Division of property of spouses

Among the most common questions that arise after the spouses make a decision to dissolve the marriage, are the following questions:

• what property will I own after termination and is it personal or joint property?
• what is the procedure for the division of property?
• is the property subject to division by a court decision?
• what are the methods of division of property?
• what to do with children when dividing property?
• what to do if there are loans and debts?
• how to divide the business in case of divorce?
• how to divide property if the marriage was not registered?

Having significant experience in matters of divorce and division of property of spouses, we will help you to understand and make the right decision.

In Ukraine, family property exists in two legal regimes: joint property of the spouses and the property right of each of the spouses. Exclusively joint property of the spouses is subject to division between the spouses, in particular upon divorce.

Joint ownership is the property of two or more persons without determining the shares of each of them in the ownership right, while in the common shared ownership the shares of each co-owner are determined.

The property acquired by the spouses during the marriage belongs to the spouses on the basis of joint ownership, regardless of the fact that one of them did not have independent earnings (income).

The most important thing in this matter is whether the property was acquired during the marriage and whether it was acquired for the joint money of the spouses. If the money was earned before marriage, and an apartment was bought for it, then in the event of a divorce, it can be recognized in court as the property of one of the spouses.

In this case, you definitely need a lawyer who can collect all the necessary evidence and protect your interests.

The property of one of the spouses is:

• property acquired before the marriage;
• property acquired during the marriage, but on the basis of a gift agreement or by way of inheritance;
• property acquired during the marriage, but for money that belonged to her/him personally;
• dwelling place acquired during marriage as a result of privatization in accordance with the Law of Ukraine "On privatization of state housing stock";
• land plot acquired during marriage through free privatization;
• personal items, including jewelry, even when they were acquired at the expense of the spouses' common funds;
• money received as compensation for the loss (damage) of a thing that belonged to her/him, as well as money received as compensation for moral damage caused to him/her;
• the sums insured received by her/him for compulsory personal insurance, as well as for voluntary personal insurance, if insurance premiums were paid at the expense of funds that were the property of one of the spouses;
• awards, awards that she/he received for personal merit.

 

Property division

Divorce does not automatically terminate the spouses' joint property rights. Disposal of the joint property after divorce is carried out by mutual consent of the “former” spouse, therefore, the property can be divided during the marriage, in the process of its dissolution, as well as after the dissolution of marriage. The division of the spouses' property can be carried out on a voluntary or judicial basis. The agreement on the division of a residential building, apartment, other immovable property, as well as the allocation of immovable property to the wife, husband from the entire property of the spouses is notarized.

Important! The limitation period for filing a statement of claim for the division of jointly acquired property after a divorce is set at three years.

The limitation period does not apply to the statement of claim for divorce.

If the spouses cannot voluntarily divide the property, it is necessary to go to court. In the process of division of property in a judicial proceeding, the assistance of a lawyer is even more necessary. As practice shows, it is often necessary:

• to seize property and money belonging to or subject to transfer or payment by the defendant and are with him or with other persons;
• impose a ban on the implementation of certain actions;
• impose locked on third parties to take action on the subject of the dispute.

It is difficult to do this without special knowledge in the field of law.

Methods for the division of property:

• making a decision by the court on the division of property in kind. This method is used if things can be divided without losing their intended purpose. Indivisible things are awarded to one of the spouses unless otherwise specified by an agreement between them.
• a court ruling on the award of property to one of the spouses with the imposition of an obligation on him to compensate the other spouse for the cost of his share in this property.

The award of such compensation is subject to several conditions:

• consent of the parties;
• preliminary payment by the other spouse of the corresponding sum of money to the deposit account of the court;
• making court decisions on the division of things between the spouses, taking into account their value and the share of each spouse in the joint property.

How to divide property if there are children in the family?

Children do not acquire ownership of the property acquired in the family, but the court still takes into account the interests of the children when dividing the property.

By the decision of the court, the share of the wife/husband's property can also be increased if children live with her/him, as well as an incapacitated adult son or daughter, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development and treatment .

How to deal with loans and debts when dividing property?

In accordance with the norms of the current legislation, the division of debts is carried out in half, like property.

Divorce and partition of business section

In its decision, the Supreme Court drew attention to the fact that monetary funds or other property contributed by one of the spouses who is a member of a business company to the authorized capital at the expense of their joint funds and property become the property of the company, and the other spouse has the right of ownership of the property is transformed into the right to claim half the value of the contributed property in the event of division of the spouse's property or the right to claim half of the income received from the activities of the enterprise, while the shares, unambiguously, are divided in half.

The property of an individual entrepreneur is considered the joint property of the spouses, like other property acquired during the marriage, provided that it was acquired at the expense of money belonging to the spouses.

Division of property in unregistered marriage

In accordance with Article 74 of the Family Code of Ukraine, if the wife and husband live in one family, but are not married to each other or in any other marriage, the property acquired by them during their cohabitation belongs to them on the basis of joint ownership, unless otherwise established a written agreement between them.

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