Division of property during marriage

Division of property during marriage

Division of property during marriage in Ukraine

The current family legislation provides for the possibility of dividing the spouses’ property not only in the event of divorce, but also during marriage. This can be done both in divorce and without the intention of breaking the family union.

It is important to remember that there are indivisible things, namely:

  • divisible property of spouses (inheritance, gifts, etc.);
  • acquired in order to meet the needs of minor children;
  • contributions made to the name of common minor children.

After completing the procedure for the delineation of property rights during marriage, the spouses can continue to live together. Everything that they buy afterwards will be subject to a joint ownership regime, that is, it will be considered that ownership is carried out in equal shares.

Grounds for the division of property during marriage in Ukraine

The need to differentiate property rights may be due to various reasons. For example, it may be necessary to divide up jointly acquired so that one of the spouses can pay off his personal debts or donate his share to the children.

Sometimes the separation procedure is resorted to because of the actual termination of family relations (separation without divorce, for example) or through the squandering of one of the parties. During marriage, it may be necessary to divide the property even when this requirement is made by the creditors of one of the spouses in order to be able to foreclose on his share in the common property.

When delimiting the property rights of spouses, the rule of equality of shares applies, unless otherwise provided by an agreement between them.

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 in a civil marriage, division of various types of property, division of housing in case of divorce.

Methods for dividing property during marriage in Ukraine:

With the help of a prenuptial agreement in Ukraine

The prenuptial agreement is one of the ways to differentiate between the jointly acquired or what will be acquired in the future. However, this method is not very popular in Ukrainian society.

The marriage contract must be concluded in writing and be certified by a notary. In it, the parties can establish any regime of ownership (partial, joint or divisible).

By means of a property division agreement in Ukraine

An agreement on the division of jointly acquired property is the most affordable way to delineate property rights. Such an agreement can be drawn up in the so-called simple written form (that is, without certification by a notary) and signed by the parties. However, it is not prohibited by law to notarize such a document, if necessary.

The aforementioned transaction can also be formalized by submitting an application to the authorized bodies to issue a certificate of ownership of a certain share in the property recognized as common.

Judicially in Ukraine

The division of what is acquired jointly, as well as the determination of shares in property rights, is carried out through the court if there is a dispute between the spouses, or if it is necessary to foreclose on the share of one of them.

At the request of the parties, the court should determine what exactly should be transferred to each of the parties. If one of the spouses receives property in value that exceeds the share of the opposite party, the court may award monetary or other compensation.

If for a time the married couple lived separately, and the family relationship was actually terminated, then the court may recognize the things acquired during such a period exclusively as the property of the husband or wife.

The court is entitled to derogation from the principle of equality of shares when making a decision. This can be done taking into account the interests of minor children, taking into account one of the spouses (for example, if the other party to the dispute did not receive income for reasons that cannot be called valid, or spent jointly acquired against the interests of the family).

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. 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,%
or 8 1.59
may 8 1.59
share 8 1.59
Boot 7 1.39
if 7 1.39
property 6 1.19
one 6 1.19
spouses 5 0.99
jointly 5 0.99
court 5 0.99
property 4 0.79
property 4 0.79
period 4 0.79
separation 4 0.79
right 4 0.79

checked by Valery 06/07/2021

checked by Victoria Halimon 09/10/2021

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