✅ Common joint property of spouses

Common joint property of spouses

Common joint property of spouses in Ukraine

Our family lawyers are very often asked the following questions: What is included in the concept of common joint property of spouses? How to sell the common joint property of the spouses?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Common joint property of spouses” 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.

  1. The property acquired by the spouses during the marriage belongs to the wife and husband on the basis of joint ownership, regardless of the fact that one of them, for a good reason, did not have education, housekeeping, child care, illness, independent earnings (income).
  2. It is considered that every thing acquired during marriage, except for things of individual use, is the object of the right of joint joint property of the spouses.

In the UK, a general legal basis for the extension of the legal regime of the community of property acquired by spouses during the marriage is fixed.

Such a marriage is understood as a marriage committed in compliance with the requirements for state registration.

The stay of the spouses in marriage determines the extension of the regime of the right of common joint property to certain of their property.

In the absence of a marriage contract between the spouses, the legal regime of their property is determined in accordance with the provisions of family law, which are mandatory, that is, the spouses cannot unilaterally change the legal regime established by law at their discretion.

However, spouses are not deprived of the right to perform, in accordance with the established procedure, any actions on the property acquired during the marriage, including dividing it in any shares among themselves.

Otherwise, there would be a limitation of the rights of spouses in the exercise of the rights of co-owners.

Historically, the main principle of the spouses’ rights to property has become the principle of the community of all that property (with the exceptions directly established by law) acquired by them during marriage.

At the same time, the spouses were given equal rights to property, and in the event that one of them was at school, was ill, was busy with housekeeping, caring for children, or for other valid reasons did not have an independent income.

From a legal point of view, such a norm actually affirms the presumption of belonging to spouses on the basis of common joint ownership of all property that they acquire during marriage.

The existence of such a presumption has not only theoretical, but also practical significance, because it makes it easier for the courts to determine the legal fate of the property, especially in cases where the spouses do not establish a special legal regime for the property acquired during the marriage by a marriage contract.

In the UK, the presumption of community of property has been preserved, but a slightly different approach to the ratio of common and separate property has been laid.

So, the settlement of property relations began with an article on common joint property, then in the UK, on the contrary, from an article on the personal property of spouses.

In other words, with the adoption of the IC, the right of common joint property seems to lose its dominant importance in the system of property relations between spouses.

This approach of the developers of the Investigative Committee is to a certain extent illogical, since the peculiarity of the rights of spouses to property is, first of all, its community, not separation.

In the UK, in general, the fundamental provisions have been preserved, but with some editorial features.

So, according to the norms of the UK, property acquired by spouses during marriage belongs to the wife and husband on the basis of the right of common joint property, regardless of the fact that one of them did not have for a good reason (education, housekeeping, childcare, illness, etc. etc.) independent earnings (income).

In the legal literature, the construction is quite rightly considered such that it consolidates the presumption of community of spouses’ property and is of practical importance, because the fact of being married is sufficient evidence of the operation of such a legal property regime, which, however, can be refuted in court at the suit of one of them.

Such legislative succession is obviously due to the presence of positive experience in the application of the above provision.

However, in our opinion, there are still opportunities for improving the provisions of the study on joint property of spouses.

Yes, they do not directly explain the content of the concept “property acquired (acquired) by spouses during marriage”.

It is quite understandable that the property that was acquired by each of them before marriage and after marriage cannot be considered.

Understanding the concepts of “acquired” and “acquired” property in Ukraine

However, certain difficulties can be caused by the interpretation of the terms “acquired” or “acquired”.

These terms in legal practice are quite rare, since they are more of an everyday, rather than legal, semantic meaning.

The term “acquired property” also does not define specific grounds for the acquisition by spouses of property in common ownership.

In a word, the meaning of the terms “acquired”, “acquired” property does not yet have its own unambiguous interpretation.

Such ambiguity in the understanding of this term does not contribute to the application of legal norms in practice.

