The legal regime of spouses' ownership is defined in Art. 33, paragraph 1 of the IC. It is valid unless otherwise provided in the marriage contract. Next, we consider in more detail the right of ownership of the spouses. 
General information
In Art. 34, p. 1 it is determined that the joint property of spouses acquired during marriage, which is concluded in the manner prescribed by law. According to the norms, it is non-share. Shares are determined only if the division of property of the spouses is carried out.
Legal possibilities of husband and wife
Each spouse has an equal right to dispose, use and own property acquired in a marriage, regardless of whose name it was received or money was contributed to. It does not matter who the supporting documents are issued to. This position is fixed in Art. 35 SK. It should be noted that such an important point is that in a controversial situation, none of the spouses is obliged to confirm the fact of community of property, if it was acquired during marriage. This is due to Art. 34, paragraph 1. The right to common property the spouse who had housekeeping during the marriage, took care of the children, or for other objective reasons (study, illness, etc.) did not have the opportunity to earn income on his own. This norm, contained in paragraph 3, Art. 34, is mainly aimed at protecting the interests of unemployed women. In accordance with secured in Art. 31 SC, the principle of equality in the family of spouses their work is considered the same as a working husband. 
Types of objects
Under paragraph 2 of Art. 34 joint property of spouses may be represented as:
- Income from labor or commercial activity, intellectual work.
- Pensions, benefits and other cash payments that do not have a special purpose. Amounts paid as material assistance, compensation for damage resulting from loss of ability to work due to injury or other damage, and other similar payments shall be attributed to everyone's personal property.
- Acquired from the total income of securities, deposits, shares, shares in capital, deductions to credit organizations and other commercial institutions.
- Received on joint funds immovable and movable things. These include non-residential and residential buildings, furniture, transport, household appliances, land and more.
- Any other material assets acquired during marriage.
This list provided in the law is not considered exhaustive. Nevertheless, it makes it possible to understand what the joint property of the spouses can be. 
Main signs
For material values to be considered joint property, certain conditions must be met. First of all, it should be said that any movable and immovable objects that are not withdrawn from circulation, the cost and quantity of which are not limited, can be common, except for cases specified in Art. 213 Civil Code. The joint property of the spouses is considered such if:
- Acquired from common funds during marriage.
- It came into possession during the marriage of gratuitous transactions.
Jointly acquired property
The term, which is given in Art. 34, is rather ambiguous. The jointly acquired property in this case covers not only the objects themselves, but also those legal opportunities that the husband and wife have regarding them.It should be noted that in the literature a different opinion is expressed on the inclusion of obligations of a material nature (debts) in the general values. From the point of view of some authors, joint ownership should include not only the rights of claim (the ability to receive insurance compensation, dividends, and so on). It should also include obligations, debts (repayment under a loan agreement, if it was concluded in the interests of the family, payment of repairs under the contract, and so on). Other authors oppose this approach. They believe that joint property of spouses should not include debts. However, the first position is consistent with the rule present in Art. 39, p. 3 SK. In accordance with the provisions of the norm, the division of property during a divorce includes the distribution of total debts between ex-husband and wife in proportion to shares. This fact indirectly confirms the assignment of obligations as part of common values. 
Inclusion of salary in family income
The establishment of the moment from which the remuneration of each spouse becomes common property is of practical importance. There are three opinions on this issue in the legal literature. So, the salary acts as a joint property of the spouses from the moment of:
- Transfers to the family budget.
- Accruals.
- Actual receipt of funds.
Given that under Art. 34, paragraph 2, the joint property of the spouses includes benefits, pensions and other payments that do not have a special purpose, the above rule can be attributed to other income, for which the law does not contain such requirements.
Important point
It should be noted that the basis for the emergence of joint ownership is exclusively marriage, which is concluded in accordance with the law. It must be issued by the registry office. Actual relations of a man and a woman without registration, regardless of their duration, do not form the indicated legal relations. In this case, the regulations will not be the provisions of the Family Code, but the Civil Code. The division of property of spouses who are not officially married is carried out in accordance with the provisions of Art. 252 GK. Moreover, the process takes into account the degree of participation by labor and means of these persons in the acquisition of values. 
Section of property of spouses
The grounds and procedure for this procedure are established in Art. 38 SK. According to paragraph 1, the division of property may be carried out at the request of one of the spouses. It is also allowed in the event that the creditor asks to foreclose on someone else's share. This usually happens when the personal property of a wife or husband is not enough to cover debts.
Key premises
Most often, there is a division of property during a divorce. However, the procedure is possible and allowed by law and during marriage. In this regard, the court cannot refuse the claim on the grounds that the union between the husband and wife has not yet been terminated. The need to carry out the division of property may also arise at the death of one of the spouses to allocate the share of the deceased, which is inherited.
Allocation of shares
Joint property may be divided by voluntary agreement between the spouses. The shares are recognized equal by law, unless otherwise specified in the contract between the husband and wife. Spouses, by agreement, can divide property into equal parts, or in a different proportion. At their request, the contract can be certified by a notary. He, in turn, has the right to issue a husband or wife a certificate of ownership of the share, if the spouses do not want to specifically fix certain objects or other values. 
Controversial cases
If the spouses have not reached a mutual agreement on the division of property, the issue is decided in court. It should be noted that when a husband or wife files a lawsuit, the judge has the right to take measures to secure the application. They are allowed at any stage of the proceedings. The measures of support, in particular, should include:
- Prohibition of the transfer of property.
- Fulfillment of certain obligations.
- Seizure of property or money belonging to the defendant, held either by him or by third parties.
- Prohibition to carry out any actions and so on.
In some cases, several security measures may be applied at once. A decision on their adoption is immediately implemented.
Limitation period
It is established by Art. 38, in paragraph 7. According to the provisions, the statute of limitations of three years applies to the requirements for the division of property of already divorced spouses. The calculation of this period does not start from the moment the marriage was dissolved. It starts from the date when the ex-wife / husband found out (or should have known) about the violation of their rights to common property. 
Court Objectives
When considering a dispute regarding the division of property, it is first necessary to establish the value of the shares of the wife / husband. The solution to this issue is regulated by Art. 39 SK. It establishes the principle of equality of parts in the common property. This rule applies regardless of the volume and quantity of material assets acquired during the marriage. In some cases, however, the court has the right to depart from this requirement by increasing the share of one of the spouses. This occurs in cases where the resolution of the issue concerns the interest of minor children who, after the termination of the union, remain with the husband or wife.
