PROSPECTS FOR IMPROVING MECHANISMS FOR IMPLEMENTING THE RIGHT TO JOINT OWNERSHIP

Abstract

The article is devoted to the peculiarities of the implementation of the right of joint property ownership, which is a relevant issue in modern civil and family law. The key provisions of the Family Code of Ukraine are considered, which define what things belong to joint property ownership, and the rights that arise during divorce are analyzed. In particular, emphasis is placed on the presumption of the right to joint property ownership of the spouses, which does not require proof or the establishment of other circumstances, except for the acquisition of property during the marriage. This legal provision ensures the equality of spouses in disposing of and using joint property. This presumption applies to the entire scope of the property rights of spouses, which they exercise by mutual consent and exclusively in the interests of the family. In this regard, the peculiarities of the legal regime of such property are considered, including the conditions for its distribution in case of termination of marital relations. The article highlights various legal aspects of the disposal of joint property ownership of spouses, as well as issues of its succession. The main focus is on the practical experience of allocating a share from joint property after the death of one of the spouses, including the peculiarities of inheritance of such property. The situations when inheritance occurs in the presence of a will and cases when there is no will and the inheritance is distributed according to the norms of current legislation are examined in detail. In practice, difficulties often arise with the alienation and inheritance of a share in joint property ownership of real estate, due to the lack of a clear legal mechanism for resolving such situations. During the lifetime of all co-owners, property disposal issues can be resolved contractually, but after the death of one of the spouses, the inheritance process usually requires judicial intervention, significantly complicating the realization of the inheritance rights of the heirs. In addition, the article separately highlights the marriage contract as one of the most effective ways of regulating the property rights and obligations of spouses both during marriage and after its dissolution. The advantages and disadvantages of using a marriage contract are considered, as well as its impact on property relations between spouses in the event of divorce. Examples of judicial practice are provided, demonstrating the importance of concluding such agreements to ensure a fair distribution of joint property and avoid potential conflicts in the future. Thus, the article provides a comprehensive analysis of the relevant legal aspects of joint property ownership of spouses, considering the peculiarities of its acquisition, distribution, and succession.