Who of the Spouses is the Owner of Property acquired during their Marriage

Article 26 of the RA Family Code provides that the relations connected to the common shared property of spouses are regulated by the Civic Code, as well as the marriage contract concluded between spouses.

Pursuant to Article 201 of the RA Civil Code:

1. The property acquired by spouses in the course of marriage is their joint ownership, unless otherwise provided for by law or by the contract between them.

2. The property of each spouse belonging thereto before marriage, as well as the property received by one of the spouses as a gift or succession in the course of marriage shall be his or her ownership.

3. Personal use property (clothing, footwear, etc.), except for jewellery and luxury items, shall be considered to be the ownership of the spouse who has used that property, even when it has been acquired at the expenses of common funds of spouses in the course of marriage.

4. The property of each spouse may be recognised as their joint ownership where it is established that contributions at the expense of common property or personal property of the other spouse have been made in the course of marriage, which have significantly increased the value of that property (capital repair, reconstruction, re-equipment, etc.), unless otherwise provided for by a contract concluded between the spouses.

5. The property under the ownership of one of the spouses may be levied in execution for his or her obligations, as well as on his or her share in common property of the spouses.

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