Annotation

This article provides a comprehensive analysis of the transformation of judicial practice in cases concerning the division of marital property. The classical principle of equal shares, enshrined in the Family Code of the Russian Federation, is undergoing significant changes under the influence of the legal positions of the Supreme Court of the Russian Federation. The author examines the transition from a formal criterion (the time of property acquisition during marriage) to a substantive one (establishing the actual source of financing for the purchase). Using specific examples of court cases (Definitions of the Supreme Court of the Russian Federation No. 78-KG19-63, No. 41-KG20-10-K4, No. 57-KG24-1-K1, etc.), the author demonstrates how the burden of proving a common source of funds falls on the spouse claiming a share in the property. The legal risks for the socially vulnerable party, whose contribution to the well-being of the family was non-material, are analyzed. The article examines traditional grounds for deviating from the principle of equal shares, as well as the prenuptial agreement as an alternative instrument for regulating property relations. The conclusion formulates findings and proposes measures to protect the rights of spouses without independent income.