Determining the spouses' share of the common property
According to the requirements of the law, as a general rule, the shares of spouses are recognized as equal. However, there are cases when they apply to the courts with claims for determining the spouses' share in common property, which are established by law and are not disputed by the defendant. That is, in this case, the parties ask the court to establish what is already provided for by law, and, as a rule, is not disputed by the defendant. Consequently, the parties have no dispute on this issue. In such situations, the courts of first instance reasonably refuse to satisfy the applications.
In practice, the question arose about the possibility of dividing an unfinished house acquired during marriage. One of the decisions refused to divide the newly built house, because it has not been commissioned and ownership of it as a residential building has not arisen, in other cases, the house is divided taking into account the degree of readiness, as an unfinished construction. The latter option should be considered correct.
The total debts of the spouses (for example, a loan from a commercial bank for the needs of the family) and the rights of claim (for example, under a loan agreement, securities - shares, bonds, promissory notes) are distributed by the court between the spouses in proportion to the shares awarded to them.
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