- Exercise by spouses of the right of common joint property in Ukraine
- The right of common joint property of spouses in Ukraine
- Legal basis for the protection of property rights in Ukraine
- Family lawyer in cases involving the exercise by spouses of the right of common joint property in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Exercise by spouses of the right of common joint property in Ukraine
On our website advokat-skriabin.com you can familiarize yourself with the topic: “Exercise by spouses of the right of common joint property” 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.
Article 63. Exercise by spouses of the right of common joint property.
The wife and husband have equal rights to own, use and dispose of property belonging to them on the basis of the right of common joint ownership, unless otherwise established by agreement between them.
When the spouses exercise their powers in relation to their property, both the relevant rules of the UK and general provisions on the exercise by individuals of the owner’s powers, provided, in particular, by Articles 319-320 of the Civil Code, must be applied.
So, according to these articles, the owner at his own discretion owns, uses and disposes of the property belonging to him. He can commit any actions in relation to his property that do not contradict the law and moral principles of society, he cannot use property rights to the detriment of the rights, freedoms and dignity of citizens, the interests of society, and worsen the environmental situation.
Undoubtedly, the stated fundamental principles for the exercise by the owner of the powers belonging to him apply to the spouses, both the owners of their separate property, and as co-owners of the common property.
The right of common joint property of spouses in Ukraine
In accordance with Art. 63 SK each of the spouses has equal rights to own, use and dispose of common property. As a rule, the spouses reach an agreement on the exercise of the powers of the co-owners. Yes, they jointly own and use household items, a dwelling house, an apartment, and household appliances.
At the same time, the possibility of disputes arising between spouses over the use of their property cannot be ruled out. In our opinion, if one of the spouses creates obstacles for the other in the use of common property, the latter is not deprived of the right to apply to the court with the relevant claims.
However, the current family law does not contain provisions that would provide specific ways of protection against violations of the right to common property by one of the spouses (co-owner) or third parties. Therefore, obviously, this problem should be solved with the help of the subsidiary application of civil law norms.
In civil science, the extension of civil law to family relations, the rights of which are most akin to civil relations, is supported.
Legal basis for the protection of property rights in Ukraine
The main legal foundations for the protection of civil rights, including property rights, are formulated in the Civil Code (Articles 16, 386, 387, 388, etc.). Spouses can make full use of the civil law methods of protection of the right of common property defined in the Code; this is a rhiznonovid of the right of private property.
That is, each of the spouses has the same right to use substantive legal remedies for the property rights violated by other persons. The situation may be somewhat more complicated if one of the spouses creates obstacles for the other in the use of common property. Again, we can assume a conclusion about the admissibility of the use of civil law methods of protecting the rights of one of the spouses – co-owner from violations of his property rights by the other spouse. In particular, if such violations are not related to deprivation of ownership, one of the spouses may apply to the other spouse with a negative claim to remove obstacles to the exercise of ownership of common property.
At the same time, the legislation establishes certain special rules for the exercise by spouses of the powers of co-owners. As a general rule, when concluding contracts, one of the spouses is considered to act with the consent of the other spouse, and under certain contracts (for example, contracts requiring notarization), the consent of the other spouse must be provided in writing and notarized (Art. 65 SK).
Family lawyer in cases involving the exercise by spouses of the right of common joint property in Ukraine
For an effective solution of the case on the exercise by the spouses of the right of common joint property, one should turn to professional family lawyers.
- 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!
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 the case on the exercise of the spouses’ right to common joint property is to turn to good family lawyers!
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Frequently asked questions to a lawyer in Ukraine
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right 29 3.95
spouse 28 3.81
property 23 3.13
total 22 2.99
implementation 15 2.04
general 15 rights 2.04 / 4.08
family 15 2.04
total joint 13 1.77 / 3.54
common joint ownership 13 1.77 / 5.31
common joint rights 13 1.77 / 5.31
common joint property rights 13 1.77 / 7.07
joint ownership 13 1.77 / 3.54
joint 13 1.77
implementation by spouses 11 1.50 / 2.99
property 10 1.36
lawyer 9 1.22
the exercise by the spouses of the right 9 1.22 / 3.67
exercise by spouses of the right of common 9 1.22 / 4.90
spouses law 9 1.22 / 2.45
spouses’ rights common 9 1.22 / 3.67
spouses common joint rights 9 1.22 / 4.90
family lawyers 7 0.95 / 1.90
article 7 0.95
defense 6 0.82
may 6 0.82
one 6 0.82
single spouse 6 0.82 / 1.63
property rights 6 0.82 / 1.63
common property 5 0.68 / 1.36
eligibility 5 0.68
co-owner 5 0.68
legislation 4 0.54
apply 4 0.54
ratio 4 0.54
use 4 0.54