan diawali dari posisi hukum harta bersama dan penerapannya didalam UU Perkawinan dan Kompilasi Hukum Islam (KHI). Hal ini juga dibahas apakah perlu dicantumkan dalam perjanjian nikah atau otomatis menjadi bagian dari setiap pernikahan. Selain itu artikel ini juga membahas beberapa penerapan dalam penyelesaian kasus hukum harta bersama di Peradilan Agama. Artikel ini menggunakan pendekatan sosio-historis dan tidak hanya menggunakan rujukan dari buku serta jurnal ilmiah, tetapi juga dari dokumen resmi peraturan perundangan dalam UU Perkawinan, KHI serta Mahkamah Agung. Dalam tulisan ini disimpulkan bahwa harta bersama sudah mempunyai posisi legal dalam UU Perkawinan dan KHI serta diterapkan secara nasional. Dalam logika hukum ini, harta yang didapatkan selama pernikahan menjadi milik bersama. Dalam praktiknya, hak keduanya akan terbagi jika berada di dua kondisi, pertama ketika suami dan istri memasukkan formasi pembagian sendiri dalam perjanjian pernikahan dan kedua ketika salah satu dari pasangan tersebut mengajukan gugatan harta kekayaan baik lewat pengadilan atau tidak. Keputusan yang berdasarkan kontribusi kualitatif ternyata lebih dominan dalam sejarah penyelesaian perselisihan harta bersama di Indonesia.]

Extremely unfavorable material situation as a ground for recognition of a marriage agreement invalid

The article is devoted to the issue of the evaluation category of Ukrainian legislation - “extremely unfavorable financial situation”, enshrined in the fourth part of Article 93 of the Family Code of Ukraine, as a basis for declaring a marriage contract invalid in court. The positions of domestic and foreign scholars on the criteria for classifying the position of one of the parties to a marriage contract to an extremely unfavorable financial position are considered. The attempts of legislators to enshrine in the Family Code of Ukraine specific features of extremely unfavorable financial situation under the marriage contract and provided a legal assessment.The practice of the Civil Court of Cassation of the Supreme Court in cases of recognizing a marriage contract as fully or partially invalid due to the extremely unfavorable financial situation of one of the spouses, in particular: 1) in connection with the transfer of all property to one of the spouses (acquired before marriage to another spouse, acquired in marriage, after divorce); 2) in connection with the personal contributions of one of the spouses to the property jointly owned by the spouses or the personal private property of the other spouse (recognition of the per-sonal property of one of the spouses as invested in the construction of a joint house; payment for an apartment by one of the spouses and his relatives, most of which belongs to the other spouse).Based on scientific doctrine, legislative initiatives and case law, it is generalized that there are three main criteria for recognizing an extremely disadvantageous financial situation: an imbalance in the division of marital property; encroachment on the income of one of the spouses to the other spouse; burdensome maintenance of relatives of one of the spouses to the other spouse.It is concluded that it is inexpedient to specify the grounds for recognizing the extraordinary disadvantage of one of the parties to the marriage contract at the level of law. Instead, it is proposed to improve the general provisions on the rights and obligations of spouses, listed in the Family Code of Ukraine, as those that are decisive for the court’s assessment of the position of the parties to the marriage contract.

Amelia Bloomer, The Lily, and Early Feminist Discourse in the US

The Lily, a temperance and woman’s rights publication started by Amelia Bloomer in 1849, was among the first periodicals published by and for women in the US. This study argues that Bloomer’s editorship of the Lily from 1849–1854 advanced the cause of woman’s rights in the US through discourse, dialogue, and practice. The issues addressed in the Lily—marital relations, political representation, property ownership, education and work opportunities, fair wages, fashion customs, women’s health, religion, and gendered social norms—reflected a broad-based agenda for feminism that is familiar today. At the same time, the journal’s privileging of middle-class white womanhood exposed fissures and blind spots related to race and class that would reverberate for generations. In her role as editor, Bloomer helped show readers the personal was political, earning her a significant place in feminist media history.

