Land split between conjoints and former conjoints
Objective. The aim of the article is to consider the issue of land split between conjoints which is still very relevant nowadays. As a rule, divorce is always accompanied by a dispute over the division of conjoints' marital property. It happens quite frequently when conjoints and former conjoints decide this question without legal proceedings. However, family law legislation does not connect the possibility of marital property division with the divorce. Therefore, it can be done both during the marriage and after its dissolution. Methods. The methodology of work is based on the use of common methods of legal science: analysis of conflict of laws, comparison of land and family law legislation. Results. The author shows that acquiring the property in marriage, conjoints often acquire land for gardening and individual housing construction, which are to be divided in the case of a dispute. Besides, the need to divide the land and the house occurs when they are in shared ownership or conjoints' common property. In some cases the land under dispute is given to one of the conjoints free of charge and even before marriage, but the registration of property rights is made during marriage. Or vice versa, the land is acquired during marriage, but the registration of property rights is made after the termination of marriage. Conclusion. In conclusion, the article describes some features of jointly acquired property - the land split. The author analyzes enforcement practices, identifies gaps and legal doctrine. Moreover, the author shows and describes some features of the land split and the rights to it between conjoints and former conjoints. Special attention is given to the issue of establishing a limitation period for the division of former conjoints' property. It is proved that the actual purchase of the land during marriage without its proper registration violates rights and lawful interests of one of the conjoints in the case of property division.