STATUS HARTA BERSAMA DALAM KELUARGA MENURUT HUKUM POSITIF

Abstract

Results of the study on the topic of discussion in this paper, would like to
see on the legal provisions of the property acquired and owned by a family,
whether such property during the status of husband and wife within the bonds of
marriage and the status of their property after divorce. From the research status in
the family property, known as joint property, in addition to joint property there is
also an innate property respectively, of such property acquired before their
marriage ceremony. The legal status of the property together before they divorced
can only be defined as confiscation only for the sake of the family, and the
property can still be bought and sold with the permission of the Religious Court.
In the case of the occurrence of divorce between spouses, the status of joint
property under the provisions of the law should be separated between the private
property of each and belong together. After separation of the property, then
belonging to the joint property, distributed to the parties, which each earn half of
the joint property, the division either consensus or division by the local religious
court.