REAL ESTATE IN EXCHANGE FOR ALIMENT

When people first enter into their marriage, they rarely think about divorce and further settlement of relations according to this scenario. However, life is often unpredictable, so in the event of such situations, you have to look for ways to help them adequately resolve. If the spouses have common children, the question of paying alimony will certainly arise. And here there may be different options that people have the opportunity to agree on. For example, article 190 of the current Family Code of Ukraine provides that the parents of a child may agree to terminate the right to alimony in exchange for the transfer of the right to real estate.

When this situation is relevant

Let's imagine that a couple has been accumulating money together for a long time to purchase an apartment or house. However, then the relationship cracked, and people divorced. One of the options for the further development of events is that they sell and divide the common property, each receiving his own share. But there is another situation. For example, a couple wanted the house to be inherited by the children and did not want to sell it and share it. However, a person who goes to live separately needs to start life in a new place and build everything anew.

In such a situation, the burden of alimony can be an unbearable burden. That is why the legislator provided that the right to alimony may be terminated on the basis of the acquisition of ownership of real estate. This is stated in the already mentioned 190th article of the Family Code.

How does this happen

So, here people act in the following algorithm:

• The parents of the child (or children) agree among themselves on the possibility of such an option. It is impossible to demand it unilaterally, if the other side is against it.
• Then they apply to the guardianship and guardianship authority to report their plans and obtain appropriate permission.
• When the permission is already in hand, it remains only to conclude an agreement that will secure such an agreement.

Real estate here can be understood not only as a house or apartment, but also as a land plot.

Does such an agreement exempt one of the parents from all expenses

The parent who retired from the property is exempted from paying alimony. However, at the same time, this does not exempt from additional expenses for the child. For example, if a child falls ill and requires funds for treatment, both parents must share in these costs. A parent's prior refusal of alimony does not give the right to transfer the entire range of expenses to another.

Therefore, in this situation, it should be remembered that a person receding real estate is exempt from the obligation to pay alimony, but is not exempt from all other parental responsibilities. Therefore, such a legal mechanism is not about losing parental rights and other obligations by ceding real estate. This article applies only to questions of alimony.

What are the features of the conclusion of the contract

Such an agreement must be:

• concluded in writing;
• notarized;
• registered in the proper way.

It is also important to remember that children who have reached the age of 14 also participate in the conclusion of the contract.

Whose property becomes after that

2 options are possible here:

• or the right of ownership is acquired by the child;
• or this right is acquired by the second parent (with whom the child lives) on the right of shared ownership.

The conclusion of this contract means that the parent who will live with the child independently undertakes to support him.

Are there pitfalls in this situation?

Sometimes one of the parents, who is going to give up the property in this way, thinks about whether such an option is safe from the point of view of preserving the property. It should be noted here that it is really safe because:

• firstly, this property cannot be subject to recovery;
• secondly, it can be alienated before the child comes of age only if the body of guardianship and guardianship allows it.

Moreover, if the parent living with the child does not keep him properly, the contract can be terminated. For this, the alienator files an appropriate lawsuit in court.

If you decide to regulate your relationship in this way after the divorce, the lawyers of the company "Prykhodko and Partners" will help you arrange everything at the proper level and on mutually beneficial terms. So contact us - we have great experience in such categories of requests.