Фото: Removal of arrest from the common property of the spouses

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Removal of arrest from the common property of the spouses

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When the joint property of the spouses is seized, it is quite clear that such a situation cannot please. We need quality legal assistance to remove this arrest. Lawyers of Prikhodko & Partners work in this segment of services and provide legal support for such requests to achieve the desired result. Let us consider in more detail the cases when the property of the spouses can be seized, and how our services will be useful in such cases.

Reasons for seizing property

Among these reasons, the key ones are:

  • a claim directed by the division of property upon completion of the divorce proceedings;
  • legal restrictions related to one of the spouses.

It is necessary to dwell in more detail on the second item of this list. For example, we can talk about situations where one of the spouses is the defendant in a claim for debt collection. In such a situation, the court sometimes imposes a lien on property in order to ensure that it is possible to answer the claim.

A good lawyer helps to effectively resolve such a situation in the legal field. The strategy of action in this case depends on the specifics of the situation faced by the client. However, there are some general algorithms for all requests. For example, to defend the interests of a client, one of the ways can be chosen - administrative or judicial.

In the first case, the actions, inaction or decision of the bailiff are contested. As for the second method, already from its name it becomes clear that we are talking about filing a lawsuit in court.

Why in such a request there are good prospects for the client

The very phrase "seizure of property" sounds harsh enough. However, it looks like this only if we do not consider that a person has the right to own, use and dispose of his own property. So if one of the spouses has a debt, but with the seizure of common property, the rights of the other spouse are violated, then there is every chance to defend their legitimate interests so as not to be in the role of a hostage of the situation.

How does a lawyer begin his work on such a case?

It is clear that when the court seized property, it was guided by some arguments. In order to make equally convincing counterarguments, it is necessary to start by analyzing the legality of the seizure.

Very often, the client has a good chance to defend his rights and interests if it was found that the grounds and procedure for imposing an arrest do not comply with the current legislation of Ukraine. For example, often a lawyer is faced with the task of ensuring that the arrest is removed from the share of the second spouse in common property. For example, Part 1 of Art. 73 of the current Family Code of Ukraine establishes that a penalty can be imposed on the personal property of one of the spouses or on a share of common property if it is allocated in kind. However, paragraph 2 of this article states that attachment may also be imposed on common property. However, there are compelling reasons for this regarding situations:

  • when one of the spouses, who is a debtor, borrowed funds in the interests of the family;
  • when he made an agreement in the interests of the family.

In practice, sometimes there are cases when there were no such circumstances, and the seizure of common property is still imposed. Then there is a direct violation of the property rights of the second spouse, so the lawyer gets enough grounds to defend the interests of his client and achieve the removal of the arrest from the property.

In order to remove the arrest from the share of the second spouse, who is not the defendant in the case regarding debt obligations, you must first allocate this share in kind. The specialist prepares a statement of claim to the court, in which he demands to allocate a part in kind and remove the arrest from such property.

Why you should contact us

Professionals of the Law Office "Prikhodko and Partners" regularly work with this category of cases. At the same time, we do not offer template solutions and standard algorithms, but act in accordance with the circumstances of a particular situation.

We will help you defend your rights really professionally and effectively. And you, in turn, will not have to spend time and energy on fighting injustice on your own, protecting the opportunity to exercise your property right.

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Specializes in family law and inheritance matters.

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