Statement of Claim on Division of Spouses’ Property

Statement of Claim on Division of Spouses’ Property in Ukraine

The spouses can distribute the common property both in marriage and after its dissolution. If it is not possible to agree peacefully, you should file a claim in court (sample).

Only property belonging to the common property of the spouses can be divided. Some types of property are considered personal and are not subject to division.

The division of property in a divorce is considered by the judicial authority as a normal property dispute regarding joint ownership. For such a claim, a combined payment of the state fee is provided, the cost of which is indicated below.

In the event of a divorce with a simultaneous division of property, the case will be conditionally divided into two parts: consideration of civil law issues of divorce and an immediate property dispute.

Statute of limitations upon division of property of spouses in Ukraine

Knowledge of joint property and the principles of separation between spouses are given in the Civil Code of Ukraine, the Family Code of Ukraine, the norms of the Tax Code of Ukraine, the Civil Procedure Code of Ukraine and other regulatory documents.

In general, each of the spouses is empowered to claim his share of the common property within 3 years from the date when he learned about the violation of his right. That is, according to the law, the limitation period for the division of property is 36 months.

• Often the day of countdown is the moment of divorce. But it happens that these terms are spaced for years.
• The moment of divorce is the day of registration of the divorce in the act book (if the spouses were divorced by DRACS) and the date of entry into force of the court decision (if the husband and wife divorced through the court).
• After three years, the judicial authority has the right to refuse the plaintiff to consider the claim.
• In a real legal marriage, property can be divided at any time through a court of law or by means of a spousal agreement.

The issue of the division of common property can be included in the statement of claim for divorce, or it can be filed with the court separately before or after the divorce.

The property of the spouses is not subject to division in Ukraine

Not all property that came into the possession of either spouse during family life is shared. Any property, which cannot be considered common, is in no way subject to division. Here is a list of the main features of the property that is not subject to division:

• During the divorce process, one of the spouses cannot claim the other’s things if they were acquired before the marriage was registered.
• Property received by a husband or wife during marriage under a gift agreement or inheritance, as well as with other free operations (for example, as charitable assistance), is not shared.
• According to the Family Code of Ukraine, payments for labor injuries, targeted social benefits are not considered jointly acquired property and are not shared.
• Individual things of one of the spouses (clothes, accessories) cannot be claimed by the other person. Exceptions are luxury items: furs, jewelry, antique tableware and the like.
• Not subject to division intellectual property, inventions and patents created by one of the pair.
• Also, according to the Family Code of Ukraine, things acquired for creativity and everyday life of children (clothes, books, musical instruments) cannot be divided. They will be passed on to the father, with whom the children will remain (without compensation to the second spouse).
• Contributions in the name of the child are also not subject to division, but are considered his property.

You cannot divide the property if it is prohibited by the marriage contract. An exception is filing a claim with a court to declare a marriage contract invalid.

Property of spouses subject to division in Ukraine

In the process of divorce, the spouses have the right to divide joint property, that is, the property that was acquired (received) by them during the years of family life. The property of the spouses is considered common and is subject to division in equal shares. This is indicated by the Family Code of Ukraine. Other conditions may be established by the marriage contract.

1. Jointly acquired property includes all income from labor and business activities, inventions, pensions and other non-earmarked payments. The same category includes joint purchases, deposits and shares, regardless of their value and the name of the person indicated in the purchase agreement.
2. Marital shares in the common property level regardless of the size of each earnings, the social status of the spouses or other factors. Equality of shares remains, even if one of the couple did not work (he studied full-time, was on maternity leave or was engaged in a household). But if the man did not have valid reasons for this or he violated family interests, the court may reduce his share in the division of property.
3. By agreement, a different distribution procedure may be established. It is enshrined in the agreement on the division of property between the spouses. In the absence of a compromise between the spouses, the size of the particles is determined by the court. Non-compliance with parts can be compensated for by a cash payment.

Debts and credit obligations of one of the spouses are subject to distribution, if they were reported, and the other spouse did not object (that is, provided a written consent to their fulfillment).

Each of the listed conditions is considered by the court on an individual basis, all factors must be taken into account. Including the investment of labor, efforts and finances of one of the spouses in the improvement or restoration of the personal property of the other (based on the Family Code of Ukraine).

EXAMPLE

During a joint marriage with his wife, the man bought an apartment. His name and signature are listed on the purchase agreement, but the property is jointly owned by the couple.

If an apartment was bought exclusively for the money received by a person from the sale of his inherited home, this is the husband’s personal property. Most likely, the court will lean towards this definition. However, if the wife invested her personal savings accumulated in marriage in the repair and arrangement of the apartment (replacing batteries, sewer pipes, installing meters, performing repairs, buying furniture), she can, upon divorce, claim a share in the ownership of housing.

Contents of the statement of claim on the division of property in Ukraine

Samples of statements of claim can be obtained in court, or viewed on our website.

