Former spouses’ disposal of the property in their joint ownership

Abstract

Property acquired during the matrimony becomes the spouses’ joint ownership. That means, in particular, that is one of the spouses decides to dispose of a joint real estate, he/she is entitled to such a transaction only with the consent of another spouse which shall be certified by a notary. What happens after the dissolution of marriage? Which legal rules shall be applicable to the relations of former spouses as regards to the property acquired during the matrimony? In present there are two approaches to this matter. Some scholars support the application of the Family Code of the Russian Federation, while others insist that the Civil Code of the Russian Federation should apply. The lack of a common approach to the interpretation of legal rules leads to the negative consequences in law enforcement practice.

Keywords:

Joint ownership, dissolution of marriage, former spouses, consent certified by a notary, counterparty to the transaction