The concept and legal nature of the distribution of marital property

In the scientific article, the author conducted a scientific study of the concept and legal nature of the division of marital property. Based on the conducted research, the author came to the conclusion that the division of the property of the spouses is a change in the legal regime of the joint property of the spouses, which consists in the transfer: to the private property of each of the spouses, all or part of the property that was jointly co-owned (the actual division of the joint property), property from joint ownership to joint partial ownership in connection with the determination of shares in the property of each spouse (formal division of joint property), part of the property to one of the spouses into private ownership with preservation of the regime of joint co-ownership or joint partial ownership of the remaining property (separation of joint property), all or part of the property by its alienation (distribution of the joint property of the spouses by alienation), in such a case the money received or other property obtained as a result of the alienation is actually subject to distribution. The legal nature of the distribution of joint property of spouses is as follows: its implementation through the application of one or more methods of termination of the right of joint co-ownership of such property (division of property in kind, awarding of property to one of the spouses with the payment of appropriate monetary compensation to the other spouse in the event of division of indivisible property, determination of shares in property of each spouse, division of property, alienation of joint property of spouses with distribution of funds or other property received as a result); contractual or judicial procedure for its implementation with the priority of the first, provided there is no dispute between the spouses; the legal result is a change in the legal regime of the property (termination of the legal regime of community property or transition from the regime of joint co-ownership to joint partial ownership); is based on the principles of: equality of property rights of spouses, exclusion of personal private property from distribution, presumption of division of property of spouses in kind.