Procedure and methods of division of property

Procedure and methods of division of property

Procedure and methods of division of property in Ukraine

What the spouses acquired together during the marriage can be divided between them in a certain order and in different ways. Moreover, such a division is not always carried out within the framework of a divorce, because there are cases when common property must be divided in marriage.

Division of property in case of divorce in Ukraine

In case of divorce, property can be delimited by voluntary consent or through a court. By default, the rule of equal shares of spouses is used. When dividing things, one must strictly observe the requirements of the legislation, which establish a list of what can and cannot be divided. Let us consider in what cases and by what methods the jointly acquired property can be divided.

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

In what cases can the acquired property be divided in Ukraine:
Married in Ukraine

Ukrainian legislation gives spouses the right to determine the fate of what is purchased during the marriage relationship, before, after and during marriage. Both at the conclusion of the marriage relationship, and during the marriage, the spouses can agree on what will belong to each of them. Moreover, the subject of the contract can be not only existing things, but also what may be acquired in the future.

It is also possible to establish a way of delineating the rights to joint property in case of termination of the marriage relationship, in order to resolve a difficult issue in advance, which makes the divorce process extremely unpleasant.

In a marriage, the demarcation of property can be done through an agreement, a prenuptial agreement, or by going to court.

After divorce in Ukraine

After a divorce, methods such as concluding an agreement and going to court may be available to resolve individual issues of delimiting rights to a particular material benefit. It’s too late to resort to a prenuptial agreement.

At the request of the creditor in Ukraine

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 according to the following rules:

  1. The obligations of the former spouses are divided in proportion to their shares in the property, if they were co-borrowers on a loan or were a borrower and guarantor.
  2. The spouse’s personal credit obligations must be fulfilled by them independently and at the expense of their personal property, but if it is insufficient, the collection can be turned to the fate of the debtor husband in common property.
  3. If only one of the spouses is the debtor under the loan obligation, the proportionality rule also applies if the benefits or funds received under the loan were used jointly for the family.

Marriage contract in Ukraine

A marriage contract is one of the options for the delimitation of 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, general or shared).

Agreement in Ukraine

An agreement on the division of jointly acquired property can be drawn up in the so-called simple written form (that is, without certification by a notary) and sealed by the signatures of the parties and is the most accessible way of differentiating property rights. However, the law does not prohibit notarization of such a document, if necessary.

Through the court in Ukraine

The division of jointly acquired property, as well as the determination of shares in ownership 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 determines what exactly should be transferred to each of the parties. The court has the right to deviate from the principle of equality of shares when making a decision.

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. 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,%
booth 11 2.11
may 9 1.73
or 8 1.54
court 7 1.34
jointly 6 1.15
share 6 1.15
nuptial 6 1.15
if 6 1.15
property 5 0.96
demarcation 5 0.96
property 4 0.77
can 4 0.77
one 4 0.77
spouses 4 0.77
under 4 0.77
divorce 4 0.77
time 4 0.77
marriage 4 0.77
will be 3 0.58

checked by Valery 06/07/2021

checked by Victoria Halimon 09.09.2021

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