Separation of different types of property

Separation of different types of property in Ukraine

When it comes to divorce, one of the most difficult issues is the division of joint property. At the same time, each of the former spouses wants to get as much as possible in order to either compensate themselves for moral damage, or cause such damage to the opposite side.

However, the division of property should be carried out in accordance with the norms of current legislation, it should be studied long before the start of the process. In addition, it is important to know how the differentiation of rights to certain types of property of persons who were previously in registered family relations is carried out.

What to share in Ukraine

As a general rule, what is acquired by the spouses jointly during marriage is subject to separation. The Family Code of Ukraine refers to such property:

• any income of spouses (from work or business, from the results of intellectual labor, as well as pensions, benefits and other monetary payments, do not differ in a special purpose)
• what was acquired from general income (these can be movable things or real estate, regardless of the name in whose name they are registered)
• securities, deposits, shares, as well as shares in capital contributed to commercial organizations by husband and wife for common funds (it does not matter who exactly contributed the funds, or in whose name the securities or shares in the capital were purchased)
• jewelry and other luxury items.

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

You can’t share in Ukraine

Remember that under no circumstances can the following types of property be divided between the former spouses:

• what belonged to the spouses even before marriage;
• property received by one of the parties during the marriage relationship as a gift, in the framework of imitation (inheritance) or in another gratuitous way;
• payments are distinguished by a special purpose (that is, these are amounts paid to a specific person, for example, material assistance, compensation for harm due to disability or through damage to health);
• By the way, intended for individual use (shoes, clothes, etc.), even if they were bought with joint money during the period of marriage;
• the exclusive right to the results of intellectual activity of one of the spouses.

In addition, if, for example, the court proceedings on the distribution of property were preceded by a certain period of dividing residence, the court may recognize the things acquired during this period as the property of each of the spouses.

Also do not share:

1. things bought for minor children (this can be worn clothes, shoes, sports and school supplies, books, musical instruments, etc.);
2. contributions that were made by means of common property on behalf of children (joint and minors).

Section of the car in case of divorce in Ukraine

The car is subject to distribution if you follow the rule of law. It is important how it was acquired.

If the car belonged to one of the parties before marriage, was donated to the party, inherited or from the state for merit, then it will not be shared. The main thing is to present all the necessary evidence. If a car was purchased during the mating season, then the differentiation of rights occurs most often as follows: someone gets a car, and someone gets compensation for their share, because it is impossible to divide the car in half in kind.

Section of loans, debts in Ukraine

Now almost every family has an outstanding loan, and therefore the division of debts can become a serious obstacle to a “peaceful separation”. Particularly acute is the issue of dividing mortgage obligations. In this case, they are guided by the following rule: the obligations of the former spouses are divided in proportion to their shares in the property, if the spouses were co-borrowers on a loan or were a borrower and guarantor. Most often, the proportionality rule is applied when delineating liabilities, even with very large loans.

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.

It is important to know that 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.

Business section in Ukraine

The family business section is always problematic. Such a business or share in a business is a common property of the spouses. There are several business distribution options:

1. Someone receives the entire business (or the entire share), and someone receives property compensation equal to the value of the business or part;
2. The enterprise is divided, and each of the parties receives its share;
3. The company is sold, and the money received is divided equally;
4. The business is liquidated, and the assets are sold by the spouses on their own;
5. Business management remains common, the spouses remain partners in the business.

Inheritance section in Ukraine

As already mentioned, the inheritance cannot be distributed after the termination of the marriage.

She remains with the person who was the heir. However, if investments were made in the inheritance during the marriage, its value increased significantly, then the court may recognize the inheritance as joint property and divide it in half.

Section “maternal help” in Ukraine

Maternal assistance – funds received, as a rule, by a mother at the birth or adoption of a second or subsequent child from the state. Since social assistance is a targeted payment intended to improve housing conditions, to pay for the education of children or to increase the mother’s pension savings, it is not subject to distribution. The right to social assistance remains with the person in whose name it is issued.

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. Division of property in a civil marriage
7. Division of property during 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