Enforcement Proceedings on Marital Property: Current Case Law
Keywords:
real estate, right to housing , marriage contract, deprivation of parental rights, alimony, legal protection of children, establishment of parentage, parents, child, family, civil justice, adults, adoption, dismissal, discrimination, judicial control, seizure of property and/or funds, court judgment, enforcement of a claim, court decision, inter-branch relations, executive process, civil process, martial lawAbstract
Marital property is a special construction in property law, which distinguishes it from others by its basis, nature, subjects, and peculiarities of the implementation of subjective civil property rights. Foreclosure on property that is jointly owned by spouses as a measure to enforce decisions is among the most common and problematic, which leads to an appeal to the court to challenge the actions of the executors, as well as the determination of the share in joint property, which belongs exclusively to the court' s jurisdiction. An overview of the current judicial practice regarding the understanding of joint ownership of spouses for the needs of executive proceedings, including the application of the presumption of joint ownership of spouses and equality of ownership shares, is provided. In the presence of various instruments for determining the share in the joint property of the spouses, the positions of the Supreme Court are given regarding the procedural form and powers of the executor to determine the share in the joint property of the spouses, in particular, the authority of the executor to determine the share of the debtor' s property in the property that he owns jointly with other persons in the proceedings regarding the resolution of procedural issues related to the execution or in action proceedings. Judicial positions are given regarding the moment of acquisition of ownership of real property in the context of foreclosure on a share, features of foreclosure on a share in joint movable indivisible property, recognition of property as an object of the right of joint co-ownership in the event of a significant increase in value, the potential possibility of application in executive proceedings the legal consequences of the emergence of joint co-ownership in the case of a live-in relationship.
Цивільний та виконавчий процес: міжгалузеві зв’язки. Особливості розгляду судами певних категорій справ та виконання судових рішень. Монографія
