DIVISION OF PROPERTY IN DIVORCE

In the field of family relations and legal regulation, there has always been an issue that was extremely important for spouses seeking to dissolve the marriage – this is the division of acquired property between individuals.

This is explained by the fact that during their life together, the married couple jointly acquired property, but as it usually happens in practice, someone does not agree with what contribution each person made to the acquisition of such property.

This is where the main disputes of citizens lie, since one person believes that thanks to his work the common property was increased, and the other believes that this is not the case at all. And as a result, the spouses cannot agree on the distribution of such property, which leads to an appeal to the court. This shows the relevance of the topic today.

In this article, we will consider how the division of property occurs during the divorce of spouses in accordance with the norms of the current legislation of Ukraine.

How is property divided between spouses?

From the analysis of the norms of the SCU, we can come to the conclusion that the division of property takes place in 2 options:

• in a voluntary manner, when individuals can agree on the division of real estate and movable property;
• or by compulsion, by applying to the court with a claim for the division of property, where the latter will make a decision on its final distribution.

Each spouse decides personally which option to follow.

Is all the property that the spouses have subject to division?

Of course not. Thus, the Civil Code stipulates that property that cannot be divided between spouses should include:

• property acquired by one of the spouses before marriage;
• property acquired by a husband or wife during marriage on the basis of a gift contract;
• property acquired by inheritance;
• property that was purchased with the personal funds of one of the spouses;
• personal items, including jewelry, even when they were purchased at the expense of joint funds of the spouses;
• property acquired during their separate residence in connection with the actual termination of marital relations.

Also to property that cannot be divided between spouses the money received by one of the citizens as bonuses, insurance payments, or payments related to the compensation of moral damage, etc. should be attributed.

How is property divided during a divorce if the couple has children?

The Civil Code determines that upon dissolution of marriage when the issue of property division between spouses with minor children is decided, such property is considered to be the property of the parents unless otherwise determined by the judicial authorities.

In addition, the property acquired by the spouses during the marriage belongs to the husband and wife under the right of joint co-ownership. Therefore, the joint property of spouses cannot be divided among minor children.

However, the legislation protects the rights of the child and states that upon removal of the court’s decision on the division of the property of the spouses, the latter must take into account her personal interests. This may manifest itself in the assignment of alimony obligations for the child or an increase in the share of the spouse with whom the child will live.

What is the algorithm for dividing real estate between spouses?

Regarding the division of real estate, the following should be noted.

If real estate can be divided into 2 equal parts, then it is subject to division. However, if it is not possible to distribute it in equal shares, then the court awards monetary compensation to the person who has a smaller share.

Determining who exactly will get what share, the court takes into account all the circumstances of the case, as well as the presence of cohabitation and maintenance of minor children or children who have reached the age of 18, but are unable to work.

If it is technically impossible to divide real estate, then the court can assign individuals ideal shares in such property to satisfy the interests of each party. In such a situation, the property will remain jointly owned and the spouses will be able to independently determine the procedure for using such property. And if this cannot be achieved in practice, then the court will do it for the citizens.

Is it possible to conclude an agreement on the division of marital property?

Yes, of course, since the provisions of the Civil Code provide that a husband and wife have the right to voluntarily enter into an agreement between themselves on the division of property that is jointly acquired during marriage. If the contract contains provisions on the division of real estate, then in this case it is subject to notarization.

Can a lawsuit for divorce and property division be filed at the same time?

If a person applies to the court with a claim for dissolution of marriage, then he can also file an application for the division of the property of the spouses separately or directly in the initial filed claim, asking the court to divide the jointly acquired property during the marriage.

Are you planning to dissolve the marriage and divide the property between the spouses? In such an important situation for you, contact experienced lawyers – the Prikhodko and Partners law firm.

Our team specializes in family law, and therefore we are happy we will help you decide all problematic questions connected to breaking up marriage and division of property between spouses, Get in touch!