Publication date: 19.05.2025
Lawyer of the Bar Council of Zaporizhia Region since 2016
🔹 Lawyer: Yuliia Mykolaivna Kara
🔹 Service: Legal support in a case involving the termination of ownership of a spouse’s share in joint property with compensation
Initial Situation
A woman approached lawyer Yuliia Mykolaivna Kara after her divorce, facing a legal issue that had remained unresolved for a long time. Her ex-husband remained a co-owner of real estate acquired during the marriage — a residential house where only the client and her children resided. The ex-husband no longer lived there, did not maintain the property, did not pay utilities, and did not participate in its upkeep. Nevertheless, he categorically refused to voluntarily relinquish his share.
This situation created serious difficulties: the client could not fully manage the property (sell, gift, or include in inheritance planning), and the presence of a “passive co-owner” blocked any property-related initiatives.
As a result, she decided to file a lawsuit requesting the termination of the ex-husband’s ownership share in the property with compensation.
Legal Strategy
The main challenge in the case was that the defendant’s share formally arose on legal grounds — as jointly acquired marital property. At the same time, the law allows for the forcible termination of ownership if its realization is impossible or contradicts the interests of other co-owners.
Preparation of the Evidentiary Base
Lawyer Yuliia Mykolaivna Kara carried out comprehensive legal preparation:
- Collected evidence that the defendant had not used the property for over 5 years
- Provided proof that all expenses were borne solely by the client
- Presented evidence that the defendant owned other housing
- Prepared an appraiser’s report on the market value of the property share
These facts formed the basis for a clear and legally grounded position: the right to the share in this case had no practical realization and therefore was subject to termination with compensation.
Court Proceedings
At the hearing, the defendant objected to the claim, citing “violation of his property rights.” However, the lawyer convincingly demonstrated:
- that exercising ownership rights was effectively impossible;
- that having two equal co-owners blocked normal use of the property;
- that the compensation offered was fair and adequate.
The court took into account all circumstances confirmed by documents and the claimant’s legal representative.
Result for the Client
📌 The court fully satisfied the claim
📌 The ex-husband’s ownership of the share was terminated
📌 The client became the sole owner of the property
📌 Compensation was paid in a clearly defined amount, based on the appraisal
📌 The client gained full control over the real estate and the ability to implement her property plans
This case illustrates how effective the judicial mechanism for terminating ownership of a property share can be when handled professionally. Thanks to thorough situation analysis, a strategic approach, and deep knowledge of civil and family law, lawyer Yuliia Mykolaivna Kara achieved a result that fully met her client’s interests and ensured the stability of her property status.
