Publication date: 03.06.2025
I have been a licensed attorney since 2023, but my legal career began in 2015. Over the years, I have gained extensive experience and expertise working across various areas of law, including labor disputes, family law, commercial litigation, and property division matters. My practice includes both legal consulting and client representation in courts of different jurisdictions. I focus on achieving fair and effective outcomes for my clients by applying a personalized approach to each case.
Securing a Claim by Seizing Property: Prompt Response to the Risk of Disposing of Joint Property
In cases involving the division of property after divorce, parties often face situations where one of the former spouses attempts to conceal or dispose of jointly acquired assets. Such actions may result in the loss of the disputed object even before a court decision is made. Attorney Olha Datsiuk provided legal support to a client who filed a claim to divide residential property registered in the husband's name. Thanks to professionally prepared materials, the court promptly granted the application to secure the claim, in which the plaintiff requested measures to secure the claim by seizing the disputed property and prohibiting its disposal.
Situation Context
The client was in a registered marriage, during which the couple acquired a residential house. After the divorce, she was left without access to the property, as it was registered solely in the husband's name. There was a real risk that he might dispose of the property before a decision was made. The goal was to take immediate legal protective measures.
Legal Support Stages
1. Risk Analysis and Preparation of the Court Application
- Consultation with the client and collection of initial documents
- Confirmation that the property was acquired during the marriage but registered in one name
- Preparation of a reasoned application citing circumstances that confirm the risk
2. Court Review of the Security Application
- 26.06.2024 — the application was reviewed by Krasnohrad District Court of Kharkiv Region
- The court considered the risk of losing or disposing of the joint property
- A decision was made to seize the real estate
3. Implementation of the Court Decision
- The court ruling took effect and was subject to immediate enforcement
- Enforcement was delegated to the State Enforcement Service
- The seizure blocked any attempts to dispose of the property
Advantages of Professional Legal Support
- Rapid response to the risk of losing the disputed asset
- A well-reasoned application that met the court's requirements
- Protection of the client's interests even before the main proceedings
Result
- The court granted the application to secure the claim
- Property was seized, and a prohibition on its disposal was established
- The court ruling was forwarded for enforcement without delay
- The client preserved the disputed property during case review
Frequently Asked Questions
Question
Can property be seized if it is registered in only one spouse’s name?
Answer
Yes. If the property was acquired during the marriage, it is considered joint property regardless of registration.
Question
Does an appeal stop the enforcement of a seizure order?
Answer
No. Such a ruling is subject to immediate enforcement even if an appeal is filed.
Photo evidence of the success of the case
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This case illustrates how timely submission of an application to secure a claim can prevent violations of a client’s property rights. Seizing the property before a decision on the merits allowed the parties to retain control of the disputed asset and ensured future enforcement of the court’s ruling. It is an example of how a strategic legal move can change the course of a case early on.
