Division of property of spouses

Division of property of spouses in Ukraine

When registering a divorce, married couples have to deal with various difficult moments in one way or another: in joint children, alimony. However, often one of the most pressing issues that are difficult to resolve by the parties is the issues of jointly acquired property, and in the Family and Civil Codes, more than a dozen articles are devoted to the division of property.

Property disputes, especially those arising between once close people, often cause even more omissions and scandals than the reason for the divorce. Shares of jointly acquired property are determined by the parties to family relations themselves, if there is a marriage contract or an agreement certified by a notary, in the absence of such – this function is authorized by the court.

The division of property is a legal procedure during which the shares of each of the spouses in the joint property are determined.

The conclusion of a marriage contract or a bilateral agreement between a husband and wife is, of course, not cheap service, but it will help significantly save time and nerves of the parties, help to avoid interference in the life of the parties of 3 people, and most importantly, it will be held on deliberately mutually beneficial terms.

What is the common property of the spouses in Ukraine?

In the framework of the Family Code of Ukraine, joint property of spouses is understood as property acquired by them during marriage (and only officially registered marriage relations are meant).

You can give the following list of the spouses’ common property subject to division:

• Income of the parties from various types of activities:

1. entrepreneurial;
2. intellectual further.

• Received pensions, benefits, other cash payments that do not have a designated purpose:

1. material help;
2. compensation for harm in connection with the loss of ability to work;
3. amounts paid as a result of damage to health, etc.

• Movable and immovable things acquired from the general income of the spouses.
• Any other acquired property, regardless of who it was registered for and by whom the funds were deposited when it was acquired.

If one of the spouses during marriage did not have their own income, as they were engaged in housekeeping and caring for children (or for other valid reasons), they are also considered entitled to common property.

Property not subject to division in Ukraine

Approaching the issue of determining the right of each party to property, you should know that absolutely everything is subject to distribution. Family legislation establishes a list of personal property of each of the spouses, that is, such that cannot be divided and is directly his property:

1. Property owned by each party prior to marriage.
2. Property received by a husband or wife during marriage as a gift, inheritance, or other free transactions.
3. Personal items (shoes, clothing), except for jewelry (luxurious items).
4. The result of intellectual activity (belongs to the author of such a result).
5. Items purchased solely to meet the needs of minor children (clothes, shoes, musical instruments), as well as deposits in their names, remain in the side with which the children will live after the divorce.

As for the personal property of the party to the marriage, as well as that received as a gift or inheritance by one of the spouses, the question is also ambiguous:

If general funds were spent on property acquired by one of the parties before marriage, inherited or donated property in order to improve it, increases its cost – this property is also considered to be subject to division (Family Code of Ukraine).

EXAMPLE

The couple of Ch. Got married. Before marriage, the man owned a summer cottage with construction (country house). During the marriage, the spouses jointly cleaned up the plot and the house: they planted trees, paved the paths, provided water, put up a fence, lined the house and furnished it with furniture. In the event of a divorce and division of property, this plot with a country house must be divided, despite the fact that the ownership of it was registered by the husband before marriage – since the total money of the spouses significantly increased the value of the plot as a result of the landscaping work carried out.

The procedure for the distribution of property in Ukraine

Ukrainian legislation does not prohibit the division of jointly acquired property during family life, upon divorce or after divorce.

Thus, this can be done in any of the periods indicated below (Family Code of Ukraine)

• during marriage;
• at the time of its termination;
• immediately after the divorce.

Division of property in marriage in Ukraine

Situations often occur when a couple actually begins to live separately, but is in no hurry to divorce. At the same time, the law does not also prohibit the division of jointly acquired by filing an appropriate claim in court.

A feature of such cases is that the parties will have to prove to the court that:

• They live separately.

For example, by submitting certificates on the composition of the family from the place of residence, or testimony from the management of condominiums, neighbors, and the like.

• Do not run a joint household;
• They ended the marriage relationship.

When considering such cases, in addition to documentary confirmation of facts, the court willingly takes into account also oral or written testimony, but only concerns confirmation of the termination of the marriage relationship.

Simultaneously with divorce in Ukraine

When everything that the spouses have acquired is shared simultaneously with the dissolution of the family union, it is necessary:

1. These two issues should be separated into different lawsuits (that is, write two different claims – about divorce and about the division of property);
2. Determine the value of the property to be divided.

The court fee for the claim for divorce is 908 hryvnia, and the court fee for the claim for the division of property is paid as a percentage of the value of the property.

After divorce in Ukraine

If the marriage is terminated by the parties, and the property was not divided at the same time, you should not delay this process, since according to the Family Code of Ukraine, a 3-year limitation period applies to the requirements of spouses for the division of common property.

However, this period can be extended as an exception if it became known that one of the parties at the time of separation hid the fact that she had any property – in this case, the limitation period will begin to be calculated from the moment when the second spouse became aware of this newly discovered circumstance.

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

Methods of division of property in Ukraine

The question of the distribution of property, like any other in family and civil law, can be resolved:

• peacefully (and this is the priority form)
• by legal action (which, by the way, also does not exclude a compromise solution of the case).

Peaceful way (without going to court) in Ukraine

A peaceful path, of course, deprives a married couple of stress and interference in the personal life of a third party, which may be a judge, and is formalized on mutually beneficial terms of the parties.

Persons can come to such a solution to the issue in two cases:

• In the presence of a notarized marriage contract (concluded before the registration of the marriage or at any time during it).

The cost of a marriage contract should be found out at a specific notary office.

• When concluding an Agreement on the division of property, without fail certified by a notary. The cost of drawing up an agreement on the division of property between spouses should be found out at a specific notary office.

In court in Ukraine

Regardless of whether the spouses have a dispute about joint ownership, or they do not agree with certain clauses of the marriage contract, these issues are decided by the court (Family Code of Ukraine).

The procedure for filing a statement of claim:

• The claim is filed with the district (city) court depending on the price of the divisible property:

1. at the location of the property to be divided;
2. at the place of residence of the plaintiff (if a minor child remains with him).

• The party initiating the division is indicated as the plaintiff, the second person as the respondent.
• The amount of the state duty depends on the price of the claim of the Tax Code of Ukraine.
• The statement of claim summarizes the circumstances of the dispute (when, by whom, at whose expense the property was purchased / repaired).
• The claims of the claim declare the right to divide the common property and substantiate the determination of its share.
• Attached:

1. copies of the passports of the parties;
2. a copy of the document on the conclusion or dissolution of marriage;
3. documents confirming the presence of property (certificates of ownership, “technical passports” of all types of transport, sales receipts, contracts, etc.);
4. certificate of family composition;
5. birth certificate of the child / children;
6. extract from the house book;
7. other documents relevant to the consideration of the case.

As judicial practice shows, when considering such disputes, the priority (if not the only) value for the court should be presented to the property documents, as well as paychecks, receipts, contracts, than the testimony of witnesses in favor of either party.

FOR EXAMPLE

If during the trial, the wife calls her mother (or neighbor) as a witness, who declares that the repair in the apartment was carried out for the wife’s money, but the husband provides the court with an agreement with a contractor repair organization, drawn up in his name for the repair work, the court will not accept it. attention to the testimony of the witness, but will build on the documented fact in favor of the husband.

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. Common and personal property of spouses
12. Legal regime of spouses’ property
13. Family Code on Division of Property