Determining shares when dividing property

Determination of shares when dividing the common property of spouses

When dividing the common property of spouses, it becomes necessary to determine the shares of each of them, which is an important step in resolving family disputes and settling legal relations. In Ukraine, as in many other countries, legislation establishes certain principles and procedures for this process. Recognition of spouses' shares in common property during its division is a key point in family law. Shares are determined taking into account various factors, including the contribution of each spouse to the acquisition and maintenance of property, the length of the marriage, and the well-being of the children.

In the context of the division of marital property, special attention is paid to the interests of children. The share of children in the division of property in Ukraine may depend on their needs, as well as on the status of their adult guardians.

If it is necessary to increase the share when dividing marital property, there are various legal mechanisms that can be applied. This may include considering new circumstances, providing additional evidence, or seeking expert opinion. An increase in the share in the division of spouses’ property can be achieved by going to court with appropriate arguments and evidence. This may include taking into account the merits and financial investments of each spouse, as well as taking into account the well-being and needs of the children.

Legal stages in deciding the share in the division of property

• Preparing for the division of property: This stage involves collecting all the necessary documents related to the marital property, such as property certificates, sales contracts, bank accounts, etc.
• Property valuation: The value of all family property is assessed, including real estate, cars, businesses, financial assets, etc. This allows you to determine the full value of the property that is subject to division.
• Determining Property: The legal process involves determining what property is shared between spouses (acquired during the marriage) and what property belongs only to one of them.
• Accounting for debts: When dividing property, shares take into account not only assets, but also debts, which can be distributed between spouses depending on specific circumstances.
• Agreement or Judgment: Spouses may reach an agreement regarding the division of property during an out-of-court process, or the matter may be referred to the court. In the event of a trial, the court decides how the property will be divided based on the evidence presented and the applicable law.
• Execution of a court decision: After the court makes a decision, the spouses’ shares in the common property during its division are recognized at the direction of the court.
• Completion of the process: Once all the legal formalities are completed, the process of division of property is completed and each spouse receives their share of the property in accordance with the court decision or agreement between the parties.

Under what conditions can the service be provided?

1. Need for legal assistance: Services can be provided if the client requires assistance in resolving legal issues, such as recognizing ownership of property, resolving disputes, drafting and analyzing legal documents, etc. 
2. Access to Legal Resources: The client must have access to appropriate legal resources, including attorneys, lawyers, or law firms that specialize in specific areas of the law.
3. Consent to the provision of services: The client must agree to the provision of legal services and enter into an agreement or agreement with legal specialists regarding the provision of support in the matter of share in the division of property.
4. Financial capabilities of the client: The provision of legal services is often associated with certain financial costs. The client must have the financial ability to pay for services if they are not provided free of charge.
5. Compliance with Legal Rules and Regulations: The Client must comply with applicable legal rules and regulations.and receiving services, as well as provide all necessary documents and information to provide effective support.

Under what conditions can the service not be provided?

• Insufficient Need: If the client does not need specific legal services or the problem does not require legal intervention, the provision of services may be unnecessary.
• Lack of Legal Competence: In some cases, specific legal issues may be beyond the expertise of available legal professionals and services may not be available.
• Lack of Client Consent: If a client does not agree to the provision of legal services or refuses to sign required documents or agreements, services may not be available.
• Financial Constraints: The client may face financial constraints and may not be able to pay for legal support services. In such cases, access to services may be limited.
• Legal Restrictions: In some legal cases, such as where there are legal barriers or restrictions, legal support services may be limited or unavailable.

How to figure it out on your own?

1. Learn the basics of the legal system: Familiarize yourself with the basics of your country's legal system. Learn the constitution, laws and regulations that govern your rights and responsibilities.
2. Search for information: Use available online resources, libraries and official legal websites to obtain information on the issue of interest.
3. Analysis of precedents and judicial practice: If your question is related to judicial precedent, study similar cases and judicial practice. This can help you understand what arguments were used in past decisions.
4. Assessing risks and consequences: It is important to understand the possible risks and consequences of your action or inaction in the legal field. If necessary, make an informed decision based on the knowledge and advice received.

Frequently asked questions

What determines the cost of services?

The cost of services depends on the complexity of the task, the qualifications of the specialist and the time frame for completing the task. Market competition and demand can also influence the final price. Additional services and regional features may also be taken into account when determining the cost of services.