✅ Personal private property of spouses

Personal private property of spouses

Personal private property of spouses in Ukraine

Our family lawyers are often asked the following questions: What is the common joint property of the spouses? Can the award received by the husband be recognized as joint property? Can a gift to one of the spouses be considered joint property of the spouses?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Personal private 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.

The personal private property of the wife, husband is:

  • property acquired by her before marriage;
  • property acquired by her during marriage, but on the basis of a donation agreement or by way of inheritance;
  • the property acquired by her, by him during the marriage, but for the funds that belonged to her, to him personally;
  • housing acquired by her, by him during the marriage as a result of its privatization in accordance with the Law of Ukraine “On the privatization of the state housing stock”;

the land plot acquired by her, by him during the marriage as a result of the privatization of the land plot that was in her, his use, or received as a result of the privatization of land plots of state and communal agricultural enterprises, institutions and organizations, or received from the lands of state and communal property in within the norms of free privatization, determined by the Land Code of Ukraine.

Definition of personal private property in Ukraine

Personal private property of a wife and husband is personal belongings, including jewelry, even when they were acquired at the expense of the spouses’ common funds.

The personal private property of the wife, husband is the prizes, awards that she, he received for personal merit.

The court may recognize for the second of the spouses the right to a share of this premium, award, if it is established that by his actions (housekeeping, raising children, etc.) he contributed to its receipt.

The personal private property of a wife or husband is funds received as compensation for the loss (damage) of a thing that belonged to her, as well as compensation for moral harm caused to her.

The personal private property of a wife, husband is the sums insured received by her, by him on compulsory personal insurance, as well as on voluntary personal insurance, if insurance premiums were paid at the expense of funds that were the personal private property of each of them.

The court may recognize the personal private property of the wife, husband, the property acquired by her, by him during their separate residence in connection with the actual termination of the marriage relationship.

If in addition to the common funds and funds belonging to one of the spouses are invested in the acquisition of property, then the share in this property, according to the amount of the contribution, is his personal private property.

The analysis of the issues of the legal regime of the property of spouses will be carried out using a comparative analysis of the relevant norms, because most of the marriages are of a long-term nature and, accordingly, property can be acquired during the period of validity of these two codes, and then for a long time there will be a need to apply their norms when the courts consider property disputes over matrimonial property.

Spouses’ personal property rights in Ukraine

Spouses can have not only common property, but also property belonging to a separate wife and husband, has been regulated somewhat differently.

So, she identified property that does not enter the common joint property of both spouses, but is the object of the right of personal (private) property of one of them.

The legislator for such property of each of the spouses has applied the concept of “separate property of the spouses”.

This terminology does not mean at all that the legislator uses it to establish a certain new form of ownership. In our opinion, the legislator applied this method of legislative technique in order to more clearly delineate the right to joint property of spouses, since it is in fact an organizational and legal form of the existence of the right of private property of individuals, delimiting the property rights of each of the spouses, that is, it was created for the purpose of convenience in the use of terminology and prevention of confusion of different aspects of concepts that have the same legal nature.

Separation of premarital property in Ukraine

The property that belonged to each of the spouses before marriage, as well as the property received during marriage as a gift or by way of inheritance, is the property of each of them.

The norm on the separation of premarital property, as well as property received in marriage as a gift or by way of inheritance.

Actually, the principle of separation of premarital property of spouses in legal science has never been criticized, and no one doubted its fairness.

And this is understandable, because the automatic extension of the community regime to the premarital property of one of the spouses would contradict the legal nature of the property right as an absolute subjective right.

Without the consent of the owner, the premarital property of one of the spouses should not be transferred to common ownership.

Only the owner has the authority to own, use and dispose of the property belonging to him.

In the UK, such property relations between spouses are regulated somewhat differently.

So what is “Property that is the personal private property of the wife, husband?”

At first glance, there is no particular disagreement between the norm. In both cases, the premarital property does not become the common property of the spouses.

However, in reality, the difference is significant. Moreover, in the UK, this issue is not resolved in the best way.

First, the name itself, in one way or another, will resemble the personal property of citizens of the socialist period and does not contain sufficient signs of its delimitation from common property.

The legal regime of the spouses’ property contained two defining principles:

  • the principle of separation of premarital property;
  • the principle of community of property acquired in marriage.

That is, the terms “personal property” and “private property” are not identical either in form or in content.

Secondly, if the separate property of the spouses can be understood both as objects of property rights and the right to claim in a legal relationship, then in the IC such rights of claim are not provided, which is a gap in the law.

Donation and inheritance of property in Ukraine

The principle of separation of the property of the spouses, received by each of them as a gift or by way of inheritance, turned out to be correct.

He found his definite consolidation and continuation.

So, accordingly, property acquired by a wife or husband during marriage, but on the basis of a donation agreement or by way of inheritance, is their personal private property.

A gift can be carried out simultaneously to a husband and wife, for example, on the occasion of their marriage or a common significant date.

In this case, the gift should be considered common joint property, unless otherwise agreed by the donor.

That is, there should be a presumption that the gift belongs to both of the spouses on the basis of common joint ownership.

As a result of common inheritance, the spouses may have the right to common shared ownership of the hereditary immovable object in accordance with the shares provided for in the issued certificates of the right to inheritance.

Acquisition of property in marriage at a personal expense in Ukraine

The news is the provision that the personal private property of a wife, husband is “the property acquired by her, by him during the marriage, but for the funds that belonged to her, to him personally.”

The introduction into the UK of the rule on the recognition of the personal private property of one of the spouses of property acquired during marriage, but at the expense of his “personal” means, deserves support, because this approach to deciding the legal fate of property was formed in judicial practice, it is also shared by the authors of legal literature.

Actually, this corresponds to the general concept of building a system of legal regime for the property of spouses on the basis of permission and community.

Therefore, in itself, the transformation of property from one type to another (for example, money into other values, specific things into money) should not lead to a significant change in the regime of separation to the regime of community and vice versa.

However, the spouses have the right to determine the legal regime of separate property in the marriage contract or in a special agreement during their marriage.

Special attention should be paid to the provisions according to which the personal private property of the wife, husband is:

  • housing acquired by her, by him during the marriage as a result of its privatization in accordance with the Law of Ukraine;
  • the land plot acquired by her, by him during the marriage as a result of the privatization of the land plot that was in her, his use, or received as a result of the privatization of land plots of state and communal agricultural enterprises, institutions and organizations, or received from the lands of state and communal property in within the norms of free privatization, determined by the Land Code of Ukraine.

What else applies to separate property in Ukraine

The personal private property of one of the spouses in the property acquired for common funds and partially personal, will also be that part of it, which is equal to the amount of his personal contribution.

Separate property of each of the spouses also includes personal items (clothes, shoes, etc.), even if they were acquired during the marriage at the expense of common funds, with the exception of jewelry and luxury goods.

The content of the above norm allows us to conclude that it was not subject to expanded interpretation and the list of things for individual use cannot include vehicles used by one of the spouses, cultural and household appliances, and the like.

In the legal literature, this rule has not been and is not being questioned and criticized.

What type of property does the jewelry belong to in Ukraine?

The situation with jewelry and luxury goods is much more complicated, since neither the law nor judicial practice has yet formulated a definition of the concept of such property.

In this regard, in particular, it was proposed to consider things that are not necessary and have a significant value as jewelry and luxury goods, and at the same time it is necessary to take into account the standard of living of the family.

However, in any case, as indicated in the legal literature, such subjects may include:

  • precious stones and products from them;
  • other jewelry, for the purchase of which a significant amount of money from the general budget of the family was spent;
  • rare dishes;
  • paintings by famous artists;
  • antiques and other unique items.

This opinion was supported and somewhat supplemented in the Ukrainian legal literature, which noted that jewelry and luxury goods can be:

  • jewelry made of precious metals, stones;
  • antiques or other unique items;
  • products of extremely high cost.

This point of view, in comparison with the first, contains a rather important and specific criterion – these must be things of super-high value.

With this approach, jewelry made of gold and precious stones of ordinary value should be recognized as separate property of the spouse who uses them in everyday life.

Another thing is that the legislative terminology should be supported by specific criteria for the correct interpretation of a particular term, because the legal fate of the spouses’ property ultimately depends on this, as in this case.

However, the prospects for solving this problem are not yet visible.

Moreover, in the new legal regime, personal property and jewelry are defined in many ways in a new way, because “Personal private property of a wife and husband is personal belongings, including jewelry, even when they were acquired at the expense of the spouses’ common funds.” …

As you can see, the above norm contains two main novelties:

  1. Firstly, the UK does not provide an indicative list of things for individual use, which, of course, can create difficulties in considering disputes over the division of property between spouses.
  2. Secondly, it enshrines, without good reason, the principle of separation of values acquired for common funds, which were recognized as the common property of spouses.

Practice has confirmed the effectiveness of the design, one cannot but take into account at the present stage of rule-making.

We believe that the presence of such a norm in the new marriage and family legislation is necessary, because it is possible that the value of jewelry used by one of the spouses may exceed the value of all other property subject to division.

Under such circumstances, the spouse who invests most of the total funds in personal valuables will be in a more advantageous position, does not comply with the principle of justice.

However, jewelry acquired for the purpose of their investment savings cannot be considered the personal private property of each of the spouses.

Features of the section of awards and prizes in Ukraine

The recognition of the personal private property of the wife, husband of awards, awards received by each of them for personal merit, was the result of a long discussion of scientists on this problem.

