Common and personal property of spouses

Common and personal property of spouses in Ukraine

A spouse implies two types of property: common and personal. The first type assumes that the property belongs to both spouses at the same time, the second – only one of them.

One of the couple can only dispose of common things (sell, donate, lease) with the knowledge and permission of the other. Individual property can be managed solely by its owner.

The property rights of spouses are regulated by the Family Code of Ukraine. For the allocation of shares from common property, the necessary procedure for the distribution of property or the conclusion of a marriage contract.

Property means not only material things, but also money, income from intellectual activity, as well as obligations.

Property regimes of spouses in Ukraine

There are two property regimes for spouses – legal and contractual.

• The first involves joint ownership of property received after the formalization of marital relations.
• The second provides for an agreement between the spouses in the form of a marriage contract, which may determine the specifics of the ownership of the property acquired in marriage.

Legal regime in Ukraine

Knowledge of matrimonial property is legally regulated by the Family Code of Ukraine.

• It is set by default after the marriage is registered with the registry office, if the agreement between the spouses provides otherwise. The legal regime provides for the joint ownership of property acquired by any of the spouses in the process of living together.
• For this type of property relations to come into force, no special document needs to be signed, except for the consent of the couple to enter into marriage.
• The end of the legal regime of property comes after the official termination of the marriage. This means that the property received by each of the spouses after the divorce will no longer be shared. But the common property acquired in marriage remains so until the moment of its division (if the latter happens).

Treaty regime in Ukraine

This kind of property relations between spouses is highlighted in the Family Code of Ukraine. It is regulated by an agreement between a husband and wife, which is called a marriage contract (contract) and is concluded in writing with the obligatory certification of a notary.

The contractual regime is established by a document signed before the wedding or at any time after it. It can relate to both existing property and the one that the couple will have in the future.

Common property of spouses in Ukraine

In the general case, property is recognized as common for spouses after one of them (or both at once) acquires it in the process of marriage. Anything else may be due to the marriage contract.

1. Jointly acquired property includes any monetary income of each of the couple: salaries, pensions, income from entrepreneurship, benefits (except for those that have a specific purpose). This also includes all acquired or otherwise obtained. By the way, real estate, shares, regardless of whose name appears in the purchase agreement.
2. Even if one of the spouses during the duration of the marriage did not work for valid reasons or by agreement, or had a small income, he is also considered a co-owner of the common property on equal terms.

It is assumed that the use of the common property is carried out by the husband and wife on the basis of an oral agreement.

If one of the spouses enters into a property transaction, it is assumed by default that he has obtained the consent of the other spouse. In some cases, a notarized approval of such an action is required.

Debts and obligations of spouses acquired in marriage are also considered common if they were made in the name of the family good.

EXAMPLE

S. acquired an artistic canvas to decorate the house, which he shared with his wife G. It did not fit the spouses’ taste, and she resold it to F., her relative. S. demanded to return the painting and offered to give the money. But F. refused because she considered the deal to be legal. S. filed a lawsuit demanding the return of the common property, arguing that he did not give his wife consent and permission to sell the canvas, which he liked. The court granted his claim, guided by the Family Code of Ukraine, and ordered F. to return the item instead of the money paid for it. The important point here is that G. knew about S.’s resistance to the sale of the painting and about his lack of consent to the sale.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: division of spouses’ property, family code on division of property, legal regime of spouses’ property, division of spouses’ common property, procedure and methods of division of property, division of property during marriage , division of property in a civil marriage, division of various types of property, division of housing in case of divorce.

Personal property of spouses in Ukraine

According to the law, each of the spouses solely owns the property that belonged to him before marriage. Also, the personal property acquired by one of the couple during marriage includes the property received on the basis of gratuitous transactions, that is, as a gift or by inheritance.

1. Property that is used by a married person (clothing, medicines, medical equipment and supplies), with the exception of luxury items, is also included in the list of personal property. If earlier a TV, a tape recorder and a refrigerator were referred to as excesses, now they have passed into the category of household utensils. Gold items, antiques, rarities and the like are considered luxury.
2. According to the Family Code of Ukraine, the income from intellectual labor belongs to the common property of the spouses. However, it is the consequence of such an activity that belongs to the one of the pair who is the author of the result.
3. Other property and money earned in marriage may be classified as personal property, if this is provided for by an agreement between the spouses.

Only one of the couple will own such targeted payments as maternity capital, awards for sports and scientific achievements, awards.

Recognition of personal property as common property of spouses in Ukraine

Despite the fact that the law clearly stipulates cases of property belonging to one or both spouses, the Family Code provides for the possibility of recognizing a spouse’s personal property as the common property of a couple.

This happens on the basis of a marriage contract or a court decision, taking into account the circumstances of family life, the acquisition and use of a particular thing.

• A court of property is general if, during the time of the official married life, significant improvements were made to the real estate or other private property of one of the couples by his partner. Moreover, this should be done by investing personal time, effort or finances. The court must be provided with appropriate evidence to support the improvement.
• The voluntary recognition of personal property as common is the best from the point of view of law. It takes place by general agreement and agreement, and is fixed in a notarized marriage contract.
• Common property is also recognized as things that were received as a gift to all spouses at once (for example, a house in honor of a wedding, etc.)

Conclusions in Ukraine

The property of the spouses, acquired after the registration of the marriage in the department of the DRACS, is considered jointly acquired.

The personal achievements of a spouse include property, money and obligations received before marriage, as well as after it as a gift or by inheritance.

These rules can be changed by a marriage contract (contract), which determines the peculiarities of the ownership of private and common property. The document is certified by a notary and takes place before the marriage or at any time after.

Based on the foregoing, two modes of property ownership are distinguished: legal (implies joint ownership) and contractual (it is assumed that contact between spouses is concluded).

According to the legal regime, each of the couple acts as the owner of all common property at once, and not any part of it.

Useful site materials rozluchennya-onlain.com.ua:

1. Marriage contract
2. Statement of Claim on Division of Spouses’ Property
3. Property division agreement
4. Property appraisal
5. Separation of housing in case of divorce
6. Separation of different types of property
7. Division of property in a civil marriage
8. Division of property during marriage
9. Procedure and methods of division of property
10. Division of the common property of spouses
11. Legal regime of spouses’ property
12. Family Code on Division of Property
13. Division of property of spouses