They must contain information according to the list stipulated in the Civil Procedure Code of Ukraine:

• name of the court;
• FULL NAME. and the place of residence of the plaintiff and the defendant (the husband whose interests are affected and his partner against whom the lawsuit is being filed), other information about them;
• a list of property to be divided and your vision of how to distribute;
• the circumstances and reasons on the basis of which the plaintiff makes claims, as well as their evidence;
• the value of the claim is the assessed value of the property. Before filing with the court, the plaintiff orders an appraisal of the joint property or part of it, which, in his opinion, is subject to distribution. The court fee will be calculated based on the value of the claim;
• list of attached documents;
• the signature of the plaintiff and the date of signing the statement of claim.

The template provided in the samples will help you to simplify the process of preparing your claim. You can use it as a model for drawing up your own statement of claim, but remember that if you make a mistake, the court does not accept your statement for consideration, and it does not compensate for the court fee that you already paid before filing a claim.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: division of the common property of spouses, 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 divorce, property appraisal, property division agreement, prenuptial agreement.

Court fee for filing an application for division of property in court in Ukraine

In the selected one, you must receive a receipt with details for the payment of the court fee. The amount of the court fee for the services of the court is calculated on the basis of a combined principle and depends on the price of the claim for the division of property. Today it is possible to get a receipt and calculate the court fee online using the official court portal – Judicial power of Ukraine [/ mask_link ].

1. Court fee, which the plaintiff will have to pay for a property claim stipulated in the Law of Ukraine “On Court Fee”. It consists of a fixed portion and a percentage of the assessed value of the property.
2. If a combined claim is filed with the court (both for divorce and division of property), the amount of the fee will be in two parts. You will have to pay 908 hryvnia (as of 2021) for a divorce and add a court fee, depending on the amount of the property claim.
3. In the case when the property is not subject to assessment, it will be necessary to pay a court fee for it, determined by law.

Without a receipt for payment of the fee, the court office will not accept the statement of claim.

Submission of a statement of claim to the court in Ukraine

Most often, a property dispute between spouses who is breaking up is dealt with in a district court. It is in his jurisdiction that claims of various values ​​are located. The application is submitted to the court secretariat, registered and accepted in the office work, rejected or returned with comments on revision.

• The statement of claim is submitted to the judicial authority at the place of residence of the defendant. According to the Civil Procedure Code of Ukraine, if the main object of division is real estate, you should apply to the court at the place of its location.
• The claim is provided together with a receipt for the paid court fee and a package of documents collected for the property and for the claim.
• The judicial authority operates according to the following algorithm. The court determines the proportions of the divisible property for each party (by default they are equal, unless otherwise specified in the marriage contract). Further, it divides the property into personal and jointly acquired, and then carries out the actual separation in kind, in financial terms, or a combination of both.

Term for consideration of a statement of claim on division of property in Ukraine

The law establishes a two-month period for consideration of cases on the division of property. Ideally, this should elapse from the time the application was made to the date the decision was made. When considering cases, sometimes judges reduce the term to a month.

• At the agreed time, the claim is registered, the case is considered at the previous meeting. Practice shows that the meeting is scheduled 1-2 months after the plaintiff goes to court.
• After that, the date of the main meeting is called (20-45 days after the previous one). If the court decides to postpone it, the consideration of the case is postponed for another 3-6 weeks.
• When the decision is made, the judge prepares its final version. Theoretically, this is given 5 days, in fact, the process can be delayed for several weeks.

The division of property in court may take longer than the time prescribed by law due to repeated postponements of meetings and other delays.

Rendering of a court decision on the division of the spouses’ property and its entry into force in Ukraine

According to the Civil Procedure Code of Ukraine, the court decision comes into force one month after its adoption in order for the interested party to be able to file a complaint or appeal, if necessary.

1. The court decision on the property claim of one of the spouses in view of the fact that the specified property will be divided between the spouses in a certain way. The division by court does not necessarily coincide with the requirements of the plaintiff.
2. An appeal can be made within one month after the decision is made. If it doesn’t, it will take effect.

Output in Ukraine

The joint property of the spouses can be divided by means of an agreement. However, in the absence of consent on the division of property, one of the spouses may apply to the court with a statement of claim. You cannot go to court to divide property, during or after a divorce. In the latter case, a maximum of three years after one person noted violations of his interests.

In this case, jointly acquired property, unless otherwise provided by the contract, is divided between husband and wife in equal shares, regardless of the personal contribution of each. However, this does not apply to the spouses’ personal property, which is indivisible upon divorce.

In order to avoid lawsuits and not incur additional legal costs, it is often more convenient for spouses to conclude an agreement on the division of property.

Useful site materials rozluchennya-onlain.com.ua:

1. Marriage contract
2. Property division agreement
3. Property appraisal
4. Separation of housing in case of divorce
5. Separation of different types of property
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