This article deals with the issues of legal regulation of such a legal institution as the common property of spouses. Based on the analysis of normative acts, the author compares common joint and shared ownership. The article concludes that the main problems associated with the common property of the spouses are related to the moment of division of that property, which occurs mainly during the divorce period. The author concludes that it is much easier to claim your share of the property, including from third parties, while married or during a divorce, than to claim the thing after the dissolution of the marriage, especially from a bona fide acquirer. The article considers the differences in the ways of protecting their rights by a bona fide spouse, depending on what kind of property we are talking about – movable or immovable.