Therefore, in the scientific doctrine, in the legal positions of the Supreme Court, it would be desirable to disclose the content of the concept of “acquired property”, which would more clearly reproduce the legal essence of legal relations that ensure the emergence of the spouses’ right of common joint property, which can be done, in particular, by listing specific legal grounds ensuring the emergence of the spouses of the right of common joint property.

Common joint property of spouses in Ukraine

In our opinion, the common joint property of the spouses can be considered the property that is acquired or acquired by them by:

  • receiving income from work in the public sector of the economy;
  • from participation in entrepreneurial activity;
  • from transactions concluded by both spouses or by one of them;
  • at the expense of common funds or other property;
  • the creation of certain material goods by the individual work of one of the spouses or both;
  • from participation in receiving dividends.

Equality of rights to property in marriage in Ukraine

Spouses enjoy equal rights to property even if one of them was engaged in housekeeping, caring for children or, for other valid reasons, did not have an independent income.

Thus, the legislator actually equated housekeeping, raising children in the activities of spouses in the public sector of the economy (private, state, communal).

The introduction of this norm into Soviet family law was conditioned by the existence of Leninist principles or ideas in family relations.

Therefore, in the legal literature, it was believed that the lack of independent earnings of one of the spouses should not deprive him of the right to jointly acquired property, if he took part in its creation in another form or could not do it for good reasons.

The rule on the community of spouses’ property was also extended by Soviet family law and jurisprudence to those cases when the contribution of each of the spouses to the family budget was noted to be uneven due to the unequal amount of earnings of each of them.

However, there is no clause in the UK that the degree of participation of each of the spouses does not affect the scope of their rights to joint property, which in practice may lead to a different interpretation of this fact.

But it only expanded, the list of specific grounds for non-participation of one of the spouses in the acquisition of property, the presence of which preserves the principle of community of property (study, illness).

Circumstances under which the regime of community of property is maintained between the spouses in Ukraine

So, according to the property acquired by spouses during marriage, belongs to the wife and husband on the basis of common joint property, regardless of the fact that one of them did not have independent earnings (income) for valid reasons:

  • education;
  • housekeeping;
  • care for children;
  • disease.

That is, this article contains an indicative list of valid reasons, in the presence of which one of the spouses did not have independent earnings (income) to form the general family budget.

But there is no doubt that the circumstances that preserve for each of the spouses an equal right to property in common joint ownership may also be:

  • disability;
  • stay on urgent service in the Armed Forces of Ukraine;
  • fulfillment of public duty and the like.

This provision and the expediency of its inclusion in the IC has a drawback, because it focuses not on the basis of the emergence of the right of common joint property, but on individual circumstances, in the presence of which the spouses retain the communal property regime.

The emergence of the right to common joint property in Ukraine

Specific types of grounds for the emergence of the spouses’ right to common joint property are also not disclosed in the UK.

Therefore, taking into account the foregoing, we consider it expedient to interpret the norm in such a way that all property acquired by the spouses during the marriage is their common joint property, that is:

  • funds from participation in social production;
  • funds from entrepreneurial activities and other socially useful activities;
  • property created by joint labor;
  • property acquired at the expense of the spouses’ common funds.

Spouses own property on the basis of common joint ownership, regardless of the amount of their contribution to the family budget, did not have independent earnings or other income in connection with housekeeping, caring for minors or disabled children, illness or disability, or for other valid reasons.

When the community of property regime ceases to operate in Ukraine

There may be a question about the content of unreasonable reasons that prevented the replenishment of the family-wide budget.

Undoubtedly, this can take place when there are no valid reasons for the non-participation of the spouses in the creation of common property.

It seems that the non-participation of the husband in the creation of the family budget in connection with his stay in places of imprisonment cannot be considered respectful.

However, it is not advisable to lay such a circumstance in the law as a basis preventing the emergence of the right of common joint ownership. Another thing is that the court is not deprived of the right in such situations, at the request of one of the spouses, to recognize the property acquired by each of them in such situations as separate property.

