Legal Regulation of Division of Common Spouses’ Property in Russian Law

The division of the common property of spouses is a set of legal rules governing the procedure and conditions for the termination of the regime of common joint property of spouses and the transfer of individually defined objects to the ownership of each. The diversity and dynamism of legal relations in the division of the common property of spouses, their gradual complication raises many theoretical and practical problems. The legal regulation of relations between spouses regarding the division of property and obligations is incomplete and inconsistent, judicial practice is not unambiguous, and the conclusions of the courts are not always sufficiently substantiated. The indicated shortcomings of the legislation and law enforcement practice are analyzed in the work, options for solving these problems by changing the norms of the Family and Civil Codes of the Russian Federation, as well as changing judicial practice on the issues under study are proposed. The study analyzes the legal relations of spouses (former spouses) that develop in the process of sharing common property of spouses. In the work, the author relies on relevant scientific research on this topic, as well as on the materials of judicial practice 2017-2020 years. The study of questions about the rules and principles of the division of the common property of spouses, on the voluntary and judicial procedure for the division of the common property is carried out taking into account changes in existing legislation currently being considered by the State Duma of the Russian Federation. It is concluded that these changes are insufficient to resolve disputes and gaps in the legislation identified during the study. The work also analyzes the relationship between the division of real estate and shares in the authorized capital of business entities.