✅ The right to use the property of the spouses

The right to use the property of the spouses

The right to use the property of the spouses in Ukraine

Our family lawyers are often asked the following questions: What is the procedure for using the spouses' property? How to make a claim to determine the procedure for the use of residential premises? Why conclude a contract for the use of common property?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “The right to use the 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 right of spouses to determine the procedure for the use of property in Ukraine

The spouses’ right to determine the procedure for the use of property

  1. The spouses have the right to agree among themselves on the procedure for the use of the property that belongs to him on the basis of the right of common joint ownership.
  2. An agreement on the procedure for the use of a residential house, apartment, other building or structure, land plot, if notarized, obliges the legal successor of the wife and husband.
  3. Since the spouses are co-owners, they are given the right, at their own discretion, to agree among themselves on the procedure for using individual things or their aggregate that belong to them on the basis of the right of common joint ownership.

Of course, such an agreement must be secured by an appropriate agreement in compliance with the requirements established for transactions. They may also stipulate the conditions for the use of such property by other family members or third parties to such an agreement.

The norm of part 1 of Article 69 of the Family Code of Ukraine is editorially formulated in such a way that it should be applied only in relation to the existing common property of the spouses, and not what may be acquired in the future, the legal regime of which may be determined by the marriage contract between the spouses.

The legislation does not establish special mandatory requirements regarding the form of such agreements, and therefore they can be concluded in accordance with the general provisions on transactions.

The spouse’s right to determine the procedure for the use of property in Ukraine

The legal consequences of an agreement on the procedure for the use of immovable property in the event of its notarization are determined by the Family Code of Ukraine. Such an agreement “obliges the legal successor of the wife and husband.”

In other words, the terms of such an agreement are binding on the legal successor of the wife and husband.

A similar norm is provided for in part 4 of Article 358 of the Civil Procedure Code of Ukraine, according to which a notarized agreement between co-owners on the procedure for possession and use of common property in accordance with their share in the right of common shared ownership is also mandatory for a person who subsequently acquires a share in such a right.

The spouses’ right to determine the procedure for the use of property in Ukraine

On the Internet, it is found that the norm of part 2 of Article 66 of the Family Code of Ukraine has been questioned and it is argued that the agreement of the spouses on the procedure for the use of their property is valid only for the parties to the contract, and therefore there can be no obligations to use certain property in the legal successors of the wife and husband.

Such a statement is not legally correct, because one cannot deny the effect of the norm actually enshrined in Article 66 of the Family Code of Ukraine, does not deprive us of the right to deny the advisability of its enshrining in the Code.

Meanwhile, it can be assumed that the legal successors of such an agreement have the opportunity to demand that it be declared invalid according to the general provisions of Chapter 16 of the Civil Procedure Code of Ukraine on the invalidity of transactions.

Family lawyer in cases of the right to use the property of spouses in Ukraine

To effectively resolve the case on the right to use the 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 the right to use the 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 towards success in resolving a case on the right to use the property of the spouses is to contact good family lawyers!

If the article “The right to use the property of spouses” 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 the right to use the property of 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. Common joint property of spouses
  7. Objects of the right of common joint ownership
  8. The right to property that has increased significantly during the marriage
  9. Exercise by spouses of the right of common joint property
  10. Disposal of property of spouses
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Checked by Victoria on 22.06.21

ADVEGO

property 20 3.20
use 20 3.20
right 20 3.20
family 17 2.72
spouse 16 2.56
contract 13 2.08
order 13 2.08
use of property 12 1.92 / 3.84
order of use 12 1.92 / 3.84
property of spouses 10 1.60 / 3.20
lawyer 9 1.44
general 8 1.28
code 7 1.12
use of spouses’ property 7 1.12 / 3.36
property use rights 7 1.12 / 3.36
the right to use the property of the spouses 7 1.12 / 4.48
family lawyers 7 1.12 / 2.24
Ukraine 7 1.12
Code of Ukraine 6 0.96 / 1.92
use rights 6 0.96 / 1.92
definition 5 0.80
determination of order 5 0.80 / 1.60
determination of the order of use 5 0.80 / 2.40
procedure for using property 5 0.80 / 2.40
assignee 5 0.80
article 5 0.80
legal 5 0.80
wife 4 0.64
husband’s wife 4 0.64 / 1.28
between 4 0.64
may 4 0.64

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