Bintang Nur Rohman, Vina Durrotul Mukhoyyaroh, Adelia Arnanda Arifin
Mixed marriages, where spouses belong to different legal and cultural backgrounds, pose unique challenges regarding the ownership status and management of assets acquired during the course of the marriage. This paper examines the complex legal and financial considerations surrounding the ownership status of assets in mixed marriages, particularly in contexts where divergent legal systems govern property rights. Through a comparative analysis of relevant legal frameworks, including civil law, common law, and Islamic law, this study explores the implications of mixed marriages on asset ownership, management, and distribution. It delves into issues such as community property regimes, prenuptial agreements, and inheritance laws, considering how these factors influence the disposition of assets during the marriage and upon dissolution. Additionally, this paper investigates the role of cultural norms, societal expectations, and individual preferences in shaping the ownership dynamics within mixed marriages. By examining case studies and legal precedents, this study aims to elucidate the complexities inherent in navigating asset ownership in mixed marriages and to offer insights into potential strategies for addressing these challenges. The findings of this research contribute to the broader discourse on family law and international private law, providing guidance for policymakers, legal practitioners, and individuals involved in mixed marriages seeking to clarify and protect their respective property rights. © 2022, Universitas Negeri Semarang. All rights reserved.
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia
