✅ Division of property of spouses

Division of property of spouses

Division of property of spouses in Ukraine

It should be noted that Article 60 of the UK establishes the presumption of the spouses’ joint ownership of property acquired during marriage. That is, all property acquired by the spouses during the marriage is considered common joint property until the court decides otherwise.

When resolving a dispute on the division of property between spouses, the court must determine the amount of jointly acquired property available at the time of the termination of joint farming, and find out the source and timing of the acquisition. The common property of the spouses subject to division can be any type of property, regardless of the name of the husband, which they acquired with funds or paid, unless otherwise provided by the marriage contract or the law (decision of the Supreme Court on January 16, 2019, case 725/2488/16 – c).

In this case, one of the spouses can challenge the right to joint ownership of certain assets in court. The burden of proof of the circumstances precluding such joint ownership lies with the spouse, who denies this (decision of the Supreme Court of Ukraine of May 24, 2017 in case No. 6-843ts17, decision of the Supreme Court of January 31, 2019 in case No. 686/23104 / 17).

When dividing property, the debts of the spouses and legal relations for obligations arising in the interests of the family are also taken into account (part 4 of article 65 of the SK). For example, if a spouse acquired an apartment on credit during marriage, in addition to the right of common property, there is also an obligation in the interests of the family in the form of the return of the borrowed amount of money, regardless of who the loan was issued to. In this case, the loan will be paid by the spouses jointly and severally, since the agreement concluded by one of the spouses in the interests of the family creates obligations for the other spouse if the property received under the agreement is in the interests of the family (Supreme Court ruling of January 31, 2019 in case No. 686 / 23104/17 ).

In the case of self-repayment of debts by one of the spouses at his own expense, such a spouse may demand compensation from the other spouse when considering a dispute on the division of the spouses’ property or separately, declaring claims for reimbursement of expenses for fulfilling obligations under this agreement, since they were concluded under this agreement. the funds were used in the interests of the family (decision of the Supreme Court of 18 April 2018, case No. 1601/6226/12).

The procedure for the distribution of the common property of the spouses in Ukraine

The division of property is possible on a voluntary or judicial basis. The division of property takes place on a voluntary basis by concluding an agreement on the division of the common property of the spouses, in the case of real estate it is notarized. In a judicial proceeding, the division of the common property of the spouses under the claim is carried out by filing a statement of claim by one of the spouses with the corresponding requirements against the other spouse.

A claim for division of property can be filed within three years from the moment when one of the spouses who filed the claim learned or should have learned about the violation of his property right. The mere fact of divorce does not mean a violation of the property rights of any of the spouses. Failure to file a claim for the division of property even within three years from the date of divorce in the absence of evidence confirming objections to the right of one of the spouses to property acquired during the marriage, filed in favor of the other spouse, cannot testify to a violation of rights and indicate to them the beginning limitation period (decision of the Supreme Court of April 26, 2018 in case No. 466/9338/16-s).

Dissolution of a marriage does not in itself terminate the common ownership of property acquired in marriage. Thus, after a divorce, the spouses cannot divide the joint property of the spouses, but rather agree on the procedure for using this property. Such an agreement can be reached orally in a simple written or written notarial form (decision of the Supreme Court of 18 July 2018 in case No. 477/1891 / 14-c). At the same time, it is necessary to distinguish between an oral agreement on the procedure for the use of the spouses’ common property and an agreement on the division of property. At the same time, such an oral agreement precedes further written confirmation of this agreement, which means that this is only a preliminary agreement on the division of property (Resolution of the Supreme Court of April 26, 2018, case No. 466/9338 / 16-c).

Compensation for part of property that cannot be divided in Ukraine

As a rule, the shares of the spouses in the common property are the same. The share of one of the spouses can be increased if the child lives with him, the man or woman has evaded the obligation to support the family, child, etc.

The common property is distributed among the spouses in the form of payments in kind. Indivisible things are transferred to one of the spouses. Valuable property, such as a house, apartment, land, etc., which cannot be divided into contributions in kind according to the share of the co-owners, can be divided by payment of compensation. For example, if one of the spouses applies to the court with a request to terminate the other spouse’s right to a share in a common property upon receipt of monetary compensation, the plaintiff must satisfy such a requirement and deposit the required amount into the court’s deposit account, and the Respondent must agree that his share in the property, in turn, will receive guaranteed monetary compensation.

If the plaintiff seeks not to deprive the defendant of ownership of the common property through the payment of compensation, but rather his right to a share of the property with compensation in his favor, the court may grant such a claim, if this is not excessive for him (Supreme Court ruling of April 18 2018 case No. 1601/6226/12). Conversely, if one of the plaintiff spouses proves that the amount of compensation for the other defendant spouse is “available,” the court will refuse compensation and determine the spouses’ ideal shares in common law. Property without its immovable division on the basis of a judicial opinion of the Supreme Court of Ukraine in case No. 6-2811ts15 dated March 30, 2016.

Useful site materials advokat-skriabin.com:

  1. Lawyer in Zaporozhye
  2. Alimony lawyer
  3. Divorce
  4. Deprivation of parental rights
  5. Determining the child’s place of residence
  6. Departure of the child abroad
  7. Elimination of obstacles in communication with the child
  8. Obtaining a court decision
  9. Apostille on documents
  10. Obtaining duplicate duplicates of documents at the registry office
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Checked by Victoria on 22.06.21

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