Presumption of ownership of every item acquired during the marriage in Ukraine

In the UK, the presumption of belonging to the spouses on the basis of the common joint ownership of each thing acquired during the marriage is fixed, except for things of individual use.

In fact, the same presumption is enshrined in the UK, but with respect to property, acquired by spouses during marriage.

As already noted in the literature, in this case there is a duplication of legal norms. Such duplication really takes place, because property is considered to be a separate thing, a set of things, as well as property rights and obligations.

Therefore, if the property acquired by the spouses during the marriage is recognized as their common joint property, there is no need for such recognition of each thing that is part of the entire property.

The presumption of the community of the property acquired by the spouses during the marriage is fixed, as any presumption can be refuted if there is evidence of its acquisition for personal funds.

Actually, this is the legal position of the Supreme Court of Ukraine, which in its decision noted that the fact of acquiring property during marriage does not automatically include this property in the common joint property of the spouses, it is necessary to check for what funds such property was acquired.

Family lawyer in cases of common joint property of spouses in Ukraine

For an effective solution to the case of common joint property of spouses, you should contact professional family lawyers.

Property 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 common joint property of the spouses.

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 joint property case of spouses is to contact good family lawyers!

If the article “Common joint property of spouses” was useful for you, please like us. We will provide you with the most relevant and useful information in the field of family law, as well as new changes in the legislation of Ukraine regarding common joint property of spouses.

Frequently asked questions to a lawyer in Ukraine

Will there be rights to the property of the wife and husband of the level, if one of them, for valid reasons, did not have income during a certain period?
Is the funds received as dividends considered common joint property?
Are funds from entrepreneurial activities considered joint property of the spouses?

Useful site materials advokat-skriabin.com:

  1. Division of property of spouses
  2. Amount of shares in the property of the spouses
  3. Imposition of foreclosure on the property of spouses
  4. Division of property in a civil marriage
  5. Personal private property of spouses
  6. Objects of the right of common joint ownership
  7. The right to property that has increased significantly during the marriage
  8. Exercise by spouses of the right of common joint property
  9. Disposal of property of spouses
  10. The right to use the property of the spouses
advokat-skriabin.com

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Checked by Victoria on 23.06.21

ADVEGO

property 51 2.97
spouse 51 2.97
general 38 2.21
property 36 2.10
joint 35 2.04
joint ownership 33 1.92 / 3.84
total joint 31 1.80 / 3.61
common joint ownership 31 1.80 / 5.41
marriage 24 1.40
right 23 1.34
buy 23 1.34
family 20 1.16
property of spouses 15 0.87 / 1.75
joint property of spouses 15 0.87 / 2.62
common joint property of spouses 14 0.81 / 3.26
general law 14 0.81 / 1.63
right of common joint 14 0.81 / 2.44
the right of common joint ownership 14 0.81 / 3.26
property acquired 13 0.76 / 1.51
one 13 0.76
legal 12 0.70
May 11 0.64
community 11 0.64
reason 10 0.58
spouses of marriage 10 0.58 / 1.16
respectful 10 0.58
legal 10 0.58
lawyer 9 0.52
earnings 9 0.52
it is 9 0.52
presumption 9 0.52
mode 9 0.52
case 9 0.52

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SKRIABIN
Will there be rights to the property of the wife and husband of the level, if one of them, for valid reasons, did not have income during a certain period?
Spouses enjoy equal rights to property even if one of them was engaged in housekeeping, caring for children or, for other valid reasons, did not have an independent income.
Is the funds received as dividends considered common joint property?
So, the common joint property of the spouses can be considered the property that is acquired or acquired by them by receiving dividends.
Are funds from entrepreneurial activities considered joint property of the spouses?
Thus, funds from entrepreneurial activity and other socially useful activities are referred to the joint joint property of the spouses.