What property is jointly acquiredAll property acquired during marriage is considered joint. This includes all types of family income and property acquired.
However, there are exceptions which are:
- ✔ donated property;
- ✔ inheritance;
- ✔ personal belongings of each spouse and personal items;
- ✔ property acquired before marriage;
- ✔ property received as a result of privatization;
- ✔ property purchased for personal funds of each spouse;
- ✔ and other types of property.
Marriage contractTo prevent possible disputes over the division of property, the parties may enter into a marriage contract.
By mutual agreement, spouses may establish the legal regime of all property or its individual parts.
Marriage contract may be concluded before or after marriage, or during marriage.
The contract is notarized and may contain a definition of the legal regime of property, the procedure for using housing, the right to receive maintenance from one of the parties.
When can joint property be divided?Not many people know that joint property can be divided during marriage (without waiting for a divorce) and after its dissolution. The statute of limitations for filing a lawsuit with the court regarding the division of property is three years, but only if you knew that your rights were violated, in another case the range of action has no restrictions and can be restored.
The division of property may be voluntary by agreement of the parties or takes place in court.
What parts can be divided into jointly acquired property in marriageAll property recognized as joint, according to the law, is divided in a ratio of 1/2 part of each of the parties (that is, 50%).
The court may depart from this principle and reduce part of one of the parties if there are appropriate reasons for this.
Also, if the property is divided by agreement of the parties, then the parties may agree to change the ratio of parts of the property to be divided.
Division of property by agreement of the partiesBy agreement of the parties, joint property may be divided out of court and on conditions different from standard.
Property Sharing AgreementIt is possible to divide property without going to court using a notarized contract. This agreement will become a new title document along with previous title deeds. On the basis of an agreement on the division of property, the registration of ownership in property registers is carried out.
Division of property in courtIf it is not possible to come to an agreement on the further use of joint property, the dispute is resolved in court.
For the division of property in court, you must apply to the court with a statement of claim on the division of property.
It is necessary to pay a court fee in the amount of 1% of the value of the property but not less than 0.4 and not more than 3 living wages (not more than 6306 UAH.).
It is important to provide the court with all the necessary evidence, because the court will not deal with this.
The court decision will be a new title document for the divided property; on its basis, state registration of property rights in registries is carried out.
What will happen if you do not divide the property?If you do not divide the joint property, then after the dissolution of the marriage and the expiration of the limitation period, the owner will remain the spouse for whom the property is registered. He will be able to independently, almost freely dispose of and use the joint property.
The division of property is a complex process that is recommended to be entrusted to legal professionals. You can order a case on the division of property on our website https://www.yurdopomoga.com.ua.
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