Division of spouses’ property in Kyiv

Attorney for division of marital property

* please note that in the process of divorce, as a rule, questions related to alimony and division of property arise, which are not included in the packages listed above.
** by “court” we mean the full handling of the case in a single instance. For example: after the decision of the court of first instance, an appeal to the appellate court may be required.
*** subsequently paid additionally is the enforcement proceedings, the purpose of which is the actual enforcement of the court decision.
**** a power of attorney is necessary so that our lawyer can independently file documents in court and represent the client’s interests at hearings. The client can execute a power of attorney with any notary according to the provided sample.

The division of jointly acquired property during a divorce in Kyiv can be handled by our professional attorney. Divorce occurs quite often, and almost every divorce raises many contentious issues, mainly of a property nature. It is good if spouses signed a marital agreement upon entering into marriage or during it, where all property rights were specified, or if they were able to reach a mutually satisfactory compromise on their own. However, our practical experience shows that former partners rarely manage to settle the division of jointly acquired property without outside help and usually end up resolving their disputes in court. In that case, for preparing for the proceedings and participating in the court process itself, an attorney for property division will be necessary. Without their help, each party will find it difficult to navigate all legislative complexities.

Division of property in Ukraine upon divorce

The procedure by which property is divided after divorce in Ukraine is enshrined in the Civil Code. It is worth noting that disputes most often arise around real estate or vehicles, but there are times when spouses argue over items that have value only for them. In such cases, a lawyer’s unconventional solutions are required when gathering the evidentiary base. Our attorney for property division, who has deep knowledge in this area, will help you understand all the subtleties.

Division of an apartment during divorce is the most pressing issue, especially if the couple has children. In such cases, the division of real estate between spouses takes into account the interests of the children. The mother with whom the child stays has a greater chance of remaining in the apartment, however, to be safe it is still advisable to consult a competent attorney for property division to protect yourself from various surprises.

When considering this category of cases, many details must be taken into account. Heirs, business partners, and other persons can file a claim for division of property, but most often such conflicts arise between former spouses. Without a professional consultation with an attorney for property division, as well as without conducting additional consultations and valuation operations, it will not be possible to manage if you need to divide a business during a divorce.

While the institution of a prenuptial agreement is still not widespread in our country, the only way for spouses to divide property is to go to court. As a rule, the dissolution of marital relations and the division of property between spouses upon divorce occur simultaneously. Of course, the former couple can divide joint property on their own, but only a few manage to do this.

To carry out the division of property during or after divorce (within 3 years), the court needs to establish the following circumstances:

• how many years the spouses were married;
• when and under what circumstances the property was acquired;
• the list of items that the spouses plan to divide;
• the liquidity of the acquired “assets” is determined. After all, some things cannot literally be split in half. Thus, division of a car during divorce, a house, etc., is possible only by selling it and dividing the proceeds;
• as a rule, all property acquired during marriage is divided between spouses equally. However, if one spouse received property as a gift, inheritance, or acquired it long before the marriage, such items are not subject to division. In addition, items of personal use (even if it is a diamond necklace) are not divided;
• a list of property objects that are assigned to each spouse.

If you are about to go through this rather unpleasant procedure, first of all try to calm your anger and assess the situation soberly. Secondly, you should find an experienced lawyer as soon as possible. A professional attorney for property division will immediately be able to assess the situation and help you preserve, if not everything, then at least the majority of your property.

There are often situations when the divorce process ended long ago, but the property issue remained unresolved. Or after the divorce, additional information appears about property acquired during the marriage (jointly acquired), and that one of the spouses concealed this fact. The services of a competent attorney will allow the division of joint property after divorce to be carried out smoothly and in the shortest possible time. Delaying the process can lead to missing limitation periods, loss of necessary documents, and difficulty finding witnesses. A good attorney for property division will simply not allow this to happen.

Sometimes it is very difficult when drafting a claim to compile a complete list of jointly acquired property subject to division that will be considered in court. In some situations, one of the spouses “forgets” to mention a recently purchased summer house during the divorce, and sometimes it was initially purchased under the names of front persons. Only an experienced attorney can preliminarily collect all information and correctly use it for the division of property after divorce.

