The division of property after a divorce in Ukraine is not such an easy task, even if the spouses can still agree peacefully and do not make claims to each other. And if the husband and wife do not compromise at all, then a long and sometimes difficult judicial procedure follows. This process includes a lot of nuances that must be taken into account in order to correctly build your position when considering a case. That is why in most cases, when dividing property after divorce, it is worth contacting a lawyer. Only an experienced specialist can protect your rights and provide an acceptable result.
When can the division of property start?
The procedure for the division of property in Ukraine can be carried out both before the divorce, and after that. The ability to divide wealth remains for three years after the divorce, but the statute of limitations does not begin at the time of registration of the divorce, but when the right of one of the spouses has been violated. More precisely, when this person found out about it or could find out. This moment may never come.
This means that the spouses can start the division of property in case of divorce and after 10 years, since no one can sell it without the consent of the second spouse. The thing is that when making a deal, the notary always checks whether the house or apartment is in the common property of the former spouses. And if so, he will not assure her without the permission of both.
With movable values that have a certain alienation procedure, it is more difficult how they can be realized without the participation of a second spouse. For example, when dividing property in Ukraine, a car can be sold through a commodity exchange, which does not check if the car belongs to other persons. But things from the lower price category are even more difficult to divide, because they can be sold at any time and can be easily hidden. Assessing and collecting evidence of their presence should begin early.
Division of property in Ukraine by agreement
The division of material assets does not always take place in court; sometimes the spouses decide to independently share the acquired property. In this case, they can divide material values at their own discretion in equal or unequal shares. All conditions are negotiated and entered into the agreement on the division of the spouses’ property, which is certified by a notary to give the document legal force.
When making an agreement with a notary, you will need to provide the following documents:
- Passport and identification code of the parties;
- Documents confirming the right to own property.
Such an agreement is mandatory when dividing real estate Movable assets are usually divided by verbal agreements.
Division of property after divorce in court
If the spouses refuse to resolve the situation peacefully, the dispute is considered in court. Depending on the circumstances of the case, the court may initiate:
- Recognition of material assets as the private property of one of the spouses;
- The case of recognition of rights to material assets;
- Return of property from someone else’s illegal possession;
- Recognition of the invalidity of the contract;
- Changing the clauses of the agreement in court;
- Division of property acquired by spouses.
The court decision on the division of the spouses’ property depends on many factors, including the presence of minor children or disabled persons with disabilities. Also, if one of the spouses did not help the family financially for many years, hid, damaged or destroyed joint property, this can also affect the legal process.
How joint ownership is formed
All material assets acquired during the residence of a husband and wife in marriage are considered the common joint property of the spouses. Although this is not always the case. There are exceptions that read:
- If material assets were purchased before marriage, then this is the private property of one of the spouses;
- Property received under a donation agreement or inherited is private property;
- Personal items, even jewelry, are always private property;
- Money received for non-pecuniary damage or as compensation for damages is private;
- Insurance payments are personal property as long as the premiums were paid from private sources;
- Personal merit awards are considered private;
- Real estate privatized during marriage is also private;
- And also a land plot privatized during the marriage.
In addition, the court can recognize material values acquired during marriage, but without the spouses actually living together, as private property.
If you have any questions about the process of division of property after a divorce in Ukraine, then you can ask them to the specialist of the WebJurist website. We are always in touch and ready to help with any problems.