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Division of property upon divorce

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Consultant # 1284
Consultant # 1284
Lawyer
Ukraine / Kyiv

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Publication date: 22.05.2024

 

Division of property upon divorce: rules, nuances and protection of interests

 

Divorce is always a complex and emotional process, often accompanied by additional legal issues, one of which is the division of marital property. Undoubtedly, this is one of the most contentious and conflicting aspects of a divorce. So, how to properly divide property after a divorce and protect your interests?

Property distribution after divorce:                                                                      
According to Ukrainian legislation, all property acquired during marriage is considered joint joint property of the spouses, regardless of to whom it is registered. This means that in the event of a divorce, there must be a division of the post-divorce property between the former spouses.                          

Division of property after divorce :                                                             
The process of property division during divorce is regulated by the Family Code of Ukraine. As a general rule, property is divided equally between husband and wife. However, there are cases when the court can depart from this principle and divide the property into unequal shares, given certain circumstances.

Division of marital property after divorce :
Property subject to division between spouses includes: real estate (apartments, houses, land plots), movable property (cars, furniture, household appliances), securities, shares in businesses, bank deposits, pension savings and other assets.

How property is divided after divorce:
First of all, it is necessary to determine what exactly is the joint property of the spouses, and what is the personal private property of each of them. Then there is an assessment of the value of the property and its distribution. If the spouses cannot agree on the division of property, the court has the final say.

Division of property of spouses after divorce :
During the consideration of the case, the court takes into account a number of factors, including: the contribution of each spouse to the acquisition of property, the presence of minor children, special needs of one of the parties (disability, illness) and other circumstances. Also, the court can oblige one party to pay monetary compensation to the other instead of transferring the property.

Division of property between spouses:
In order to protect your interests during the division of property in a divorce, it is recommended to engage a qualified lawyer. He will help to collect the necessary evidence, carry out an assessment of the property and defend your rights in court. After all, incorrect distribution of property between spouses can lead to significant financial losses.

In summary, the division of property in divorce is a complex legal process that requires a careful approach and compliance with the law. Seek professional legal assistance to protect your property rights and interests. Remember that the fair division of common property between spouses is one of the key aspects of a civilized divorce. 

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