DIVISION OF A CAR IN DIVORCE

When a husband and wife, after many years of married life, decide to break up their marriage, many disputes may arise in the process, in particular, regarding the distribution of jointly acquired property. Items that cannot be physically divided deserve special attention. This article is devoted to the main aspects of dividing a car, since it is owned by many families, so this question is quite common.

How to find out whether a car is jointly owned by a husband and wife?

According to the general rule established by Article 368 of the Civil Code of Ukraine, property acquired by spouses during the marriage is the common joint property of spouses.

This provision does not apply to:

• property acquired before marriage;
• received on the basis of donation or inheritance;
• purchased with personal funds of one of the spouses.

Therefore, if your car was purchased in marriage and does not fall under the specified exceptions, it is considered joint property and subject to division in accordance with current legislation.

What share is each of the spouses entitled to?

In the absence of a marriage contract or other agreements, the property shares of the wife and husband are considered equal - this is indicated by Article 70 of the Family Code of Ukraine. According to the contractual procedure, the share sizes can be changed in favor of the wife or the husband.

What are the options for sharing a shared car?

• Solving this issue in a contractual manner: the spouses can independently decide which of them will keep the car, if necessary, confirming this with a notarized agreement on the division of property;
• Payment of monetary compensation to one of the spouses in the amount of half the value of the car, in accordance with the provisions of Article 71 of the Family Code of Ukraine. This can be done in court, but only with the consent of the person whose rights are alienated in this case;
• The establishment of the ideal shares of the husband and wife by the court, which turns the joint shared property of the spouses into joint partial property. In practice, this method is the least effective, since both parties have difficulties in realizing their right to use the car;
• Including the value of the share of the car in the value of other property: if, in addition to the car, other property is subject to division between the spouses, there is a possibility of increasing the share of the spouse whose ownership of the vehicle is alienated;
• Sale of the car and division of the proceeds between husband and wife in equal shares.

It is worth remembering: if the marriage between the spouses was dissolved, and it was not possible to divide the property according to the contractual procedure, the statute of limitations for resolving this issue in court is set at three years from the moment of divorce.

When considering such cases, the court may take into account the real need of each of the parties to use a car, the presence of a driver's license and other nuances.

Summarizing the above, it should be noted that the property rights of each of the parties are protected by law. If it is impossible to reach an agreement on the solution of the issue, it is worth seeking help from a lawyer, because each situation requires an individual approach. It is also important to draw up a statement of claim in compliance with all the requirements of the law, which will significantly save your time and contribute to the successful conclusion of the case.