Publication date: 07.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
How property is divided after divorce?
Division of property during divorce in Ukraine is an important component of the divorce process and is regulated by the relevant norms of the Civil Code of Ukraine and the Family Code of Ukraine.
Below are some important aspects to consider when dividing property:
Division of common property of spouses:
According to Ukrainian legislation, the joint property of spouses includes property values that were acquired during the marriage, unless otherwise stipulated in the marriage contract.
Community property can include real estate, cars, cash, investments, securities, and more.
Principles of property division:
The principles of justice and equality apply when dividing property during a divorce.
The court, when considering a case on the division of property upon divorce, takes into account the financial situation of both spouses, their needs and capabilities, as well as the circumstances that led to the divorce.
Distribution of property by agreement:
Spouses have the right to agree on the distribution of joint property out of court by concluding a settlement agreement or a marriage contract. In this case, the distribution of property takes place according to the conditions determined by the parties.
Division of property after divorce:
- When dividing property, all property values acquired during the marriage are taken into account, regardless of in whose name they are registered or who was the direct purchaser.
- If there is no agreement between the spouses regarding the division of property, the court resolves the dispute in accordance with the requirements of the law.
Individual circumstances:
The court may also consider the individual circumstances of the case, such as the role of each spouse in the acquisition of the property, labor input, child care, and the ability of one spouse after the divorce.
Possibility of appeal:
- In case of disagreement with the court's decision regarding the division of property of spouses after divorce, the parties have the right to appeal to a higher court.
- Please note that this is general information and each case has its own specifics.
- It is recommended to contact a qualified lawyer for individual advice and legal support in cases of property division upon divorce.
Partial and joint co-ownership are two forms of property relations regulated by the Civil Code of Ukraine and other relevant regulatory acts. Below we will consider the main characteristics of each of these types of property:
Partial co-ownership:
- Partial joint ownership means that each owner has their own partial ownership of the property.
- This means that the property belongs to joint ownership only to a limited extent, which is determined by the relative amount of the contribution of each of the owners.
- Owners of partial co-ownership have the right to dispose of their shares of property without the consent of other owners.
Common property:
- Co-ownership means that the property belongs to the common ownership of all owners in equal parts.
- Each of the owners has an equal ownership right to all property values that are part of the common co-ownership.
- The disposal of property belonging to joint co-ownership requires the consent of all owners.
- During the distribution of joint property, each owner has the right to an equal amount of property.
- The distribution of common joint property can take place by agreement of the parties or by a court decision in case of divorce or other circumstances.
Therefore, it is important to take into account which form of ownership (partial or joint joint ownership) is provided by the contract or legislation for a particular property. In addition, it is necessary to keep in mind the rights and obligations arising from these forms of ownership in order to avoid disputes and misunderstandings between owners.
