- What does the spouses common property mean?
- Legislative regulation of property rights of spouses
- What is the basis for acquiring the right to common property of spouses?
- Execution of the right of common joint property
- How to exercise the right to dispose of common property after divorce?
- What income is attributed to common property?
What does the spouses common property mean?
During a joint family life, a husband and wife acquire various property: apartments, cars, land plots, household items, household and computer equipment.
Marital relations are based on the equal rights of husband and wife. The equality of rights of spouses is manifested both in the intangible aspects of family life and in the material ones.
Property acquired in marriage is joint property of the spouses.
Legislative regulation of property rights of spouses
The property rights of a husband and wife are regulated by the Ukrainian Family Code, Chapter 8 (Articles 60-74).
At the legislative level, it is determined:
- what property belongs to the common property of the married couple;
- what property is the personal property of the spouses;
- how the division of property between the wife and husband is carried out in the event of a divorce;
- what the spouses have the rights to dispose of the joint property.
What is the basis for acquiring the right to common property of spouses?
In Art. 60 of the Ukrainian IC states that property acquired in marriage is the common property of the married couple.
The status of the common property is not affected by the fact that one of the couple did not have their own income for a good reason:
- training;
- disease;
- care for children;
- conducting life.
The law states that every thing acquired during family life, except for personal items, is an object of joint joint property of the spouses.
It should also be noted that the shares of the spouses on the common property are equal, unless an agreement has been drawn up between them, in which other parts of the ownership of the joint property are spelled out.
Execution of the right of common joint property
Property that is jointly owned by a married couple can be used by a husband and wife.
Spouses have the right to own and use joint property on equal terms, if there is no other agreement between them.
Such an agreement can be an agreement or contract, which spells out the rights of each spouse to each type of property.
Such contracts can be concluded before marriage or at the time of property acquisition.
How to exercise the right to dispose of common property after divorce?
In the event of a divorce, the general rights to joint property remain the same as they were in the marriage.
This means that divorce does not affect the rights of the husband and wife to own and dispose of property acquired during the period of marriage.
The disposal of the common property takes place between the spouses on a mutual agreement, in accordance with the Civil Code.
It should also be noted that spouses have the right to share common property.
To do this, they should contact a good lawyer. Our lawyers will help you draw up a list of property that is jointly acquired, and will help you arrange the division of property in a short time.
What income is attributed to common property?
The common joint property of spouses is not only objects and objects acquired during the marriage, but also income.
Common property includes:
- wage;
- scholarship;
- pension;
- bank deposits;
- bank deposits.
It should also be noted that the promissory notes are the common property of the spouses, just like income.
Thus, all income and expenses that occurred during the marriage life of the spouses are common joint property.
In the event of a divorce, both income and expenses are split between the spouses. For the correct division of loans and income, you should contact a family lawyer who will help you settle the relationship regarding common property.
ANSWERS TO FREQUENTLY ASKED QUESTIONS
- ARE ALL THE PROPERTY PRESSED IN THE MARRIAGE IS DIVIDED AFTER THE DIVORCE?
No, during the division of property after a divorce, jointly acquired property is divided, and items and objects of personal use are not subject to division.
- WHAT INCOME IS TOTAL PROPERTY?
The general includes all types of income: scholarships, pensions, salaries, deposits and deposits in the bank.
- WHAT SERVICES DOES A FAMILY LAWYER PROVIDE IN CASES REGARDING COMMON PROPERTY?
A lawyer will help you correctly draw up a list of property, which is general and personal, and properly arrange the division of property in case of divorce.
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