✅ Division of property in a civil marriage

Division of property in a civil marriage

Division of property in a civil marriage in Ukraine

Our family lawyers are often asked the following questions: How to divide property in a civil marriage? How to draw up a statement of claim when dividing property in a civil marriage? What are the conditions of keeping a man or woman of pre-retirement age after a divorce?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Division of property in a civil marriage” 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 right to property of women and men who live together but not married in Ukraine

  1. If a woman and a man live in one family, but are not married to each other or in any other marriage, the property acquired by them during their cohabitation belongs to them on the basis of the right of common joint property, unless otherwise provided by a written agreement between them.
  2. Property subject to the common joint property rights of a woman and a man who are not married to each other or in any other marriage is subject to the provisions of Chapter 8 of the Family Code.

Division of property acquired in a civil marriage in Ukraine

Under certain conditions, the legal regime of a property community can also operate between those men and women who are not married (de facto spouses).

This is possible, firstly, if the spouses actually live in one family, secondly, if the property was acquired during the period of such cohabitation, and thirdly, unless otherwise established by a written agreement between them.

In this case, it is necessary to take into account several circumstances.

Firstly, the original version of Article 74 of the UK was worded differently. Previously, it contained the following norm: “If a woman and a man live in one family, but are not married to each other, the property acquired by them during their cohabitation belongs to them on the basis of the right of common joint property, unless otherwise established by a written agreement between them.” …

At first glance, the textual differences are subtle.

In fact, they are significant in their content and legal consequences, because the initial version could lead to a paradoxical situation in which the actual spouses (one of them or each of them) are already in registered marriages with other persons, and then the problem of choosing a “priority marriage “for the division of property, which made it possible to ignore even a registered marriage.

Therefore, quite reasonable changes were made.

Secondly, before the introduction of the IC, the then family legislation did not extend the regime of common joint ownership to the property relations of the actual spouses.

However, such property could arise only on a civil-law contract basis.

Actually, this circumstance drew attention to the Supreme Court of Ukraine, which in its decision, in particular, noted that property acquired during cohabitation by persons who are not in a registered marriage with each other is the object of their joint ownership if:

  • property acquired as a result of the joint work of such persons in the family (in this case, joint labor should be considered their common or individual labor efforts, as a result of which they received general or personal income, combined in the future to obtain common property, conduct a common household, household and budget );
  • otherwise is not established by a written agreement between them.

Determination of the fact of cohabitation and joint ownership in Ukraine

Also, for the extension of the norms to property relations between persons living in a registered marriage, the determining circumstance is not only the fact of cohabitation, but also the presence of actual marriage relations.

So, in the decision of the Supreme Court in the case, it is noted that the following evidence applies to the legal relationship between a man and a woman who live in a de facto marriage relationship, and for the recognition of property acquired during the de facto marriage relationship as common joint property:

  • common housekeeping;
  • the parties have a common budget;
  • carrying out joint expenses;
  • acquisition of other property in the interests of the family.

Consequently, the Supreme Court considers the conclusions of the Court of Appeal on the existence of grounds for satisfying the claim on the basis of using the services of the parking lot, granting powers of attorney to the plaintiff to represent the interests of a person as an individual – entrepreneur, joint trips, to be correct.

In addition, the court of first instance came to a reasonable conclusion that “the plaintiff’s references to periodic cohabitation is not sufficient to recognize the fact that a man and a woman live in one family without marriage in the understanding without the presence of other families”.

To determine the rules of legal regulation between de facto spouses, one should take into account the SK rule, according to which the exercise of the right of common joint property between de facto spouses is governed by the rules established by Chapter 8, which regulates the legal regime of common joint property of spouses.

This means that, in fact, spouses have the same rights in the exercise of the right to common property as officially registered spouses.

This applies, in particular, to such rights for the allocation, division of common property, the procedure for exercising and disposing of them, etc.

The practice of division of property in a civil marriage in Ukraine

Thus, in the case, the Supreme Court applied the presumption of the commonality of the acquired property by persons living in an unregistered marriage and the divided real estate acquired by one of the actual spouses during their actual cohabitation (which was established in court) under an investment agreement.

The main argument for the Supreme Court was the recognition of the investment contract, which was concluded in the interests of the family, as well as the fact that the defendant proved the fact of acquisition for her personal funds in denial of the fact of acquiring the disputed property for general funds.

