FEATURESOFDEVIDING SPOUSES’ COMMUNITYDEBT

Abstract

In the paperaddresses one of the pressing issues of private law relations – features of dividing debt within marital property. The author focuses on the general dispositive aspects in the regulation of spouses’property relations, which gives them the right and makes it appropriate to regulate the main issues of formation and termination, including the division of the common property, by entering into a marriage contract. With regard to the situation of a dispute about the property division, the author highlights a number of practical issues. The research proposes mechanisms for protecting the rights of bona fide spouse in the division of common passive obligations.

Keywords

• community property
• spouses’ community debts
• marriage contract
• division of marital property
• spouses’ property
• personal commitment of the spouses