Publication date: 11.09.2024
Determination of shares in the division of property
In this article, we will look at the process of determining shares in the division of property in Ukraine. We will discuss how to properly distribute the property between the parties, what legal rules should be taken into account, and how to obtain legal assistance to successfully resolve this issue.
The importance of correctly determining shares
The division of property is an important aspect of divorce or the end of a joint business. It is important that the division is fair and in the interests of both parties. Consultation with a family lawyer can help you determine the correct shares and avoid conflicts.
Stages of determining shares in the division of property
- Inventory of joint property. This includes making a list of all property acquired during marriage or cohabitation.
- Estimating the value of the property. It is necessary to determine the current market value of each piece of property. Consultation of a family lawyer in Kyiv can help in choosing an independent appraiser.
- Determining the legal shares of each party. Usually, the property is divided equally, but there may be exceptions if one of the parties is entitled to a larger share.
- Negotiating the terms of division between the parties. A family lawyer can help you draft a property division agreement.
- Execution and signing of the agreement. The document must be notarized to be legally binding.
Important aspects of property division
- Property acquired before marriage or received as a gift or inheritance is usually not subject to division. Legal advice in family matters will help you determine what property is joint.
- The division of property may include both movable and immovable property, financial assets and debt obligations.
- Consulting a family lawyer can ensure that your rights and interests are protected during the division.
- A family lawyer's consultation can help you avoid conflicts and ensure a fair division of property.
The Family Code of Ukraine stipulates that a wife and husband have the right to divide property by mutual agreement (Article 69).
There is no definition of a marital property division agreement in the legislation, but in practice such an agreement is an effective tool for protecting the property rights of spouses. A marital property division agreement is an agreement between the husband and wife on the procedure and conditions for the division of movable and immovable property owned by them in their joint ownership.
Why should you contact us?
Legal consultation. We provide legal verification of documents by a lawyer and provide a full legal analysis of documents for maximum accuracy. A legal consultation on family issues will help you understand all the details.
Our clients receive a professional legal opinion from a lawyer and a detailed legal analysis of the situation. Legal assistance in family matters ensures reliability and confidence in your decisions.
Additionally, we offer the following services: consultation with a lawyer and written advice, including the possibility of contacting a lawyer online or a lawyer online. An online family lawyer consultation allows you to get help at any time convenient for you.
Thanks to our team, everyone receives a comprehensive legal analysis and a reasoned legal opinion. Family law advice helps to avoid misunderstandings and conflicts.
Risks and mistakes in property division
The division of property may be accompanied by risks, such as an insufficient assessment of the value of the property or an unlawful distribution of shares. Legal advice in family matters will help to avoid such situations and ensure a fair distribution.
Typical mistakes made by our clients
- Underestimating the importance of legal advice before starting the property division process.
- Incorrect assessment of the value of property, which can lead to unfair distribution.
- Ignoring the rights of one of the parties to a larger share of the property in certain circumstances.
- Lack of clear agreements on the distribution of debts and liabilities.
Form of the agreement and its essential terms
An agreement on the division of a residential house, apartment, other real estate, as well as on the allocation of real estate to a wife or husband from the entire marital property must be notarized (part 2 of Article 69 of the Family Code of Ukraine).In Consultant you can easily find: family legal advice, family law consultation, family law lawyer assistance, family law lawyer services, online family law consultation, online family law lawyer consultation, online family law lawyer.
Grounds for termination of the marital property division agreement
According to the law, termination of a marital property division agreement is permitted only by agreement of the parties, unless otherwise provided by the agreement or law. In addition, the marital property division agreement may be terminated by a court decision at the request of one of the parties in the event of a material breach of the marital property division agreement by the other party and in other cases established by the agreement or law. In the event of termination of the marital property division agreement, the obligations of the parties are terminated.
Tips for quickly resolving issues related to property division
- Use the advice of a family lawyer to get a professional opinion and advice to help you avoid mistakes.
- Ensure that you collect all the necessary documents and appraisals confirming the value of the property.
- Remember that a family lawyer can help you find the best solution for your situation.
Frequently asked questions
Question.
What criteria are taken into account when determining the shares of property?
Answer.
When determining the shares of property, the contributions of each party to the joint household, the presence of children, financial conditions and other factors are taken into account. A family lawyer's consultation will help you prepare arguments for a fair division.
Question.
Is it possible to divide property without a trial?
Answer.
Yes, property can be divided by mutual agreement of the parties without a court hearing. However, this requires a notarized agreement. Legal advice in family law will help you to properly execute such an agreement.
Determining shares in the division of property is an important legal process that requires attention to detail and proper execution of documents. Turning to professional lawyers will provide you with confidence in the correctness of all procedures and help you avoid possible mistakes and conflicts. Legal advice in family matters, as well as legal assistance in family matters, are necessary steps on the way to a fair and safe resolution of this issue.
