Problematic aspects of the division of the common property of the spouses in court and ways to overcome them

Purpose: To identify gaps in the legislative regulation of the relations of spouses on the division of common property in divorce, as well as to consider the issues of improving legislation of property relations of spouses. Methodology: Historical, dialectical, systemic, comparative-legal, formal-legal methods, analysis, and synthesis. Results: An important change is the introduction of such a concept as a complex of common property of the spouses, which will include both assets and liabilities of the spouses. So, it will be possible to file a claim immediately about the entire property and not separate claims for each type of property and debt. The provisions on the division of property during bankruptcy, on the division of credit debts and business assets should be provided for in the Family Code. Novelty/originality/value: The conducted research not only identifies the existing gaps but also explains how to update the current norms of Russian legislation. It is impossible to say that the legislation of family law is outdated. Nevertheless, relations in society are developing and becoming more complicated every year. The current family legislation needs reforming. However, research on these issues reduced to considering the provisions contained in various Decisions and Rulings of the Supreme Court. The article has a high scientific value, since it is one of the first attempts to develop recommendations on reforming family legislation in Russia based on the established judicial practice, explanations of the Supreme Court of the Russian Federation, as well as foreign practice, which will bring certainty to the situation of spouses during divorce, will allow creating a uniform judicial practice and reduce the burden on the judicial system.