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Type of publication: research article
Type of publication (PDB): Straipsnis kitose duomenų bazėse / Article in other databases (S4)
Field of Science: Teisė / Law (S001)
Author(s): Grigienė, Jurgita;Čerka, Paulius;Štuikytė-Skužinskienė, Milda
Title: Unequal contributions: problems within the division of shares in joint community property
Is part of: Baltic journal of law & politics [elektroninis išteklius]. Kaunas ; Berlin : Vytautas Magnus university ; Sciendo, 2020, vol. 13, iss. 1
Extent: p. 24–50
Date: 2020
Keywords: Joint community property;Division of joint community property;Equal shares in joint community property;Matrimonial property
Abstract: Marriage influences the economic rights of spouses when joint community property is created. When a marriage is dissolved, joint community property has to be divided. Each country sets different rules about how joint community property should be divided between spouses. Lithuania has chosen the presumption of equal shares in joint community property. Courts may depart from equal shares of spouses because of such important circumstances as interests of children, health state of a spouse, and personal income used to increase joint community property. However, courts have never departed from the equal shares principle due to differing contributions by spouses to matrimonial property. Meanwhile, other countries take into account contribution of spouses in order to divide property fairly and to protect the interests of the spouse who has contributed significantly to joint property, if the marriage was brief and the marriage produced no children. The impossibility to depart from equal shares to different contribution of spouses could increase the misuse of the institution of marriage and the unjust division of joint community property when the spouse who has not contributed to joint community property receives an equal share of it
Affiliation(s): Privatinės teisės katedra
Teisės fakultetas
Vytauto Didžiojo universitetas
Appears in Collections:Baltic Journal of Law & Politics, 2020, vol. 13, iss. 1
Universiteto mokslo publikacijos / University Research Publications

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