Publication date: 20.03.2024
Лоер
Legal aspects of property division during divorce
During a divorce, one of the key and most difficult tasks is the division of joint property. This process requires careful analysis, clear actions and knowledge of legal aspects to ensure a fair and rational distribution of property assets.
Legal basis
Ukrainian legislation defines the rules and procedures for property division during divorce. According to this legislation, property acquired during marriage is joint property of the spouses. How is property divided after divorce? During a divorce, this property is subject to distribution between the spouses.
Property division procedure
The process of property division during divorce can be carried out by agreement between the spouses or by a court decision in cases where the parties cannot reach an agreement. It includes such stages as property identification, its assessment, distribution and registration of relevant changes in documents.
The distribution of the joint property of the spouses is usually carried out in connection with the dissolution of the marriage. However, according to Clause 1 of Article 69 of the Family Code of Ukraine, the wife and husband have the right to divide the property that belongs to them under the right of joint co-ownership, even without divorce.
According to practice, spouses often raise the issue of the division of joint property only when their marital ties are terminated, and the legal act of marriage has remained only a formality.
It is important to note that if the spouses have in fact been living separately for a long period of time, a claim for the division of property after divorce may only be relevant for property that was acquired by them during the marriage. However, the division of property without dissolution of marriage terminates joint property only with respect to property that was previously acquired, but does not exclude community property that will be acquired in the future, since the marriage continues to exist.
The division of property between spouses can be carried out voluntarily, through the conclusion of a notarized agreement, or compulsorily, through filing a lawsuit in court.
Voluntary division of the common property of spouses requires reaching an appropriate agreement between the spouses, which is confirmed by a notary.
Allocation criteria
How is property divided after divorce?
During the court division of marital property after divorce, the parties take into account various factors, such as the contribution of each spouse to the acquisition of the property, the duration of the marriage, child support, as well as any other circumstances that may be important for a fair division of property.
The following documents must be collected for the notarization of an agreement on the division of marital property:
1. Passports and tax numbers of both parties.
2. Marriage registration certificate.
In the event that the spouses are division of property during divorce, it is necessary to provide:
A certificate of registration of divorce or a court decision on divorce, if the divorce occurred after July 27, 2010.
You may also need:
1. Marriage contract (if available).
2. Legal documents for each object of immovable (or movable) property.
3. Certificate of registered persons in a residential building/apartment to verify the absence of third party rights and the presence of registered persons in this object.
In the case of persons who live together but are not married, it is necessary to additionally prove the fact of joint residence. To do this, you can provide documents, such as a cohabitation agreement, a court decision establishing this fact, if they are confirmed by other documents.
Final conclusions
Therefore, the division of common property of spouses a divorce is a complex process that requires a professional approach and well-considered decisions. Knowing the legal aspects of this process and working with a qualified attorney can help couples ensure a fair and efficient division of their property assets after a divorce.
This article is intended to provide general information and is not intended to serve as legal advice. It is recommended to contact a qualified lawyer for individual advice on social law issues.
