Peculiarities of Proof in Cases of Division of Joint Marital Property

Abstract

The division of the joint property of spouses is always a relevant issue, which has many aspects depending on the type of property to be divided, the method and procedure for division, the features of recognising the property as joint property in the event of its registration under one of the spouses. It is worth noting that the spouses can choose the method of dividing the joint property by concluding a corresponding agreement and its notarial certification. However, this option is possible only if there is no dispute between the spouses. In the event of a dispute about the division of the joint property of the spouses, such a dispute can only be resolved in court. Our study will cover the features of proving the division of certain types of joint property of the spouses. Thus, with developing scientific and technological progress, social networks, and artificial intelligence, new types of civil legal relations appear and, accordingly, new objects of civil ties, which, among other things, can be objects of the right of joint property of the spouses. We will consider the features of the division: credit obligations for loans paid during the marriage, concluded by one of the spouses before the marriage, a car, and real estate that is not registered in the manner prescribed by law. It is also worth noting that dividing the joint property of spouses is always relevant, given the variability of the legal positions of the Supreme Court regarding the division of individual objects of joint property of spouses, which will be discussed in our study. The study object is peculiarities of presenting evidence in cases of division of joint property of spouses, namely, the features of division: credit obligations under loans paid during marriage, concluded by one of the spouses before marriage, a car, real estate that is not registered in the manner prescribed by law will be the object of our study. The study aims to analyse the features of presenting evidence in cases of division of joint property of spouses using the example of individual objects of its division. The task of our study: to determine what evidence is appropriate, admissible, reliable and sufficient for the division of credit obligations under loans paid during marriage, concluded by one of the spouses before marriage, a car, real estate that is not registered in the manner prescribed by law, considering the requirements of procedural legislation and current judicial practice. The methodological basis of the conducted study was general scientific and unique legal methods of cognition. The issue of the specifics of proof in cases of division of joint property of spouses, namely – credit obligations for loans paid during the marriage, concluded by one of the spouses before the marriage, a car, real estate that is not registered in the manner prescribed by law, is poorly studied from a scientific point of view. Regulatory legal acts and judicial practice cover most aspects that reveal this issue. The author concludes that the norms of family law establish the principle of equality of rights and obligations of spouses, in particular, equality of rights in the case of division of marital property and declaration of such division in equal shares. At the same time, based on the principles of reasonableness and justice and to effectively protect the rights of each spouse, modern judicial practice offers us specific options for dividing individual objects of the right of joint property of spouses. The features of the division of credit obligations for loans paid during marriage, concluded by one of the spouses before marriage, a car, or real estate that is not registered in the manner prescribed by law, which we have analysed, give grounds to conclude that the proposed methods of division are effective and aimed at ensuring the interests of each spouse.