Division of the property of the couple that has been sold

Marriage between persons is always a pleasant moment in the life of every person.

However, it often happens in life that after this process, couples live together for some time, the negative traits of each other are manifested, and they already seek a divorce from each other.

As the statistics show today, the percentage of divorces between couples is only increasing every year.

During a divorce, questions about the division of property begin to arise, which makes this topic always relevant.

In this article, we will look at how the property of a spouse that was sold by one of them is divided.

What situations occur in judicial practice regarding the division of property of a spouse that has been sold?

The most common situation in the case of a divorce between persons is one where the spouses previously bought movable property (a vehicle) with joint funds, but it was issued to one of the family members - a woman or a man.

During the division of jointly acquired property between them, one of the spouses abuses his rights and sells such a vehicle to one of his close relatives through a fictitious contract.

And as a rule, the other spouse does not know anything about such an agreement.

What should you do if you find yourself in one of these situations?

To resolve such a situation and defend your rights, you will need to apply to the court with a statement of claim, in which you will set out all the circumstances of the case, which testify to the valid sale of such movable property by one of the spouses.

In the case of a successful case, you will be able to receive monetary compensation for the sold movable property in the amount of 50% of the value of the car, in accordance with the legally established principle of equality of shares in the jointly acquired property of the spouses.

What is the reasoning of the courts when considering this category of cases?

For example, the Volovetskyi District Court of Zakarpattia Oblast, in case No. 936/345/23 dated August 3, 2023, noted that the plaintiff has the right to compensation for the value of property alienated not in the interests of the family since the spouses acquired such property jointly during the existence of their marriage.

In addition, an important condition for assigning compensation for the value of such property is that the plaintiff really did not know and could not have known about the alienation of such movable property in favor of another person, which deprived him of the opportunity to protect his rights in a pre-trial procedure, and as a result, led to before going to court.

The specified legal opinion is set out in the resolutions of the Supreme Court of Ukraine dated October 12, 2016 (case No. 6-1587цс16) and June 22, 2017 (case No. 6-3058цс16), as well as in the Supreme Court resolution dated May 3, 2018 (case No. 755/20923/ 14-c).

Thus, if the plaintiff proves in the case that he did not know about the sale of such property and it was acquired during the marriage, he will have the right to compensation for the value of such property.

If you are divorcing your husband or wife and during the division of your jointly acquired property circumstances appear that it has already been alienated in favor of a third party, then, in this case, contact the Prikhodko and Partners law office.

Our team fully understands the complexity of such a situation and therefore knows how to act correctly in it.

In addition, we have considerable experience in the field of family law, which allows us to provide our clients with only qualified assistance. Get in touch!