Problematic aspects of judicial practice regarding an effective method of protecting the rights of one of the spouses who considers himself a co-owner of a construction project

The scientific article considers the issues of the division of matrimonial property, in particular one of the spouses who considers himself a co-owner of a construction project. The legal nature of an effective method of protecting the violated rights of one of the spouses who considers himself a co-owner of a construction object is analyzed. It is established that the issue of an effective method of protection when analyzing the issues of joint joint property of spouses still remains debatable from the point of view of judicial practice. It is established that it is in the judicial practice of Ukraine that there is a confusion of the concept of effectiveness and appropriateness of methods of protecting violated rights, which leads to the fact that a person whose right has been violated cannot protect it in the very way that he considers effective. It has been proven that in disputes regarding the division of marital property, depending on the specific circumstances of the case, the method of protecting the violated right is effective if, on the basis of a court decision, the plaintiff can actually acquire the property as a full owner with all the powers to own, use and dispose of such property, or can register his real right to real estate in accordance with current legislation, if such a court decision is real to be executed and does not contradict the understanding of Article 316 of the Civil Code of Ukraine, that the right of ownership is the right of a person to a thing (property), which he exercises in accordance with the law at his own will, regardless of the will of other persons. It is noted that the court decisions analyzed in the article indicate the possibility of registering and acquiring by a person who considers himself a co-owner of a real estate object the relevant rights to divide the real estate object by a court decision in the event of choosing a method of protecting the violated rights taking into account the degree of readiness of the object, namely the unfinished construction object. It is concluded that an effective way to protect the rights of one of the spouses who considers himself a co-owner of a construction object should be considered a method according to which the person will independently have the opportunity to register and acquire rights and obligations regarding the «shared» real estate object.