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Unequal Contributions: Problems within the Division of Shares in Joint Community Property Cover

Unequal Contributions: Problems within the Division of Shares in Joint Community Property

Open Access
|Oct 2020

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.

Language: English
Page range: 24 - 50
Submitted on: Aug 19, 2019
Accepted on: Jul 14, 2020
Published on: Oct 23, 2020
Published by: Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2020 Jurgita Grigienė, Paulius Čerka, Milda Štuikytė-Skužinskienė, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.