Division of property in a civil marriage

Division of property in a civil marriage

Division of property in a civil marriage in Ukraine

What we used to call “civil marriage” is legally correctly called the actual marriage relationship, which is not registered with the registry office. Being in such a “marriage”, citizens most often think about protecting their property rights, because in the event of separation, as a rule, there is certain property acquired by joint efforts during the period of living together. Let us consider the question of how the so-called civil marriage differs, and what is the procedure for the division of property in this case.

The current family legislation of Ukraine does not recognize de facto marital relations, even if the common-law spouses have a common budget, jointly manage the household, and not only live together, but also have common children.

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

Property in a civil marriage in Ukraine

It should be noted right away that the phrase “civil marriage” is understood, as a rule, not quite correctly. In fact, such a union is one that is registered with the registry office, that is, it is recognized by society and the state. With such a union, a corresponding account is entered, stamps are affixed in the passports of the spouses, and a certificate is issued.

The fact of being in a de facto marital (civil) relationship does not affect the rights of the person who owns the property, just as it cannot be the basis for the presentation of property claims by one of the spouses in relation to the property acquired during the period of residence together by a person or a woman. By default, the rule is “in whose name the item was purchased, that is the owner”.

The regime of common joint property cannot be applied to things that were acquired during the period of unregistered family relations; it enshrines the right of each of the spouses to half of everything that was acquired during the marriage period, regardless of who it was registered in. However, in this situation, the right of common shared ownership may well arise.

If there is no contract or agreement between the actual spouses that establishes the regime of their common property, then when resolving disputes between them, the norms of the Civil Code of Ukraine concerning common shared property are applied. Such cases are usually decided by the court if the cohabitants cannot independently come to a mutually beneficial solution. The court determines the share of each of the persons in the disputed property, based on the degree of their participation in its acquisition, both by personal labor and by financing.

Division of property in court in Ukraine

When applying to the court, in case of division of property acquired during stay in unregistered family relations, you can file two types of claims: for the recognition of ownership and for the recovery of unjust enrichment.

A claim for the recognition of ownership of a part of property in Ukraine

This type of claim is filed in order to prove its ownership of a share in an apartment, car, etc., if these objects are registered in the name of one of the parties to the dispute. To do this, it will be necessary to provide evidence of investment in their acquisition, the time of the emergence of common property, the purpose of acquiring the disputed thing and other facts on the basis of which the court will be able to recognize the right of a party to a share in the property. Moreover, the disputed share does not have to be equal to half. The plaintiff himself has the right to establish which part he wishes to recognize as his own.

Claim for recovery of unjust enrichment in Ukraine

In cases where it is not possible to prove the ownership of the common property of the unregistered spouses, it is possible to prove the fact of transferring money for its acquisition, then it is more logical to present a claim to collect money. For this, a claim is filed for the recovery of unjust enrichment.

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 during marriage
  8. Procedure and methods of division of property
  9. Division of the common property of spouses
  10. Common and personal property of spouses
  11. Legal regime of spouses’ property
  12. Family Code on Division of Property
  13. Division of property of spouses
rozluchennya-onlain.com.ua

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Advego

Word Quantity Frequency,%
property 9 1.81
right 9 1.81
o 8 1.61
property 7 1.41
spouses 5 1.01
court 5 1.01
property 4 0.81
period 4 0.81
joint 4 0.81
collection 4 0.81
share 4 0.81
if 4 0.81
bezpidstavny 3 0.60
Relationships 3 0.60

checked by Valery 06/04/2021

checked by Victoria Halimon 09/10/2021

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