Licensing about the ownership of part of the common property of spouses
Issuance of the certificate of ownership share in joint ownership of spouses in the case of death of a spouse is governed by the rules of articles 34 and 71 of the Law of Ukraine “On Notary” and Chapter 11 of the Order of notarial acts notaries of Ukraine of 22.02.2012 №296 / 5.
Whom do I apply?
Certificate of ownership share in marital property in the case of death of a spouse is given a notary public the place of opening the inheritance. Most often, the same notary, whom you have chosen to conduct hereditary case. Law firm «PRIKHODKO & PARTNERS» works in the notarial district of Kyiv, if it necessary, we can recommend a notary in the district that interests you. For more detailed information
According to Article 31 of the Law of Ukraine “On Notary”, private notaries for notarial acts have a fee, an amount determined by agreement between the notary and citizen or legal entity. Also by agreement of the parties the pay of additional legal nature of services is conducted, which is provided by private notaries and don’t belong to the notarial acts, which are exerted. In this regard, prices may vary individually, by agreement with the client, given the complexity and the order of notarial acts in each individual case.
What is joint ownership?
The concept of common property of spouses – a general rule of law that defines by article 60 of the Family Code of Ukraine. Considered common property acquired by spouses during marriage, regardless of the fact that one of them had a good reason not to have an independent earnings or income. For these reasons, law includes study, housekeeping, child care, illness of a spouse etc.
What joint ownership includes itself?
The object of the right to joint matrimonial property is salary, pension, scholarship, other income received by one of the spouses, and corporate rights, real estate and vehicles acquired during his stay in the marriage.
If one of the couple signed a contract in the interests of family, money, other property, including fee, gains that have been received under this contract, are the object of joint matrimonial property.
Things for professional works, such as musical instruments, office equipment, medical equipment, etc., acquired during marriage to one spouse are also objects of joint matrimonial property.
For what does certificate of ownership share on the joint ownership needed?
The issuance of this certificate is aimed for correcting the hereditary determination of mass and prevent possible disputes between the heirs of the deceased.
For example, the death of a man, in whose name was acquired during the marriage apartment, by law, widow own a half of the apartment’s and she has the right to issue by certificate of ownership share in joint ownership. It is part of the property is not related to heritage and the distribution among the heirs are excluded. Among other heirs divided the other half of the apartment’s – that owned by the testator. This includes not only apartments, but all property of the testator, which is a legacy.
But if a widow considers that apartment completely belonged to her husband – it is her right, in this she has the right, and in such case she does not claim to receive a certificate of title to the share of the marital property because the estate is a personal private property of the decedent.
Except the heritage the certificate of the right to a share of joint ownership has a few appointments – for example, it can be used in a divorce or at the conclusion of the marriage contract.
LIST OF DOCUMENTS (to obtain a certificate of ownership share in the common property):
Required two conditions: stay spouses in a registered marriage and acquisition of property during marriage in the name of the spouse who died.
Documents that prove it:
- Identification code;
- Certificate of death of a spouse, issued by the state civil registration (a copy is in probate cases);
- Certificate of cause of death;
- Document confirming the place of opening the inheritance (often a certificate of registration);
- The written application for certificate of title to a share in the common property of spouses. (In a statement, which was received by mail, the authenticity of signatures of a spouse, who survived the decedent, shall be notarized);
- Marriage certificate issued by the state civil registration (a copy is in probate cases);
- Document confirming the right to joint matrimonial property to estate.
If one of the spouses, who survived the testator, is not able to provide notary a document confirming the marriage of the testator, the issue of recognition of property rights would be settled in court.
The documents in each case differ. Law firm «PRIKHODKO&PARTNERS» provides exhaustive information on any issues that interest you, will help to collect the necessary documents or our lawyers will prepare everything for you.