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Publication date: 04.04.2024
After entering into marriage, husband and wife acquire mutual rights and obligations. At the same time, a situation may arise that the spouses have lived together for quite a long time, but decided to separate, and therefore they are expected to division of property after divorce.
Division of property during divorce is a rather delicate topic that requires an individual approach in each individual case.
According to the general rules, all property acquired by a husband and wife during their marriage is their joint (joint) property. At the same time, the legislator emphasizes that the presumption of the right to joint joint property is also applied when one of the spouses did not work for reasons independent of him, for example, taking care of a child. At the same time, the Family Code of Ukraine includes all property, including the earnings of one of the spouses, and even things for professional activities (musical instruments, medical equipment) as objects of the joint property of a husband and wife.
There is also a number of property that the legislator attributes exclusively to private property, even if it ended up in the possession of one of the spouses during their stay in marriage, this is the following property:
- which the husband or wife acquired before marriage;
- which a woman or a man received in marriage in accordance with a gift contract, or inherited;
- Property purchased with personal funds;
- Property acquired as a result of privatization;
In addition, personal private property includes, for example, jewels (this is a thing of individual use, even if it is bought with joint funds), funds that a husband or wife received for their own merits (for example, a prize in some field of science - but in it is still possible to prove the right to a share in the premium of the other spouse through a court procedure, if he or she contributed to its receipt by the other spouse), funds that one of the spouses received as compensation for damage to some thing that belonged to him by private property rights, funds received one of the spouses as a result of their life or health insurance.
A priori, while married, the husband and wife have the obligation to dispose of the property, which is jointly owned, by mutual consent. If one of the spouses concludes any civil law contracts, it is considered that the spouse acts not only in his own interests, but also in the interests of the other spouse. It is interesting that when concluding contracts that must be certified by a notary or that are subject to state registration, the consent of the other spouse to conclude the contract must be in writing.
It is worth noting that the contracts concluded in the interests of the family by one of the spouses create for both spouses not only rights (for example, the right of joint co-ownership), but also obligations, if the property under the contract was used in the interests of the family. In this case, we are talking about credit obligations as well.
Even when the spouses divorce, the right to joint joint ownership of their property does not cease.
To get your share of the property, you can voluntarily resolve this issue with the other party.
If the husband and wife did not agree on the procedure for dividing the property, a dispute arises, which must be resolved by the court by filing a lawsuit for the division of the joint property of the spouses.
The question arises: how property is divided after divorce ? It's simple: all provisions of the law mentioned above are taken into account. But at the same time, all points (availability of the property, its specific characteristics, value, the fact of acquisition with the joint funds of the spouses or with the personal funds of the husband and wife) must be clearly spelled out in the lawsuit, while being confirmed by relevant evidence.
In addition, claims for the division of property between spouses must also be prescribed in accordance with the specific situation. So, if the property is available, none of the spouses has sold it, then the claims must include a demand for the recognition of the property as joint joint property, and for the proper division of the property. However, there are cases when joint property has already been alienated by one of the spouses, without the consent of the other party. In this case, it is necessary to ask the court to recognize the property as joint property of the spouses (combined), and to collect monetary compensation for the value of the joint property of the spouses from the other party.
It is possible to single out the main principles of property division by the court:
- The shares of the spouses in joint property are equal (unless otherwise established by the marriage contract);
- If the thing cannot be divided, the given thing is awarded to one of the spouses, and the other has the right to compensation for the value of such thing;
- Awarding monetary compensation to one of the spouses is allowed only with his consent.
In addition, there are a number of other features of the division of the property of the spouses in court, for example, the share of one of the spouses in the joint property can be increased by the court, but at the same time, the court must be presented with relevant evidence and substantiated in accordance with the law, the reasons for such an increase.
Thus, the division of property between spouses requires an individual approach in each individual case.