Division of property in a common-law marriage

According to Ukrainian law, a man and a woman who live together as one family but are not married are subject to the same laws and norms of the Family Code as officially registered spouses. This means that division of property in a common-law marriage is carried out on the same principle as for registered spouses, i.e. there is the possibility of dividing items acquired during cohabitation, as well as property, in both judicial and pre-judicial order. In such a case, division of property without a divorce is carried out by concluding an appropriate written agreement between cohabitants.

Mortgaged property division

Division of mortgaged property is a complex process, and court decisions are always ambiguous. When former spouses have a joint loan that is not repaid, a third party—the bank—becomes involved. Therefore, if there is joint property under mortgage, it can only be divided after the loan is fully repaid. There are also other division options that are best coordinated with experienced lawyers.

Division of property after death

Division of property after the death of its lawful owner is always carried out according to the will, and the right to receive a share belongs only to those persons who are indicated in the document. In other words, according to Article 1241 of the Civil Code of Ukraine, during division of property each heir has the full right to demand the compulsory share allotted to them.

Division of a land plot upon divorce

There are also many nuances when property division is carried out in court and the disputed object is a land plot. In this case, the conflict of interests is resolved not only on the basis of family and civil law norms. Division of a land plot upon divorce is also carried out on the basis of the Land Code. This procedure requires an assessment of the plot, obtaining a passport for it, securing ownership rights, and collecting many other documents that require additional time and money. Former spouses may need additional legal consultation, as all land-related documents submitted to the court must be prepared in full compliance with legal norms.

Division of property by agreement

An agreement on the division of property must be drawn up in writing based on the will of both parties. This type of civil agreement is considered valid only after notarization. The document guarantees each spouse’s right to certain movable and immovable property and provides for a clear distribution of shares. In addition, it should state that the parties undertake not to claim the property divided according to the agreement in the future. Based on a notarized agreement, new title documents will be issued to the owners of real estate and vehicles.

Before executing such a “transaction,” spouses must inform the notary of the existence of a marital agreement, if one was concluded. It may regulate the parties’ legal relations concerning joint property.

The value of property subject to division under the agreement is determined by an expert, after which a fee of 1% is charged to the participants, as provided by law.

Indivisible property

Indivisible property is considered property acquired by one of the spouses before marriage. In addition, property received by inheritance or given as a gift is not subject to division. Personal items are not divided upon divorce. This also applies to jewelry. Indivisible property includes any bonuses and awards, as well as results of intellectual activity.

Children’s interests in property division

A divorce involving division of spouses’ property not only brings negative emotions for the former couple, it also affects the interests of their children. Division of an apartment under Ukrainian law must necessarily take into account the share of a minor child living in it. The court must first take care of the child’s interests and protect them from unlawful loss of housing.

Sometimes the court may slightly deviate from the principle of equality of shares (for example, if you have minor children). Depending on the situation, an experienced attorney for property division will help you retain the larger part of the property or, conversely, defend it.

Professional legal assistance from an attorney in the process of dividing property will temper both parties’ passions a bit and allow the spouses to part ways civilly. As we can see, this category of cases requires a special approach that only a qualified lawyer can provide.

Company advantages

You can appreciate the advantages of cooperating with our company by obtaining a professional legal defender who is able to:

• prepare all necessary documentation;
• offer the client the most advantageous scenario for events;
• preliminarily develop a deliberately winning strategy;
• help the client argue their position during the court hearing;
• prepare a comprehensive evidentiary base.

Service cost

Service costs are determined depending on the specific circumstances and are announced at the initial stage of legal support. In some cases they may change if unforeseen difficulties arise during the process.

Claims and representation in court

Our team, selected from the best legal specialists in Kyiv, is distinguished by professionalism and attentive attitude to clients. By contacting us for legal assistance, you can expect answers to all your questions. An attorney for property division will help you overcome all formalities by preparing procedural documents. Proper drafting of a claim for division of property is the main component of a successful final outcome of the entire court process. If necessary, our firm’s attorney will fully protect your interests in all judicial instances.

Statement of claim for division of spouses’ joint property