Publication date: 11.06.2024
Property rights of spouses: distribution of joint property
The distribution of joint marital property is an important aspect of family law that arises in the event of a divorce or termination of cohabitation. Correct and fair resolution of this issue helps to avoid conflicts and ensures the protection of the rights of both parties. In this article, we will consider the main legal aspects of the distribution of joint property of spouses in Ukraine and provide recommendations for legal support in this process.
What is joint property of spouses?
Common property of spouses is property acquired during marriage at the expense of joint funds or income of both spouses. This can include real estate, cars, bank accounts, stocks, jewelry, and other assets. It is important to note that joint property is considered to be property acquired both at the expense of joint and at the expense of personal funds of one of the spouses, unless otherwise established by the contract.
Principles of distribution of joint property
The main principle of the distribution of joint property of spouses is equality of shares. This means that upon divorce, each spouse has the right to half of the joint property, regardless of who contributed more to the family budget or acquired assets.
However, there are exceptions when the share of one of the spouses can be increased or decreased. This can happen if one of the spouses led an immoral lifestyle, violated the interests of the family or abused property rights.
Property distribution procedure
The procedure for dividing joint property can be carried out by mutual consent of the spouses or through a court decision. The easiest way is to conclude a voluntary agreement between the spouses, which determines the order of property distribution. Such an agreement must be concluded in writing and notarized.
If the spouses cannot come to an agreement, the division of property is carried out through the court. For this, one of the spouses submits a claim to the court, in which he defines his requirements for the division of property. The court considers the case and makes a decision, taking into account all the circumstances of the case, the property status of the spouses and the interests of the children, if any.
Legal support
The process of dividing joint property of spouses can be complicated and require qualified legal support. A lawyer's consultation will help you understand all the nuances of the law and prepare the necessary documents for court proceedings or concluding an agreement.
Modern technologies allow you to get help from a lawyer online, which is a convenient way to get legal support without the need for personal presence. An online lawyer can provide both verbal and written consultations, which allows you to quickly resolve issues related to the distribution of property.
The importance of a legal opinion
Obtaining a legal opinion is an important stage in the process of dividing joint property. A legal opinion will help assess the legal consequences of certain decisions and ensure the correctness of all documents.
A written consultation can provide detailed clarifications on legal issues and recommendations for further action. This is especially important if you have complex questions or need clarification regarding the property distribution procedure.
Conclusion
The distribution of joint property of spouses is an important component of family law that requires a careful approach and legal preparation. It is important to understand your rights and responsibilities, as well as to obtain qualified legal support to ensure a fair resolution of all issues.
A lawyer's consultation and legal opinion will help to avoid legal mistakes and ensure the correct distribution of joint property of the spouses. Online lawyer assistance and written advice make the process of obtaining legal support more convenient and accessible, which allows you to quickly get the necessary support and make the right decisions.
