Family Code on Division of Property

Family Code on Division of Property in Ukraine

The procedure and procedure for the division of property between spouses depends on what kind of ownership regime is established for them: legal (according to the general rules of the Family Code of Ukraine) or contractual (if there is a marriage contract, according to which the division will be carried out).

However, regardless of the type of regime, be it legal or contractual, every man has the right to go to court to protect his property interests. The court may satisfy (in whole or in part) the claim or refuse to satisfy it. It all depends on the proof and validity of such a claim.

Common and personal property of spouses in accordance with the Family Code of Ukraine

The general property rights of spouses arise from the moment of registration of the marriage relationship. At the same time, the law divides property into:

• general – such property includes everything that was acquired by the spouses during the marriage relationship (deposits, any income, movable and fixed objects, as well as promissory notes – loans, loans, mortgages, etc.);
• personal – everything that was the property of one of the spouses before the marriage, as well as gifts and inheritance that the spouse acquired while married (a marriage contract can also include personal property).

The concept and types of common property are set out in the Family Code of Ukraine. Property that is not, but is personal, is defined separately in the Family Code of Ukraine. The law also provides for the recognition in certain cases of personal property as common.

EXAMPLE

The wife went to court with a claim against her husband for the allocation of a marital share and recognition of property rights for 1/2 share of the apartment. This apartment belongs to her husband and was purchased before marriage. However, the couple renovated the controversial apartment at the expense of the family budget.

According to the Family Code of Ukraine, the spouse’s personal property can be recognized as their joint property if the court finds that during the period of marriage, investments were made on it from the family budget, as a result of which it significantly increased in value. In this case, the property will be divided equally between the spouses.

For the correct solution of the case, the court appointed an expert assessment of the value of the property before and after the investment. The examination did not reveal a significant difference in the cost of the apartment. The court dismissed the plaintiff’s claims.

The limitation period for the division of property in accordance with the Family Code of Ukraine

In accordance with the provisions of the Family Code of Ukraine, the limitation period for filing claims in relation to the property of spouses, divorce is three calendar years. The moment in the course of the limitation period is the moment when the person found out or should have found out about the violation of his property rights and interests.

The following situations may be considered a violation of the spouse’s property rights regarding joint property of the spouses:

1. obstacles by one spouse to the other in the use of property (in the case when the spouses are divorced, but continues to use jointly acquired things)
2. in the event that one of the spouses alienated the property (sold, donated, pledged, etc.);
3. in the event of a dispute about the use of property;
4. in other situations provided by law.

Since the right can be violated at any time, both at the time of the dissolution of the marriage, and after the expiration of time after its dissolution, in this regard, the date of the violation of rights must be indicated in the claim. It is from this date that the limitation period begins, which is applied in these disputes.

Agreement on the division of property in accordance with the Family Code of Ukraine

The property can be divided by agreement. The Family Code of Ukraine provides for the conclusion of an agreement on the division of property between spouses. Such an agreement the husband and wife can conclude, both being married and after its dissolution. An agreement is a document establishing the procedure for the division of matrimonial property.

The transaction is drawn up in writing and contains all the requirements applicable to this type of document. At the same time, it is not necessary to notarize such a document. A spouse division agreement can be extended:

• for all property acquired in marriage;
• on a certain part of the property acquired in marriage.

In the distribution document, it is important to indicate the name and characteristics of each item or thing, as well as their value and to whom or in what shares this property will belong after the dissolution of the marriage. Also, the document can reflect monetary compensation for property that will be transferred to one of the spouses.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: division of spouses ‘property, legal regime of spouses’ property, common and personal property of spouses. division of the spouses’ common property, the 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.

Division of property under a marriage contract in Ukraine

The conclusion of a marriage contract is a kind of protection of the spouses’ personal property acquired during the marriage relationship – in this case, it will only belong to the person who acquired it (unless the contract itself specifies otherwise).

The norms of the Family Code of Ukraine oblige to certify a marriage contract (contract). Otherwise, such an agreement is invalid.

When the spouses have an agreement, the division of property takes place in accordance with the norms of such a document. And each person receives what is established by the agreement (contract).

Although the law provides the right to appeal the marriage contract, it is quite difficult to do this when the document is legally correct.

EXAMPLE

Citizen “F” applied to the court with a claim against her husband. In the lawsuit, she asked the court to invalidate the marriage contract concluded between her and her husband in 2012, being with him in a registered marriage. She explained her requirements by the fact that she was drunk when she made out the contract.

Having checked the case materials, having heard the parties, the court comes to the following conclusions. According to the norms of the Family Code of Ukraine, a marriage contract can be concluded between citizens who are legally married (or are getting married), in accordance with the requirements of family law. The law provides for the court to declare a marriage contract invalid at the request of the spouse or both of them, if the conditions established by the contract put one of the parties to such an agreement in an unfavorable financial situation.

When considering the case, the court established that, according to the marriage contract of the spouses, the property to be taken out in the following shares: man – 2/3 of the share, wife 1/6. The plaintiff did not provide evidence of her mistake. The court finds no reason to invalidate the contract and rejects the plaintiff’s claim.

Output in Ukraine

Family law is designed to protect the interests and rights arising from family relationships. Citizens in a marital relationship must comply with the requirements established by such legislation. Violation of the norms of family law entails certain legal consequences.

Citizens whose legal rights have been violated can rely on judicial protection. Most often, disputes arise precisely from property legal relations. In order to prevent violations of their rights and interests, spouses can conclude a marriage contract and determine the conditions and fate of their property.

The division of property can take place peacefully and without a marriage contract if the parties conclude an agreement between themselves on its division.

However, regardless of whether there is a certain document between the spouses establishing the procedure for the division of jointly acquired property, either spouse may try to challenge the division in court. And whether he will succeed or not is another question.

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. Division of property of spouses