✅ Real estate for the payment of alimony

Real estate for the payment of alimony

Real estate for the payment of alimony in Ukraine

Our family lawyers are often asked the following questions: What is the prerequisite for transferring property to a child under an agreement? How to draw up an agreement on the payment of alimony on the account of an apartment? Conditions for invalidating the alimony contract?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Real estate for the payment of alimony” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

The ability to transfer immovable property for the payment of alimony in Ukraine

Termination of the right to child support in connection with the acquisition of ownership of real estate.

The one of the parents with whom the child lives, and the parent who lives separately from her, with the permission of the guardianship and guardianship authority, can conclude an agreement on the termination of the right to alimony for the child in connection with the transfer of ownership of real estate.

For example:

  • House;
  • apartment;
  • land plot and the like.

Conclusion of an agreement on the termination of the right to alimony at the expense of immovable property in Ukraine

Such an agreement is notarized. The right of ownership of real estate under such an agreement arises from the moment of state registration of this right in accordance with the law.

If the child has reached the age of fourteen, he takes part in the conclusion of this contract.

The acquirer of ownership of real estate is the child or child himself and the parent with whom he lives, on the basis of the right of common shared ownership of this property.

If such an agreement is concluded, the parent with whom the child lives undertakes to support him independently.

Alienation of property received by a child in payment of alimony in Ukraine

The conclusion of the contract does not relieve the parent living separately from the obligation to participate in the additional costs of the child.

Property received under an agreement in accordance with the Family Code cannot be foreclosed.

The property received by the child under this agreement may be alienated until he reaches the age of majority only with the permission of the guardianship and guardianship authority.

Termination of the contract for the receipt of real estate in payment of alimony in Ukraine

An agreement concluded in accordance with the Family Code is recognized by the court as invalid at the request of the alienator of immovable property if his name as a father is excluded from the child’s birth certificate.

If the contract is recognized as invalid, the alienator’s right of ownership of the immovable property is restored.

At the suit of the alienator of real estate, the contract concluded in accordance with the Family Code may be terminated if the parent with whom the child lives does not fulfill the obligation to maintain it.

Dispositive method of regulating family relations on the termination of the right to alimony in Ukraine

The dispositive method of regulating family relations is manifested in the fact that, according to par. 1 h. 1 tbsp. 190 of the Family Code, it is allowed to conclude an agreement between parents on the termination of the right to child support in connection with the acquisition of ownership of real estate.

The parent with whom the child lives, and the parent who lives separately from him, with the permission of the guardianship and guardianship authority, may conclude an agreement on the termination of the right to alimony for the child in connection with the transfer of ownership of real estate (residential building, apartment , land, etc.).

Termination of the right to alimony for a child in connection with the transfer of ownership of immovable property in Ukraine

The conclusion of an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of real estate raises numerous questions from lawyers.

An agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of real estate is notarized.

The procedure for certifying such an agreement is determined by subparagraphs 4.17-4.19 of paragraph 4 of Chapter 5 of Section II of the Procedure for the performance of notarial acts by notaries of Ukraine.

The emergence of ownership of immovable property was transferred on account of the payment of alimony in Ukraine

The right of ownership of real estate under such an agreement arises from the moment of state registration of this right in accordance with the law. The procedure for state registration of ownership of real estate is determined by the Law of Ukraine “On state registration of rights to real estate and their encumbrances.”

If the child has reached the age of fourteen, he takes part in the conclusion of this contract. This provision of par. 3 h. 1 tbsp. 190 of the Family Code complies with the provisions of Art. 32 of the Civil Code and Part 3 of Art. 177 of the Family Code.

Clause 19 of the Resolution of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony” states that parents have the right, with the permission of the guardianship and guardianship authority, to conclude an agreement between themselves on the termination of the right to alimony for a child in connection with the transfer of ownership of real estate (residential building, apartment, land, etc.), is subject to notarization and state registration (Article 190 of the Family Code).

Acquisition of title to immovable property received on account of payment of alimony in Ukraine

It is noted that the acquirer of the ownership of real estate is the child or child himself and the parent with whom he lives, on the basis of the right of common shared ownership of this property. If such an agreement is concluded, the parent with whom the child lives undertakes to support him independently.

According to subparagraph 4.18, clause 4 of Chapter 5 of Section II of the Procedure for the performance of notarial acts by notaries of Ukraine, the terms of the contract can be determined by the acquirer of the ownership of immovable property of both the child himself and the child, along with the parents with whom he lives, on the basis of common shared ownership on this property.

It has been established that the conclusion of the contract does not relieve the parent, who lives separately, from the obligation to take part in additional expenses for the child.

Allowing parents to conclude an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of real estate, the legislator also establishes certain guarantees for ensuring the child’s property rights: the property received under such an agreement cannot be foreclosed.

Despite the fact that the Appendix to the Law of Ukraine “On Enforcement Proceedings” dated June 2, 2016 No. 1404-VIII defines the List of property that cannot be foreclosed according to enforcement documents, and this List does not indicate real estate (residential building, apartment, land, etc.), which was obtained under an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of real estate, such real estate cannot be foreclosed in accordance with Part 4 of Art. 190 of the Family Code.

The property received by the child under this agreement can be alienated until the child reaches the age of majority only with the permission of the guardianship and guardianship authority (part 5 of article 190 of the Family Code).

This legal provision testifies to the fact that the guardianship and guardianship authorities ensure that the parents observe the child’s property rights.

The requirements for the validity of the transaction provided for by Art. 203 of the Civil Code, in particular, that a transaction made by parents (adoptive parents) cannot contradict the rights and interests of their minors, minors or disabled children.

