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Publication date: 17.03.2024
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The procedure for recognizing property as personal ownership in Ukraine is regulated by legislation and determined by procedures established in the Ukrainian Civil Code and other normative legal acts.
Personal ownership in Ukraine is recognized when property belongs to a specific individual and is not jointly owned. The process of recognizing property as personal ownership may arise in connection with various situations such as divorce, inheritance distribution, termination of business partnerships, and so on.
One typical case of recognizing property as personal ownership is the division of property between former spouses during divorce. In such a case, if there was no agreement on property division during the marriage, property acquired during the marriage or through joint efforts may be divided between the spouses by court decision. The court considers all circumstances of the case, including each party's contribution to property acquisition.
Another case is the recognition of property as personal ownership through inheritance. In the event of the property owner's death, their property is transferred to heirs according to the law or will. Ukrainian legislation defines the procedure for inheritance and distribution of property among heirs.
Various legal means can be used to recognize property as personal ownership in Ukraine, such as court decisions, agreements between parties, property ownership documents, inheritance certificates, and so on.
The general procedure for recognizing property as personal ownership in Ukraine involves the parties having the right to apply to court with relevant claims or documents, proving their rights to the property according to the current legislation. The court resolves disputed issues based on evidence and applicable laws in Ukraine.
Property can be recognized as personal ownership of spouses in various situations according to Ukrainian law. The main cases when property is considered personal ownership of spouses include:
Property acquired before marriage: If property was acquired by one of the spouses before marriage, it may be recognized as the personal ownership of that individual. In such a case, during divorce or property distribution, this property may remain owned solely by that individual.
Property received through inheritance or gift: If one of the spouses received property by inheritance or as a gift during marriage, it may be recognized as the personal ownership of that individual. In this case, the property is not subject to distribution during divorce.
Property acquired with personal funds: If one of the spouses purchased property with their own funds, without involving joint finances, it may be recognized as the personal ownership of that individual.
Property recognized by court as personal ownership: In case of disputes between spouses in court, the court may recognize certain property as the personal ownership of one of the parties if sufficient evidence is presented regarding the right to ownership of that property.
In all cases of property distribution during divorce or other legal procedures, it is important to consult a professional lawyer or attorney for advice and legal support, as this can be a complex and contentious matter.
