Legal regime of spouses’ property

Legal regime of spouses’ property in Ukraine

There are two legal regimes for the property of spouses: legal and contractual. The concept of a legal regime is described in the Family Code of Ukraine. According to him, the regime of joint property of spouses is considered legal. The property acquired by them during marriage is common.

The contractual regime of the spouses’ property presupposes the existence of a marriage contract. This document is an agreement on the basis of which the rights and obligations of the parties during marriage and divorce are determined. It is possible to conclude a contract even before marriage. The document may contain a list of property that will go to each of the spouses in case of divorce.

Legal Regime of Spouses’ Property in Ukraine

In accordance with the legislation, common property includes everything purchased after marriage, regardless of whose money was used for this, and in whose name the property is registered. At the same time, those things that were bought before marriage, received as a gift or by inheritance, as well as items for individual use, belong to the personal property of one of the spouses.

According to the Family Code of Ukraine, the regime of joint property of spouses is called the legal regime. The existence of a marriage contract leads to the termination of the legal regime.

Based on the provisions of family law, the possession, disposal and use of things by spouses that are the common property of members of a peasant or farm household is carried out in accordance with the Civil Code of Ukraine. The division of the said joint property takes place in accordance with the rules of the Civil Code of Ukraine.

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

Joint property of spouses in Ukraine

According to the Family Code of Ukraine, the spouses’ joint property belongs to the property acquired by them after marriage. The specified property includes:

• income from labor, business or intellectual activity;
• pensions, benefits and other payments;
• things acquired by spouses for common funds (real estate, securities, shares in the capital of a company, etc.).

Also, according to the Family Code of Ukraine, it should be noted that even if the property was acquired at the expense of one of the spouses, the other also has rights to it, if during the marriage he was engaged in children, household chores, and did not have a source of income. Thus, a housewife has rights to property acquired during marriage with her husband’s money.

The property included in the joint ownership can be registered in one of the spouses or personally acquired by one of them, but at the same time, according to the law, it will belong to the spouses.

Property of each of the spouses in Ukraine

In addition to common property, each of the spouses also has things that are his personal property. These things include:

• property that belonged to each of the spouses even before marriage;
• property received as a gift, by inheritance or as a result of other transactions concluded on a gratuitous basis;
• personal items (clothing), excluding jewelry and luxury items. Such things can be bought with general funds, but still be the property of one of the spouses (except for luxurious things);
• rights to the results of intellectual activity (copyright).

When the property is divided after the death of one of the spouses or when the marriage is dissolved By the way, those listed above cannot be received as part of the common property.

Division of the common property of spouses in Ukraine

The regulation on the division of the spouses’ common property is specified in the Family Code of Ukraine. The spouses have the right to divide the property not only after the dissolution of the marriage, but also before that. A sufficient requirement for this is the corresponding desire of one of the spouses.

The division can also be carried out at the request of the creditor of the spouse.

It also follows from the Family Code of Ukraine that:

1. division of the joint property of the spouses can be, if there is an agreement between them. The agreement does not require notarization;
2. in the event of disputes over the procedure for dividing common property, the share of each of the spouses is determined by the court. The transfer to one of the spouses of property, the value of which is more than the share that belongs to him, the other person must receive compensation. It can be funds, property, or rights;
3. by a court decision, part of the common property of the spouses can be defined as the personal property of one of them;
4. the person with whom the children live receives part of the common property, was bought for the children (clothes, school supplies, books, etc.)
5. if the name of a minor child has been contributed, it becomes the property of the child, and does not pass to one of the parents when the property is distributed;
6. if the division of property was carried out before the dissolution of the marriage, the undivided part and all things purchased later, included in the jointly acquired property.

If the division of property occurs after the dissolution of the marriage, it should be borne in mind that the Family Code of Ukraine defines the limitation period of three years.

Contractual property regime in Ukraine

The presence of a prenuptial agreement that defines the rights and obligations of spouses during marriage and after its dissolution is optional. The contract is concluded only at the request of the parties.

Conclusion of a marriage contract in Ukraine

According to the Family Code of Ukraine, it should be noted that it is possible to conclude a marriage contract not only on the day of marriage, but also for this, and during marriage. An agreement concluded during the premarital period creates rights and obligations only after the registration of the marriage.

The marriage contract must be concluded in writing and certified by a notary. Unlike an agreement on the division of property, an agreement is not valid without a notarial certification.

The document contains the property rights and obligations of the spouses. It may indicate the terms after which it loses its validity. The content of the document should not limit the spouses’ ability to defend their rights in court, deprive them of their legal capacity and legal capacity.

Change and termination of a marriage contract in Ukraine

The provisions of the Family Code of Ukraine determine the specifics of termination or amendment of a marriage contract. These actions can be carried out at any time after his conclusion, including for the registration of marriage. To do this, it is necessary to draw up an agreement between the spouses, which is carried out in the same form as the agreement itself. Termination or amendment of the document is carried out only with the mutual consent of the spouses.

If the contract does not establish a validity period, the rights and obligations created by it will be terminated upon dissolution of the marriage, or if there is an agreement between the spouses. It is allowed to terminate or change the document unilaterally only if there is a corresponding court decision.

Recognition of a marriage contract invalid in Ukraine

The provisions of the Family Code of Ukraine determine that the invalidation of the entire agreement or part of it is possible on the same grounds that are applied in other transactions.

After one of the spouses applies to the court, a decision may be made on the complete or partial invalidity of the document. An agreement that restricts the legal capacity or capacity of the spouses is considered invalid.

Responsibility of spouses for obligations in Ukraine

According to the provisions of the Family Code of Ukraine, a person who does not fulfill his obligations to the creditor can pay off with him part of the property that is part of the joint property. The spouses have the right to pay with it to compensate for the harm caused to minor children. If both spouses have joint obligations that have not been fulfilled by them (for example, to the creditor), by a court decision they will pay off with him at the expense of common property.

If the marriage contract is amended or is broken, the person must inform the creditor. These actions are carried out in the event that the loan was made on the security of the joint property of the spouses or using it in any other way. The creditor has the right to demand a change or termination of the marriage contract in the event of a change in the circumstances related to the loan provided to the debtor.

EXAMPLE

Citizen Pushka and citizen Sych entered into a marriage contract to register the marriage, according to which all property, in the event of a divorce, acquired during the marriage, will remain Sych. The marriage contract was concluded in writing and notarized.

A year after the marriage, Pushka proposed to amend the contract, defining the shares of each of the spouses in joint property. Cannon did not receive consent to amend the document. Based on the provisions of the Family Code of Ukraine, he did not have the right to change or terminate the marriage contract unilaterally. However, he went to court, providing evidence of the other party’s failure to fulfill its obligations. The Civil Code of Ukraine allows a change in the contract by a court decision if it was violated by one of the parties.

Output in Ukraine

There are two regimes of property of spouses – contractual and legal. In the first case, property rights and obligations are determined in accordance with the marriage contract. It can be concluded both after the registration of marriage and before that. It is possible to change or terminate the contract only if there is a mutual consent of the spouses, or an appropriate court decision.

The legal regime implies the absence of a marriage contract. Property acquired by spouses during marriage is considered joint property, excluding items for individual use. division of property is possible upon dissolution of marriage, or by decision of the spouses, in accordance with the agreement. If desired, the agreement is certified by a notary. The creditor, in case of debt of one of the spouses, may require the division of property in order to pay off the debts.

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. Family Code on Division of Property
13. Division of property of spouses