At the same time, the legislator grants the court the right to recognize the second of the spouses the right to a share of this premium, an award, if it is established that by his actions (housekeeping, raising children, etc.) he contributed to its receipt.

The given rule must be interpreted with appropriate reservations:

  1. First, such bonuses should not include bonuses paid in accordance with the procedure established by the existing conditions of remuneration.
  2. Secondly, in awards it is necessary to understand awards expressed in monetary or material form (for example, a car award).

Refers to personal property insurance claims in Ukraine

The novelties of the IC are also the provisions that the personal private property of each of the spouses is the funds received as compensation for the loss (damage) of the thing due to each of them, as well as compensation for moral damage caused and insurance amounts received under compulsory personal insurance or voluntary personal insurance if the sums insured were formed at the expense of the personal (separate) funds of each of them.

Such provisions may be acceptable, but no answer is given regarding the solution of the issue of the legal regime of insurance amounts for voluntary personal insurance, if insurance premiums were formed at the expense of the common funds of the spouses.

However, a systematic analysis of the norms gives us reason to believe that in these cases, the entire insurance amount received by one of the spouses, and the amount of paid insurance premiums, should be considered common joint property.

The UK establishes an exception to the general rule on the presumption of the operation of the regime of community of spouses’ property acquired during marriage, since its rule gives the court the right to recognize the property acquired by each of them during their separate residence in connection with the actual termination of marriage relations as personal private property.

Partial private ownership in Ukraine

In Art. 57 SC contains another very important norm.

So, this article says: “If in addition to the general funds and funds belonging to one of the spouses are invested in the acquisition of property, then the share in this property, according to the amount of the contribution, is his personal private property.”

The proposed provision is not an absolute novelty, because it was formed in the judicial practice of the Soviet period. For example, M. filed a claim against N. for the division of property.

The plaintiff demanded that the property be allocated to her from the common property in the amount of UAH 2111.

By its decision, the Cherkasy Regional Court satisfied M.’s claim in part in the amount of UAH 2050.

N. disagreed with this decision and filed a cassation appeal against him, in which, in particular, he referred to the fact that the court had ignored the fact that his father had donated UAH 450 to him. to purchase a car.

The Judicial Collegium for Civil Cases in its decision noted that this circumstance cannot serve as a basis for changing the decision of the Cherkasy Regional Court, because it is clear from the case materials that the money was not given for the personal needs of the defendant.

Obviously, the Judicial Panel proceeded from the fact that money was given to both of the spouses. And if in the court session the fact of donating funds only to the defendant was established, then this circumstance could serve as a basis for allocating him a larger share in the common property. The position on this issue was more clearly expressed by the Presidium of the Vinnitsa Regional Court, which in its decision noted that when resolving a dispute on the division of the spouses’ common property, the court must take into account the investments in its acquisition made by one of the spouses at the expense of his separate property.

So, the consolidation of the investigated position in the current IC will in any case contribute to a better differentiation of separate and common property.

Family lawyer in cases of personal private property of spouses in Ukraine

For an effective solution of the case on the personal private property of the 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 personal private 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 resolving the case of personal private property of the spouses is to contact good family lawyers!

If the article “Personal private 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 on personal private property of spouses.

Frequently asked questions to a lawyer in Ukraine

Which is the personal private property of the wife and husband?
Or is the wife's personal private property the funds received by her as compensation for the moral harm caused to her?
Is there a common property of a wife, a husband, property acquired during marriage, but for funds that belonged to them personally?

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. 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
advokat-skriabin.com

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Checked by Victoria on 23.06.21

ADVEGO

property 62 2.59
property 55 2.30
spouse 54 2.26
personal 47 1.96
private property 35 1.46 / 2.93
personal private property 34 1.42 / 4.26
private 34 1.42
personal private 31 1.30 / 2.59
general 29 1.21
be 23 0.96
it is 22 0.92
tool 22 0.92
marriage 21 0.88
buy 21 0.88
right 18 0.75
property of spouses 18 0.75 / 1.51
husband 16 0.67
wife 15 0.63
husband’s wife 15 0.63 / 1.25
get 15 0.63
property of spouses 14 0.59 / 1.17
norm 14 0.59
one 14 0.59
family 13 0.54
name 12 0.50
personal private property of the wife 12 0.50 / 2.01
May 12 0.50
owned by wife 12 0.50 / 1.00

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SKRIABIN
Which is the personal private property of the wife and husband?
Personal private property of a wife and husband is personal belongings, including jewelry, even when they were acquired at the expense of the spouses' common funds.
Or is the wife's personal private property the funds received by her as compensation for the moral harm caused to her?
So, the funds received by her as compensation for moral damage caused to her belong to personal private property.
Is there a common property of a wife, a husband, property acquired during marriage, but for funds that belonged to them personally?
So, according to Art. 57 SK, property acquired by a wife, husband during marriage, but for funds that belonged to her, to him personally, is the common property of the wife, husband.