Системность правоприменительной практики в вопросах отступления от начала равенства долей супругов в их общем имуществе

Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property is interpreted ambiguously in law enforcement, and the incorrect interpretation of the norm is revealed. In this regard, the author sets the goal: to summarize the approaches developed by the judicial practice on this issue, to identify and analyze the grounds for deviation from the principle of equality of shares in the division of property of spouses. Results: the reasons for the increase in the marital share are investigated, the problems of determining the criteria are identified, and the inconsistency of court decisions in similar cases when considering the categories “child’s interest” and “spouse’s interest” is established. Conclusions: based on the analysis of the legislation and materials of judicial practice, the problems of applying the grounds for derogating from the equality of the shares of spouses in the division of jointly acquired property and the ambiguity of the law enforcement are highlighted. Based on the results of the work, the author has developed some practical proposals and recommendations for improving the legislation.

Gender and Access to Land Ownership: Christian Reflection on the Experience of Malawian Widows

Most women in Malawi encounter gender-based discrimination and violence when attempting to access land rights. Although legally land is transferred from parents to children, culturally in practical terms, land is either controlled by a brother or an uncle, leaving female members of the family with no decision-making powers. Upon the death of the husband, the widow loses property jointly held with the husband, as well as her own marital property to either the brother of the husband, or to her own brothers and uncles. Regardless of the many years spent in building their life together while enjoying the land they lived on and cared for together, unfortunately, the death of her husband leaves the widow with nothing. Lack of civic education makes many widows remain ignorant of the fact that the Malawian law protects them, and their land claims. This ignorance contributes to the suffering and impoverishment of many widows and leads some to live in acute poverty. The church has a special obligation to protect the rights of widows. It has an obligation to help empower women to secure land and the right to land so that widows can contribute to the larger community. Using a narrative approach, this article will demonstrate the difficulties faced by Malawian widows in terms of land claims. Current practices of inheritance and the ways widows are dispossessed will be uplifted through widows’ own stories about their lived realities. The article will conclude by proffering constructive proposals about how the church can empower widows to find solutions to these very real problems

A Study on the Revision of Spouse’s Inheritance Rights: Proposal of the Sliding Scale Method

According to the Korean inheritance law, the share of the surviving spouse’s inheritance depends on the number of co-inheritors. This is because the spouse’s share adds 50% to the share of the co-heirs. If there are many co-heirs, the spouse’s share will be reduced. The reason for marriage to end is death or divorce, but the share of the surviving spouse left behind by death is often less than that of divorce. The increase in the elderly population has increased the need to protect elderly spouses, especially female spouses. The diversification of family forms poses a problem with the inheritance ratio that applies uniformly in all cases. The imbalance in the liquidation of marital property by divorce and bereavement shows the need to improve the current spousal inheritance system. As a way to revise the spouse inheritance system to ensure legal stability and fairness, I propose a SLIDING SCALE method that varies the inheritance ratio differently depending on the length of the marriage period. This measure presupposes the assumption that the longer the marriage period, the greater the contribution of the surviving spouse to the formation of marital property. Specifically, surviving spouses with a marriage period of fewer than five years will be granted 30% of the deceased’s estate, while surviving spouses with a marriage period of more than 25 years will be granted 70% of that. The inheritance share percentage increases by 10% every five years until it reaches up to 70%. If an elderly surviving spouse acquires 70 percent of the deceased’s estate, his/her living standard will be maintained. Therefore, I think this has an upper hand in terms of legal stability and fairness over the previously proposed measures (such as a proposal by a surviving spouse to split property on a deceased’s estate or increase the portion of surviving spouse inheritance).

Assets Position in Mixed Marriage Reviewed from Law No. 16 of 2019

The purpose of this study is to determine the position of marital property in mixed marriages in terms of the provisions of the Marriage Law NO. 16 of 2019, and what are the provisions of the marital property of a foreign citizen who marries in Indonesia with an Indonesian citizen. The results of the study indicate that property acquired during marriage becomes joint property, but the law does not distinguish what kinds of property can be qualified as joint property. The provisions on assets in mixed marriages with different nationalities, namely between a foreign citizen and an Indonesian citizen, are regulated according to the law in force in Indonesia. Likewise, regarding joint assets obtained by husband and wife in marriages of different nationalities.