Division of property in case of divorce from children | Division of family property and children

Contents

Division of property in case of divorce from children in Ukraine
How is property divided in case of divorce if there is a minor child in Ukraine?
If you have an adult child in Ukraine
Methods for dividing property in case of divorce from children in Ukraine
How to draw up an agreement on the division of property in a divorce in Ukraine

Division of property in case of divorce from children in Ukraine

According to family law, divorce is carried out in court if a couple has children under the age of 18 and unresolved issues related to the distribution of property. The division of the property of the spouses is the separation of the shares of each of them in the common property.

It should be noted that the presence of a married couple of children is not a reason for the courts to deviate from the principle of equal shares of each of the spouses in joint property. Moreover, the child does not have a direct right to the parents’ property, and, therefore, should not participate in its division.

If the child at the time of separation is the owner of any property (as a result of donation, re-registration, acquisition of it), it is not transferred or divided. It is noteworthy that a dispute about the division of property is possible not only at the time of divorce, but also to divorce, and also within three years after such.

The procedure for the distribution of property, regardless of whether the spouses have children, can be:

contractual – under a notarial transaction, a marriage contract;
judicial – on an additional requirement set out in a divorce suit or an independent claim.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: how quickly to leave, divorce and children, documents for divorce with children, how do children share in divorce? how to pick up a child from an ex-wife? dividing an apartment in case of a divorce from a child, communication with a child after a divorce, restriction of communication between a father and a child; the wife prohibits seeing the child – what to do?

How is property divided in case of divorce if there is a minor child in Ukraine?

First you need to decide on the following:

If the property is the property of the parents and the child’s right is not allocated in it, the presence of a minor in the family will not significantly affect the distribution of property, it will only establish the fact that the child does not have the right to parental property, but can only use it by mutual consent.
If the child is the owner of the property (for example, a computer was bought for him, or a musical instrument, etc.) – it is included in the list of property established by law that cannot be divided, and remains with the child and the father who lives with her.

When it comes to the distribution of real estate, certain nuances can arise. According to the law, shares in property between spouses must be divided equally, unless other rules are provided in the contractual documents between the spouses (marriage agreement (contract), notarial agreement).

But if it comes to the presence of children, the judge has the right to deviate from the principle of equality of shares in favor of the interests of the child and the father, with whom she remains in fact in maintenance (Family Code of Ukraine).

However, if the child owns a share of the property, it is indivisible upon divorce, and the documents for it are determined by the parent with whom the child remains after the divorce.

If the child is not the owner, the judge may allocate a larger share of the common housing to the father and child during distribution, taking into account other features of the case:

does the ex-spouse have other housing;
material and social situation of parents (earnings, income, retirement / disability pension)
other circumstances relevant to the decision.

The property of children should be kept by the father who brings up the child, although he has the right to dispose of this property, the interests of the minor should not be affected.

If we are talking about real estate in the name of a child, before selling or exchanging such, the mother or father must obtain an appropriate document – the consent of the guardianship and trusteeship authority for the transaction. Experts will check its feasibility and monitor the observance of children’s property rights during the transaction.

If you have an adult child in Ukraine

The interests of adult children are not taken into account in the division of property in the event of a divorce. Moreover, a child upon reaching the age of 18 has no right to claim part of the property of his parents. Conversely, parents do not have the right to include children’s property in the list of property subject to division.

However, an exception is the case if the child is completely disabled or disabled. At the same time, such children, according to their legal status, are equated to minors, and the father, with whom the child remains to live, may claim a large share of the matrimonial property upon divorce.

It is worth noting that if spouses divorce after their children reach the age of 18, then they have the right to apply for divorce both to the registry office and to the court.

A divorce through the registry office can be formalized if the spouses do not have a property dispute or an appropriate agreement has been concluded between them. Otherwise, the shares of each of the spouses in the property are determined in accordance with the rules of the Family Code of Ukraine.

Methods for dividing property in case of divorce from children in Ukraine

The methods for determining the shares in the common property of the spouses, regardless of the presence of children in the marriage, include:

Contractual – represents a peaceful settlement of a conflict of interest and implies the joint consent of the spouses on the issue of separation of movable and immovable property.

the contractual method can be presented to the court in the form of:

marriage agreement (contract);
a notarial transaction (certified by a notary on a mandatory basis in accordance with the Family Code of Ukraine).

The cost of these services should be checked with the notary’s office.

The contractual method not only allows you to “painlessly” dissolve the marriage and avoid conflicting, time-consuming processes, but also consists of mutually beneficial terms, which, for example, the court may not agree to in the event the dispute is considered in court.

Judicial – implies the appeal of one of the parties with a claim to the court, since a peaceful settlement of the issue of distribution of property between the spouses has not been achieved.

The judicial method of distribution of property is quite costly (depending on the price of the claim) – the amount of the court fee can be determined in a particular court, before filing a claim.

How to draw up an agreement on the division of property in a divorce in Ukraine

The name of the document itself – “agreement” – speaks of the peaceful orientation of the parties and implies the consent of the spouses on the issue of the distribution of property. The presence of a child in this aspect does not play a significant role: the parties can agree on an equal distribution of shares of joint property, allocate a large part to one of them, etc., at their personal discretion.

If we are talking about the personal property of the child, the right to which is established, it is not subject to division, but in the agreement it is possible to agree on which of the parents is responsible for it (as a rule, it is the father who lives with the child).

An agreement on the division of property must be notarized without fail (Family Code of Ukraine), which gives it legal force and obliges the parties to comply with it.

The procedure for drawing up an agreement:

Spouses (or ex-spouses, if the division of property is carried out after a divorce) must visit a notary.
Provide the specialist with documents:

passports of the parties;
a child’s birth certificate (and a passport when the child reaches the age of 14, if any);
documents for property – an agreement, a certificate of ownership (an extract from the Unified State Register of Real Estate.), sales or cash receipts, and the like.