Problems of Recognizing Spouses' Property as their Personal Property

Abstract

The division of the spouses' property is one of the most pressing problems arising in law enforcement practice when resolving cases related to family legal relations. Special attention should be paid to the problems caused by the establishment of the legal regime of those incomes received by one of the spouses during marriage from the use of his personal property, which is not the joint property of the spouses. Even though these problematic issues have repeatedly become the subject of theoretical research, law enforcement practice continues to remain ambiguous, and in this regard, the application of civil and family law norms contradict each other. One of such issues is the question of determining the legal regime of income that one of the spouses receives during marriage, because of the use of his personal (separate) property, if we are talking about participation in the authorized capital of legal entities.