Joint marital property: an ideal framework or a conflict of interests?

Abstract

The legal framework for joint marital property, instituted during the Soviet period, has remained practically unchanged to this day. We consider that at the present stage there has arisen not only a need for a systematic and comprehensive study of joint property relations, but also for a reassessment of the approaches to their legal regulation. This can be attributed to several factors. Firstly, the very conception of the institutions of marriage and family is changing in our society (as demonstrated, for example, by the rising public interest in de facto marital relationships). Secondly, transformations are taking place in property relations as well (with new types of property emerging, the nature of which is not fully clear; an increasing number of family businesses are being established, whose stability is of considerable importance to the state; sources of income other than labour are appearing, etc.). Thirdly, the current framework for the legal regulation of marital property relations was originally established in economic and social circumstances that differ markedly from those of the present day. An increasing number of publications emphasize the need to bring this model up to date. In this regard, legal experts have strongly criticized the statutory general regime of joint marital property and proposed its replacement with a system of separate property for spouses. This, they argue, would provide a genuine guarantee for the protection of spouses’ property rights and interests in the event of divorce or family property disputes, while also contributing to the strengthening of marital bonds. The aim of this article is to show that the contemporary legal framework governing marital property relations is rooted in a tension between joint and private interests. It may be assumed that a return to traditional family values and improvement in the demographic situation are attainable in those instances and contexts in which individuals maintain a clear outlook on the future, which includes their personal well-being. Accordingly, the state must aim to establish such conditions that would unlock the economic and productive capacities of both the individual and the family, and to construct a legal regime governing joint marital property in which the contradiction between joint and private interests is reduced to a minimum.