General questions of legal regime of property of spouses

 Questions about the legal regime of the property of the couple is one of the most common consultants’ online consultations portal. This article is dedicated to covering general information relevant to this issue.

 Article 60 of the Family Code of Ukraine enshrines a general rule according to which property acquired by spouses during marriage is owned by the spouse and the spouse on the right of joint joint ownership, irrespective of the fact that one of them did not have a valid reason (education, housekeeping, child care, sickness, etc.) self-employment (income). It is considered that every thing acquired during the marriage, except for things of individual use, is subject to the joint joint ownership of the spouse.

 However, this rule does not preclude a spouse from owning private property. Article 57 of the Criminal Code of Ukraine states that the private property of the wife, the husband is:
1) property acquired by her before marriage;
2) property acquired by her during the marriage, but on the basis of the gift contract or in the manner of inheritance;
3) property acquired by her during the marriage, but at his own expense to him.
4) the housing acquired by her during his marriage as a result of his privatization in accordance with the Law of Ukraine “On privatization of state housing stock”.
5) the land acquired by it during the marriage as a result of the privatization of the land that was in its use, or obtained as a result of the privatization of land plots of state and communal agricultural enterprises, institutions and organizations, or obtained from state and communal property lands in within the norms of free privatization defined by the Land Code of Ukraine.

 This list is not complete, the article is enshrined in private property as other property, such as bonuses, rewards received by a spouse for personal service.
However, the IC of Ukraine does not deprive the parties of the right to change the legal regime of property. This can be done, in particular, by concluding a marriage contract that regulates the property relations of the spouses. Even if the property is jointly owned by the Family Code of Ukraine, a marriage contract can provide otherwise.

 In addition, the court may recognize the private property of the wife, the husband’s property acquired by her during their separate residence in connection with the actual termination of the marriage. It is not a question of establishing the spousal residence regime on the basis of a court decision. And it is about the actual termination of marriage, that is, the marriage is not broken, but the persons do not live in the same family, live in different places, do not co-operate, have each their own budget.

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Author: Natalia Tytovych

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