Publication date: 06.06.2024
lawyer, 23 years of experience in enforcement.
Property that is the personal private property of the wife and husband.
The personal private property of a wife or husband includes property not only acquired by her or him before marriage, but also acquired during marriage on the basis of a gift contract or in the order of inheritance or with funds that belonged to her or him personally, as well as housing purchased by her , by him during the marriage as a result of its privatization in accordance with the Law of Ukraine "On the Privatization of the State Housing Fund", the land plot acquired by her during the marriage as a result of the privatization of the land plot that was in her, his use, or obtained as a result of the privatization of state land plots and communal agricultural enterprises, institutions and organizations, or obtained from state and communal lands within the limits of the norms of free privatization defined by the Land Code of Ukraine.
The personal private property of the wife and husband also includes things for individual use, including jewelry, even when they were purchased at the expense of joint funds of the spouses (Article 57 of the Civil Code of Ukraine).
In addition, the personal private property of the wife or husband includes prizes and awards that she or he received for personal merit. However, the court may recognize the second spouse's right to a share of this award, award, if it is established that he contributed to its receipt by his actions (housekeeping, raising children, etc.).
The personal private property of the wife or husband is the funds received as compensation for the loss (damage) of a thing that belonged to her or him, as well as compensation for the moral damage caused to her or him.
The personal private property of the wife or husband is the insurance sums received by her or him under mandatory personal insurance, as well as under voluntary personal insurance, if the insurance premiums were paid at the expense of funds that were the personal private property of each of them.
The court may recognize as the personal private property of the wife or husband the property acquired by her or him during their separate residence in connection with the actual termination of marital relations.
If, in addition to joint funds, funds that belonged to one of the spouses were invested in the acquisition of property, then the share in this property, in accordance with the amount of the contribution, is his personal private property.
If a thing belonging to one of the spouses bears fruit, gives offspring or income (dividends), he is the owner of these fruits, offspring or income (dividends) (Article 58 of the Civil Code of Ukraine).
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the actions in the relevant situations and will help to collect the necessary documents and, if necessary, accompany the court proceedings.