So the court dismissed the cassation appeal, upholding the decision of the court of appeal on the division of the common joint property acquired during the cohabitation of one of the parties, and the recognition of ownership of a part of the non-residential premises.

So in the decision of the Supreme Court as part of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation in the case, it is noted that the decision of the court of first instance is motivated by the fact that, on the basis of appropriate and admissible evidence, it was established that Person I.A. and the face of Yu.A. lived as one family without marriage registration, led a common life, had mutual rights and obligations, during this period they were not in another registered marriage, therefore there are grounds for satisfying the requirements of Person Yu.A. on the establishment of the fact of residence of the parties during this period as one family without registration of marriage.

Having established that the person I.A. and the face of Yu.A. they bought a car with common funds, the court considered that this property, in accordance with their common joint property, with equal shares. ”

Therefore, the Supreme Court refused to satisfy the cassation appeal, which is the heir of Litsa I.A.

The difference between the property rights of persons living in registered and unregistered marriages in Ukraine

At the same time, there are differences between the property rights of persons living in registered and unregistered marriages.

So, unlike the official spouse, the second of the actual spouses, even when establishing the fact of living together without marriage, the fact of being dependent, does not give rise to the husband’s right to a pension in connection with the loss of a breadwinner, and the second from the actual spouses acquires the right to inherit the spouse whom he survived, only the fourth line, and not the first line of heirs under the law (as is done with inheritance by one of the spouses in an official marriage), etc.

For example, in the event of the death of a husband, the wife who was in a de facto marriage with him acquires the right to inherit only from the 4th line of heirs by law.

Family lawyer in cases of division of property in a civil marriage in Ukraine

For an effective solution to the case on the division of property in a civil marriage, 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 the division of property in a civil marriage.

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 resolving the case on the division of property in a civil marriage is to contact good family lawyers!

If the article “Division of property in a civil marriage” was useful for you – 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 the division of property in a civil marriage.

Frequently asked questions to a lawyer in Ukraine

Evidence of common cohabitation of spouses?
What is the difference between the property rights of spouses living in a civil marriage from the rights that acquire spouses in an officially registered marriage?
What is the object of common joint property of spouses, is in a civil marriage?

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. Personal private property of spouses
  5. Common joint 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
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Checked by Victoria on 23.06.21

ADVEGO

marriage 34 2.71
property 28 2.23
joint 26 2.07
general 19 1.51
actual 17 1.35
family 15 1.19
between 14 1.11
right 14 1.11
spouse 14 1.11
civilian 13 1.04
property 13 1.04
civil marriage 12 0.96 / 1.91
stay 12 0.96
civil property 11 0.88 / 1.75
property in a civil marriage 11 0.88 / 2.63
register 10 0.80
one 10 0.80
buy 10 0.80
reside 10 0.80
family 10 0.80
living together 10 0.80 / 1.59
joint ownership 10 0.80 / 1.59
lawyer 9 0.72
common joint 9 0.72 / 1.43
actual spouses 9 0.72 / 1.43
female 8 0.64
property acquired 8 0.64 / 1.27
male 8 0.64
men women 8 0.64 / 1.27
common joint property 8 0.64 / 1.91
set 8 0.64
fact 8 0.64
supreme 7 0.56

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SKRIABIN
Evidence of common cohabitation of spouses?
The decision of the Supreme Court in the case notes that it applies to the legal relationship between a man and a woman who live in a de facto marriage relationship, and for the recognition of property acquired during the actual marriage relationship as common joint property, the necessary evidence, such as running a common household, the presence of parties to the joint budget, carrying out joint expenses, acquiring other property in the interests of the family.
What is the difference between the property rights of spouses living in a civil marriage from the rights that acquire spouses in an officially registered marriage?
So, unlike the official spouse, the second from the actual spouses, even when establishing the fact of living together without marriage, the fact of being dependent does not give rise to the person's right to a pension in connection with the loss of a breadwinner, the second from the actual spouses acquires the right to inherit from those of the spouses, whom he survived, only in the fourth place, and not in the first place of heirs by law (as is carried out when inheriting by one of the spouses in an official marriage), etc.
What is the object of common joint property of spouses, is in a civil marriage?
This property acquired as a result of the joint work of such persons in the family (in this case, joint labor should be considered their common or individual labor efforts, as a result of which they received general or personal income, combined in the future to obtain common property, conduct a common household, household and budget) and otherwise is not established by a written agreement between them.