Invalidity of the agreement on the receipt of real estate on account of the payment of alimony in Ukraine

In addition, according to Part 6 of Art. 190 of the Family Code, an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of immovable property is recognized by the court as invalid at the request of the alienator of immovable property if his name as a father is excluded from the child’s birth certificate.

If the contract is recognized as invalid, the alienator’s right of ownership of the immovable property is restored.

However, it should be noted that according to Part 1 of Art. 182 of the Civil Code, ownership and other property rights to immovable things, encumbrances of these rights, their emergence, transfer and termination are subject to state registration.

The procedure for state registration of ownership of real estate in Ukraine

The procedure for state registration of ownership of real estate is determined by the Law of Ukraine “On state registration of rights to real estate and their encumbrances.”

At the suit of the alienator of immovable property, an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of immovable property may be terminated if the parent with whom the child lives does not fulfill the obligation to maintain it (part 7 of article 190 of the Family Code ).

The case of termination of the agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of real estate is considered in the course of action.

Family Alimony Real Estate Lawyer in Ukraine

For an effective solution to a case in relation to real estate in order to pay alimony, you should contact professional family lawyers.

Alimony lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Contacting us is a way to save time and money in resolving the issue of real estate in order to pay alimony.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in solving a real estate case against payment of alimony is to contact good family lawyers!

If the article “Real estate for the payment of alimony” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding immovable property for the payment of alimony.

Frequently asked questions to a lawyer in Ukraine

☝ What property can be transferred to a child in support of child support?
☝ Do I need to notarize an agreement on the transfer of ownership of immovable property in payment of alimony?
☝ Can the property received on account of the payment of alimony before the child reaches the age of majority be alienated?

Useful site materials advokat-skriabin.com:

  1. The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren
  2. Control over the expenses of alimony
  3. Determination of the origin of the child whose parents are married to each other
  4. Determining the origin of a child whose parents are not married to each other
  5. Determination of the origin of the child from the father at the request of a woman and a man who are not married to each other
  6. Contesting paternity, maternity of a person paying alimony by court decision
  7. Determining the child’s surname
  8. Determining the name of the child
  9. Determining the patronymic of the child
advokat-skriabin.com

a donation agreement for the payment of alimony, an agreement on the payment of alimony on account of an apartment, an apartment on account of alimony Ukraine, real estate on account of alimony, an apartment instead of alimony, an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership, the procedure for certifying termination agreements rights to alimony, contract for the payment of alimony sample, alienation of immovable property until the child reaches the age of majority, contract for child support sample

google

Donation agreement for the payment of alimony
House on account of alimony
Transfer of immovable property on account of alimony
Is it possible to take a share in an apartment on account of alimony
How to sue an apartment for alimony
Is it possible to refuse alimony at the expense of an apartment
Apartment instead of alimony
Refusal of alimony in favor of an apartment

yandex

property alimony 7,355
alimony division of property 2 175
property alimony payment 1,662
recovery of alimony property 1,307
alimony + property for a child 859
divorce property division alimony 717
property alimony payment 515
property + alimony 505
+ on the recovery of alimony + and the division of property 480
application + for alimony + and division of property 461
application + for divorce alimony section of property 380
division of jointly acquired property recovery of alimony 289
claim + for alimony + and division of property 256
seizure of property + alimony 251
alimony by transfer of property

ADVEGO

estate 54 3.78
right 52 3.64
real estate 45 3.15 / 6.31
immovable 45 3.15
child 40 2.80
contract 36 2.52
alimony 34 2.38
property 30 2.10
property rights 27 1.89 / 3.78
family 27 1.89
property rights immovable 26 1.82 / 5.47
title to immovable property 26 1.82 / 7.29
property immovable 26 1.82 / 3.64
property immovable property 26 1.82 / 5.47
parent 19 1.33
alimony rights 17 1.19 / 2.38
termination 17 1.19
termination of the right to alimony 17 1.19 / 3.57
score 17 1.19
termination of the right 16 1.12 / 2.24
alimony account 16 1.12 / 3.36
payment 16 1.12
payment of alimony 16 1.12 / 2.24
code 15 1.05
payment account 15 1.05 / 2.10
child support 14 0.98 / 1.96
child support link 14 0.98 / 2.94
gear 14 0.98
child support rights 14 0.98 / 2.94
child support rights communication 14 0.98 / 3.92
termination of child support rights 14 0.98 / 3.92
communication child 14 0.98 / 1.96
communication 14 0.98
stay 13 0.91
parents live 13 0.91 / 1.82
communication child alimony 12 0.84 / 3.36
termination agreement 12 0.84 / 1.68
termination agreement 12 0.84 / 2.52
alimony termination agreement 12 0.84 / 3.36
May 12 0.84
transfer of rights 12 0.84 / 1.68
transfer of ownership 12 0.84 / 2.52
transfer of ownership of immovable 12 0.84 / 3.36

Rate article
( 2 assessment, average 5 from 5 )
Share to friends
SKRIABIN
☝ What property can be transferred to a child in support of child support?
✅ The alimony payer can transfer the right to immovable property against the payment of alimony - a residential building, an apartment, a land plot, etc.
☝ Do I need to notarize an agreement on the transfer of ownership of immovable property in payment of alimony?
✅ Yes, an agreement on the transfer of ownership of immovable property in payment of alimony must be notarized.
☝ Can the property received on account of the payment of alimony before the child reaches the age of majority be alienated?
✅ The property received by a child under such an agreement may be alienated until he reaches the age of majority only with the permission of the guardianship and guardianship authority.