DIVISION OF PROPERTY AT DIVORCE. WHAT SHOULD YOU KNOW?

Divorce is a complex emotional and legal process, often accompanied by the issue of dividing jointly acquired property. In Ukraine, this process is regulated by the Family Code, but in practice there are many nuances that require detailed consideration.

When people divorce, they need to decide how to divide everything they have acquired together. Usually, everything that was purchased during the marriage is considered joint. This means that both have equal rights to it, even if one of them did not work.

But there are things that remain the property of the person to whom they belonged.

For example, if you already had an apartment before the wedding, it remains yours. The same applies to gifts and inheritance. Your personal belongings, such as clothes or jewelry, also remain with you.

Awards or bonuses that you received for your work usually remain yours, but if your partner helped you get them, he may be entitled to a part. If you have already lived separately and purchased some property, then it is yours.

If you can't agree on how to divide your property, you'll have to go to court. The court will decide who gets what. If you have children, the court will take their interests into account.

If you're not sure how to divide your property, it's best to consult a lawyer. They can help you navigate the details.

What is considered joint property?

According to the norms of current legislation, property acquired by spouses during the period of official marriage is considered their joint property, regardless of whose name the property rights are registered in.

Such assets may include:

• Residential and commercial real estate
• Cars and other vehicles
• Financial savings
• Enterprises and corporate rights
• Investment assets, including securities
• Household items and other material resources

Division of inherited property

The process of dividing marital property often causes disputes, especially when one of them owns inherited property. According to the law, inheritance is not included in the joint property of the spouses and is not subject to division.

However, there are nuances that should be taken into account when considering such cases.

Is inherited property divided in a divorce?

Under current family law, property received through inheritance is considered the personal property of the person who inherited it. This means that in the event of a divorce, the other party has no right to claim it.

Despite the general rule, there are cases when inherited property may be subject to division, in particular when:

• Investing joint funds in inherited property
• If another spouse has invested significantly in the inherited property (major repairs, additions, reconstruction), he or she may claim compensation or a share of the cost of the investment.

Therefore, almost everything that a couple acquires during their marriage is considered their joint property. This means that both have equal rights to this property, even if one of them had no income of their own.

In the event of a divorce, almost all property acquired with joint money during the marriage is subject to division.

Procedure for dividing property

• Collection of documents (marriage certificate, purchase and sale agreements, bank statements).
• Property valuation (engaging an expert to determine market value).
• Drawing up an agreement or going to court (considering the case and making a decision).

There are two main ways to divide property:

1. Voluntary agreement: Spouses can enter into a written agreement on the division of property, which must be notarized. This is the fastest and least conflict-prone method.
2. Judicial procedure: If the spouses cannot reach an agreement, the dispute is resolved in court. The court determines the shares of each spouse in the joint property, based on the interests of both parties and minor children.

Distribution of property taking into account the interests of children:

If the family has children who have not reached the age of majority, then when dividing the property, the court primarily takes into account their interests. To ensure their needs, part of the joint property may be transferred to the parent with whom the children live on a permanent basis.

Division of a residential building: how to resolve the issue of joint real estate?

When marital relations are terminated, the issue of dividing jointly acquired property becomes one of the most urgent. The process of dividing real estate, in particular a residential building, which is often not only a significant material asset, but also has great emotional significance for both parties, is particularly complex.

According to the general rule set forth in the Family Code of Ukraine, all property acquired by spouses during marriage is considered their joint property.

This means that upon divorce, it is subject to equal division, unless otherwise provided for in the marriage contract or agreement between the parties.

Divorce and a shared home: how to find a way out?

• The first option that is often considered is to sell the property. In this case, the proceeds are divided between the former spouses according to their shares. This can be a simple solution, especially if both parties need financial independence.
• Another option is to buy out a share. One of the partners can buy out the other's share, becoming the sole owner of the house. This decision requires an assessment of the value of the property and the financial capabilities of the parties.

If a sale or purchase is not possible, you may want to consider a home ownership arrangement. This means that the former spouses agree on how they will use the shared home. For example, you may set a living schedule or divide the home into separate areas.

