The key facts

  • Property acquired during marriage is by default considered the joint shared property of the spouses (Article 23 of the Family Code).
  • A mortgaged apartment does not become the personal property of the spouse in whose name it is registered, unless otherwise provided by a marriage contract or law.
  • The clarification was issued by the Family and Gender Research Institute.

What the Institute's Lawyers Clarified

The division of mortgaged housing and the loan in a divorce is one of the most painful issues for families. The Family and Gender Research Institute published a clarification on how Uzbek legislation protects the rights of spouses in such a situation.

Joint Ownership Regardless of Registration

According to Article 23 of the Family Code of the Republic of Uzbekistan, property acquired during the marriage is considered the joint shared property of the spouses unless a different procedure is established by law or a marriage contract. This means that an apartment bought with a mortgage during the marriage does not turn into the personal property of the spouse in whose name it is formally registered.

What This Means in Practice

The clarification indicates that, by default, the regime of joint ownership applies, and it can be changed by a marriage contract or another procedure provided by law. The Institute did not provide details in the clarification on how exactly the remaining loan and the share of housing are distributed in specific disputes — these issues are resolved on an individual basis.