DIVISION OF PROPERTY AT DIVORCE. WHAT SHOULD YOU KNOW?

The division of property in a divorce is one of the most difficult and controversial parts of the entire divorce process. In this article, we will look at how the division of property occurs during the divorce of spouses under Ukrainian law and answer the most common questions that arise in this topic.

When is it possible to divide marital property?

Unless otherwise agreed between the spouses or specified in the marriage contract, only property belonging to the spouses on the basis of joint ownership is subject to division.

Property belonging to one of the spouses on the basis of the right of personal private property shall not be subject to division between the spouses and may not be the subject of such an agreement.

In addition, property acquired by spouses during marriage should be distinguished according to the following criteria: divisible or indivisible, movable and immovable.

• Undivided property can be attributed to that, if it is divided into parts, it loses its purpose. It could be a car, an old vase or a painting.
• Divisible property should include everything else that, when divided into parts, does not lose its purpose. For example, money and food.
• Movable property is something that can be freely moved in space without damage. For example, household appliances, clothes, etc.
• Real estate includes land, apartments and private houses.

How to separate real estate and movable property?

The division of immovable and movable property between former spouses occurs on the basis of a court decision or an agreement between the parties. In the absence of an agreement between the former spouses on the division of property, the case may be taken to court.

According to the legislation of Ukraine, real estate owned by spouses can be divided between former partners in different proportions, depending on the conditions of ownership. However, if one of the spouses contributed most of the funds for the acquisition of real estate, then he may demand compensation for his part. In such a case, the court may decide that one of the partners is obliged to reimburse the other partner for a certain amount of money.

Movable property is usually distributed based on an agreement between former spouses or a court decision. The wishes of each spouse are also taken into account, what kind of movable property he wants to receive. Thus, the court seeks a compromise on this issue and finally decides to whom to award this or that part of the movable property.

If you have children?

When divorcing and dividing property in the presence of children, it is necessary to take into account the rights to property of all family members. According to the norms of section 14 of the CCU, children can be independent owners, co-owners, and also have the right to property necessary for their education and development.

At the same time, the property acquired by the parents of the children is recognized as their common property. Therefore, when dividing property in a divorce with children, a separate share is not allocated for minor children. However, the court is obliged to take into account the interests of children and their well-being, which is manifested in the appointment of alimony for children and in increasing the share of the property of the former spouse with whom the children will live.

In any case, if the distribution of property during a divorce with children is contradictory, the court resolves disputed issues and makes decisions, taking into account the opinion of the representative of the guardianship and guardianship authority.

If you have any questions about the distribution of property during a divorce, then do not hesitate and contact our qualified specialists. They are always ready to provide you with quality advice and assistance in clarifying this issue.