Lessons 5 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
5
Property rights and duties of spouses
Textbook: pp. 23–26
GoalDistinguish spouses’ common property from each one’s personal property and explain how common property is owned, divided and shared.
New words
common joint property of spouses acquired during marriage · Umumiy birgalikdagi mulkproperty of one spouse alone · Shaxsiy mulklimitation period for bringing a claim · Da’vo muddaticertification by a notary · Notarial tasdiqlash
Explanation
Property acquired by the spouses during marriage — a house, car or savings bought from earnings, business or intellectual activity, pensions and benefits — is their common joint property unless the marriage contract provides otherwise. It may be common regardless of whose name it is registered in, and a spouse who earned nothing because of housework or childcare has equal rights. Property owned before the marriage, items received during the marriage as a gift or inheritance, and items for personal use (clothing, shoes) are personal property. Common property may be divided during the marriage or after divorce: an agreement is certified by a notary and a dispute is settled by a court; without a contract the shares are equal, and the limitation period for a divorced spouse’s claim to divide property is three years. Items bought for children’s needs are not divided and go with the parent the children live with, and deposits in the children’s names are not counted in the division.
Worked examples
Common property: Nargiza and Bobur bought a flat during the marriage with money Bobur earned, and the title is in his name. Even though Nargiza stays at home with the children, the flat is the joint property of both.
Personal property: Dilshod keeps the flat bought before the marriage even after divorce. What he inherited from his grandfather during the marriage is also his alone, but if both spouses spent large sums on major renovation, a court may recognise it as common.
Class activity
“Whose is it?” card game: the teacher shows cards (a flat bought before marriage, an inheritance, a car bought from salary, children’s clothes); groups answer “common”, “personal” or “not divided”.
Practice
1
Which of these is the spouses’ common property: a house bought before marriage, a car bought from salary during marriage, inherited land?
The car bought from salary during the marriage.
2
How are shares determined when common property is divided?
Unless the marriage contract says otherwise, the shares are considered equal.
3
Within what period can divorced spouses go to court to divide common property?
The limitation period is three years.
4
Why does a wife who has no income because of housework also have an equal share of the common property? Justify.
Because housework and childcare are also a contribution to the family; the law recognises the equality of spouses.