Property division after divorce: answers to frequently asked questions

Is a house registered to one of the spouses subject to division?

According to the current legislation of Ukraine, any property acquired during marriage is recognized as joint property regardless of who it is registered under. Exceptions are objects acquired before marriage registration, received as an inheritance or as a gift.

How are the interests of children taken into account when dividing housing?

The presence of children in the home does not directly affect the division of property, but the court may make a decision that will provide better living conditions for minors.

Usually, the parent with whom the children remain may receive a larger share of the property.

Can a co-owner sell his share without the consent of the other?

If a share of the property has already been legally separated, its owner has the right to dispose of it at his own discretion. However, if the house remains in joint ownership, the consent of the other co-owner will be required to sell the share.

What to do if your ex-partner refuses to leave the apartment?

If the court has made an eviction decision, but it is not being implemented, it is worth contacting the enforcement service, which is obliged to ensure the forced execution of the decision.

Is unfinished construction subject to distribution?

Yes, even unfinished real estate is considered property and can be divided between former spouses. The degree of readiness of the object is assessed, as well as the cost of invested funds and materials.

How long does the legal process for dividing property take?

The duration of the case depends on the complexity of the situation and the workload of the judicial authorities. On average, the process can last from several months to several years.

Can the decision on the division of property be appealed?

Yes, the court decision can be appealed within the time limit specified by law. If the division of property was carried out by voluntary agreement, changes are possible only by mutual consent or by court decision.

MYTH:

Popular myth: "Three years from the date of divorce" is not true!

Many people mistakenly believe that there are only three years for the division of joint property after a divorce, starting from the date of the official dissolution of the marriage. This is a common myth that is not true.

Ukrainian law sets limits on the time within which you can file a lawsuit with a court to divide property acquired during the marriage.

This period, known as the statute of limitations, is usually three years. However, it is important to understand that this period does not automatically start from the moment of the official dissolution of the marriage.

The key point is that the start of the statute of limitations is tied to the moment when one of the co-owners learned or had an objective opportunity to learn about the violation of their property rights.

This means that if one of the former partners, for example, concealed the existence of joint property or illegally disposed of it without the consent of the other, then the three-year period will only begin when the other partner learns about this violation.

This approach of the legislator is aimed at protecting the rights of individuals who may not have known about the violation of their rights for a long time after the dissolution of the marriage. Therefore, if you believe that your rights to joint property have been violated, it is important to seek legal advice as soon as possible to determine the exact point in time when the statute of limitations begins to run and to take the necessary steps to protect your interests.

Thus, Ukrainian legislation establishes a three-year statute of limitations for such cases, but the period does not start from the date of divorce. The key point is that the start of the period is tied to the moment when one of the co-owners learned or had the opportunity to learn about the violation of his property rights.

Terms of division of property

Division of marital property is a legal procedure, the duration of which depends on many factors. Some couples resolve the issue quickly and peacefully, while others have to defend their rights in court for years.

What determines the timing of division of property and what factors affect the duration of the process?

As I mentioned above, the main ways of dividing property are:

• Voluntary agreement
  The fastest option is when the spouses come to an agreement on their own or with the help of a lawyer. If both parties agree on the terms of the division, it is enough to conclude a notarial agreement. This can take from several days to several weeks.
• Trial
  If a conflict is inevitable, the case is transferred to the court. In this case, the duration of the division of property increases significantly, since each party will prove its rights to one or another property.

Trials can be unpredictable. It all depends on the complexity of the case, the amount of property and the positions of the parties.

The minimum term is 3-4 months (if the parties do not object and there are no complex evidentiary issues). The average term is 1-3 years (if the property is significant, there are disputes about its valuation, and expert opinions are necessary). The maximum term is 6-10 years or more.

Therefore, if you believe that your rights to joint property have been violated, do not delay. Do not rely on misconceptions about "three years from the moment of divorce".

Contact a lawyer at our company "Prikhodko and Partners" to find out exactly when the statute of limitations began in your case and protect your rights.