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When dissolving a marriage, the procedure for dividing property is regulated by current legislation, in particular the articles of the Family Code of Ukraine. Items and objects acquired during the period of joint life are recognized as joint property, and in the event of termination of family relations may be divided on the basis of an agreement voluntarily drawn up by the spouses, notarized, or by compulsion by a court decision. You can learn more about how property is divided during a divorce and why a lawyer’s assistance may be required in this matter by following the link: Division of spouses’ property in Kyiv.
- disputes between spouses
- disputes related to children
- alimony recovery
- other types of disputes
Agreement on property division
According to the provisions of the law, spouses may enter into an agreement on property division, on the basis of which the resolution of all important issues will be voluntary. In this case, the parties independently resolve possible contentious issues as well as determine shares in real estate. A documented transaction that allows avoiding court proceedings must be notarized.
The information specified in the civil agreement includes:
- each spouse’s claims to a share of property they own as joint property;
- clear allocation of shares;
- obligations of both parties not to claim in the future each other’s property that was divided based on the reached agreement.
After concluding the agreement, the spouses receive new title documents for apartments and other real estate from the notary.
Property division in a common-law marriage takes place in the same way as in cases of officially registered relationships if, during the period of cohabitation, property was acquired with joint funds. At the same time, family law does not provide any restriction on the share of a spouse who did not have personal income.
Clients of our company are usually most often interested in how an apartment is divided during a divorce. According to the norms of the Family Code, any real estate should be divided between spouses equally, which in most cases implies the sale of the property, after which the cash received is distributed. However, if the court finds that allocating equal shares infringes upon the interests of minor children, one party may receive a larger portion of the property.
Divisible and indivisible property: what can and cannot be divided
When dissolving a marriage, the division of the spouses’ joint property is carried out in a 50/50 proportion, unless otherwise stipulated in the marital contract, the nuances of drafting which you can familiarize yourself with here: Drawing up a prenuptial agreement.
The rule of equal shares applies regardless of the amount of earnings or availability of income of the parties at a particular period of the marital relationship. Property subject to division is everything that was acquired with joint funds, including:
- houses and apartments;
- cars and other types of vehicles;
- equipment and appliances;
- funds in bank accounts;
- business assets;
- debt obligations.
In cases where an item or object cannot be divided in half, its value is assessed during court proceedings, after which it becomes the property of one of the parties, and the other spouse receives other property of equivalent value.
To apply to the court, it is necessary to prepare a claim, which our experienced lawyers are ready to help you properly draft.
Not subject to division:
- Items and objects acquired by one of the spouses before the marriage.
- Gifts or inherited property. From a legal point of view, gifts are considered only those items that are supported by an appropriate deed of gift.
- Property acquired with personal funds, which is not the salary of one of the spouses. In this case, it is often difficult to prove the origin of the money that the husband or wife had at their disposal before the marriage.
- Housing privatized by one of the parties, which is confirmed by the relevant documents. The same applies to land plots.
- Items of personal use, including clothing, jewelry, personal care products.
- All kinds of bonuses and awards received by one of the spouses as a result of personal achievements. At the same time, the other party may claim part of the remuneration if the court establishes that it would have been impossible to receive it without the assistance of the husband or wife.
- Insurances and compensations received by one of the spouses as a result of infliction of moral harm or damage to personal property. However, if the damaged property was common, then the money in this case is also considered common.
Deadlines for property division after divorce
According to the law, the period for property division is determined by the statute of limitations, which is 3 years. This applies only to cases with termination of family relations, since the division of property between spouses who have not divorced cannot be limited by time frames.
The statutory limitation period is calculated not from the moment the divorce actually took place, but from the day the plaintiff became aware of the infringement of their rights regarding the disputed property.
By contacting the specialists of our company, you will not only find out how to file for division of property in a specific situation, but you will also be able to use the assistance of an experienced family lawyer during the court hearing. Our lawyers will also advise you on how to register property after a divorce.