Publication date: 05.06.2024
Лоер
Distribution of marital property after divorce.
Divorce is a complex process that includes not only emotional but also legal aspects. One of the most important issues is the division of property after a divorce. In this article, we will consider how property is divided between spouses, what rules exist and what nuances should be taken into account.
Division of property upon divorce: general principles
According to the legislation of Ukraine, property acquired by spouses during marriage is considered joint property and is subject to equal distribution between husband and wife. This applies to both immovable property and movable property, including cars, furniture, appliances and savings.
How property is divided after a divorce
1. Property acquired before marriage
The property that each of the spouses acquired before marriage is considered their personal property and is not subject to division. The same applies to property received as a gift or as an inheritance during marriage.
2. Property acquired during marriage
All property acquired by spouses during marriage is considered joint property and is divided equally, regardless of whose name it is registered in or by whom it was purchased. It is important to take into account that income from business activities, dividends, interest on deposits, etc. can also be recognized as joint property.
3. Debts and obligations
Debts acquired during marriage are also considered joint obligations and are subject to distribution between the spouses. This includes loans, mortgages and other financial obligations. The distribution of debts is carried out in proportion to the shares of property received by each of the spouses.Property division between spouses: court procedure
When spouses cannot agree on the division of property after a divorce, they can go to court. The judicial procedure for the distribution of property is a more complex and lengthy process, but it ensures a fair distribution of property based on all available evidence and circumstances. Let's consider the main stages and factors that are taken into account during the trial.
Stages of the trial
Filing a claim: One of the spouses submits a claim to the court for the division of property. The application must clearly state the requirements and justification for the distribution of joint property.
Gathering Evidence: Both parties gather documents and other evidence to prove their contributions to the purchase of the property. These can be receipts, bank statements, sales contracts, etc.
Court session: The court considers the case on the basis of submitted documents, testimony of the parties and other evidence. Each side has the opportunity to present its arguments and evidence.
Making a decision: After considering all the evidence and circumstances, the court makes a decision on the division of property between the spouses.
Factors considered by the court
Contributions of each spouse to the acquisition of property: The court assesses the contribution made by each spouse to the acquisition and maintenance of the property. This includes financial contributions as well as non-material contributions such as running a household and raising children.
Children's needs: The court takes into account the needs of children who remain with one parent. This may include providing housing, educational expenses, medical care and other important aspects.Financial status of each party: The court assesses the financial status of each spouse at the time of the divorce. This includes income, savings, debts and other financial obligations.
Other circumstances: The court may take into account other important circumstances, such as the length of the marriage, the state of health of each party, the presence of other obligations, and any other factors that may affect the equitable distribution of property.
Division of joint property of spouses: contractual procedure
If the spouses can come to an agreement, they can conclude an agreement on the division of property, which is subject to notarization. Such an agreement can include terms that best serve the interests of both parties and helps avoid litigation.
Distribution of marital property after divorce: special cases
1. Marriage contract
A marriage contract can significantly affect the order of property division. If the terms of property distribution are written in the contract, they have priority over the general rules. This allows taking into account the individual arrangements of the spouses.
2. Property improved with joint funds
If the personal property of one of the spouses has been significantly improved due to the joint funds or efforts of the spouses, the court may recognize a part of such property as joint property.
