Publication date: 22.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
One of the main duties of parents established by current legislation is the duty to maintain a child until he reaches the age of majority. Divorce does not affect this obligation, because if one of the parents lives separately, he will participate in the maintenance of the child in monetary form, that is, by paying alimony. Along with this, family legislation provides an opportunity to terminate the right to alimony due to the transfer of ownership of real estate. According to Art. 190 of the Civil Code, the child's parents may enter into an agreement on the termination of alimony rights in connection with the transfer of ownership of a certain real estate object, but only with the permission of the guardianship authority. Therefore, the parties to such an agreement are the child's parents, and if the child has reached the age of 14, she can also participate in its conclusion.
Features of termination of the right to alimony:
First, it is worth outlining what kind of property can be transferred to pay alimony. As stated in the above article. 190 of the Civil Code provides for the possibility of transferring real estate, and therefore based on Art. 181 of the Central Committee of Ukraine, it is possible to transfer: residential buildings, land plots, apartments, industrial buildings, etc. As a result of the conclusion of the contract, the child himself or, together with the child, the parent with whom he lives will acquire the right to real estate. What is more, the legislator did not associate the moment of ownership right with the transfer of property to the buyer, but with state registration, which is mandatory in this case. Another feature is that the real estate that was transferred as a result of the conclusion of the contract refers to property that cannot be levied. Alienation of such property before the child reaches 18 years of age can be carried out only with the permission of the guardianship authority. This contract, like any transaction, leads to legal consequences. In this case, we will be talking about the consequences for the mother or father with whom the child lives, because then one of the parents will be obliged to maintain it independently, and the alienator of the property is not exempted from additional expenses for the child. The family legislation also provides for cases in which the contract concluded between the parents can be declared invalid, namely in the case when the name of the alienator as the child's father is excluded from the birth certificate. In such a case, the expropriator must apply to the court with a request to declare the contract invalid. As a result of the satisfaction of his demands by the court, the ownership of real estate is restored. As for the reason for terminating the contract, it is first of all related to the above-mentioned obligation of the parent with whom the child lives to support her independently, if this obligation is not fulfilled, then the parent who transferred the real estate under the contract, is granted the right to terminate the contract (and, accordingly, to restore ownership of the property) by applying to the court.
The procedure for transferring property for the payment of alimony:
1. As already mentioned, the conclusion of an agreement on the termination of the right to payment of alimony is possible only in the case of permission from the guardianship and guardianship party, and therefore the first step is to obtain this consent. For this, it is necessary to apply with a package of documents to the district state administration at the place of residence. It is on the basis of the submitted documents that the possibility of granting permission to conclude a contract will be considered. First of all, the rights and interests of the child will be taken into account, because the conclusion of the contract should not violate them.
2. The next step is the direct conclusion of the contract. It is important to take into account all the requirements described above, as well as the fact that the ownership of the immovable matzo to be transferred must be properly registered. The contract is subject to signing by the parties.
3. Notarization and state registration of the concluded contract is an extremely important stage. It should be taken into account that the certification is carried out at the location of the real estate or at the place of registration of one of the parties to the contract. Registration is carried out by the state registrar, to whom you should contact with an application and other necessary documents.
Family lawyer consultation:
A family law lawyer will accompany his client throughout the entire procedure of concluding a contract, starting from obtaining a permit and ending with state registration. The legal services in family matters may be needed to declare the contract invalid or to terminate it, because for this it is necessary to go to court. Therefore, family law consultation by an experienced lawyer will prevent the occurrence of negative consequences and help achieve the desired results.
