Determining the procedure for using housing after a divorce

When people get married, none of them even thinks about divorce.

However, over time, the situation changes, and relations between partners begin to deteriorate due to various kinds of quarrels, different life circumstances, and thoughts about breaking up the marriage arise more and more often.

One of the key problems that arise in practice during a divorce is the resolution of the issue of the use of housing after the divorce, which shows the relevance of this topic.

In this article, we will carefully consider and determine the procedure for using housing after a divorce in Ukraine.

What problems usually arise in practice during the divorce of the owner of the residential premises?

• one of the spouses did not leave the place of registration after the divorce, but moved to another place of permanent residence;
• one of the spouses moved abroad to a permanent place of residence after the divorce, but did not leave their place of residence;
• one of the spouses, who lived in a shared apartment with a former partner, does not currently live in it but has a residence permit in this apartment. He or she may also insist on the right to use the premises;
• one of the spouses lives in the former partner's home after the divorce and does not show a desire to leave it.

Advice! If you find yourself in one of these situations, the best way to solve it is to turn to family law specialists from the Prykhodko and Partners law firm.

How to determine the order of use of residential premises after divorce?

The legal status of the premises that are privately owned by the spouses is regulated by the CCU and the CCU.

In general, the determination of the order of use of residential premises that is jointly owned by former spouses occurs when there is no voluntary agreement between them regarding the order of use of such property and it is technically impossible to divide (allocate) a part of the common property.

That is, there is no contract on the procedure for using residential premises (private house or apartment).

In such a case, it is necessary to turn to the court, where the latter will investigate all the circumstances of the case and assign fair monetary compensation to one of the members of the former spouse who wishes to renounce his share in the right of joint ownership of the property (apartment or private house).

In addition, if the spouses concluded a marriage contract before the divorce, then it can also prescribe the procedure for using the residential premises that belongs to one of them or is their joint property, their relatives (Article 98 of the Civil Code).

Thus, the procedure for using housing after divorce is established either on a voluntary basis by the ex-spouses or through judicial authorities.

If you need to establish the procedure for using residential premises after a divorce, contact the experts in your field - the Prikhodko and Partners law firm.

Our team is always ready to provide you with professional legal help and advice in accordance with the provisions of the current legislation of Ukraine. In addition, we will help to develop the optimal way to resolve a dispute with a former family member, which would completely satisfy your needs So don't delay and apply!