- What does the concept of division of property mean?
- What is joint property acquired in marriage?
- What property is not jointly acquired?
- How to divide the joint property of spouses without a court?
- How is the division of property drawn up in court?
- How are the shares determined when dividing the property of the spouses?
- How to share a car between spouses?
- How to divide real estate – an apartment, a house?
- Division of property in an unofficial (“civil”) marriage
- How to split loans and debts between spouses after divorce?
- Services of a lawyer in the division of property jointly acquired by spouses
What does the concept of division of property mean?
The division of the spouses’ property in a divorce is a division, jointly acquired over the years of marriage, of property (savings, real estate, cars, deposits, securities), in accordance with the established legislative procedure.
The division of property is a rather troublesome procedure that requires knowledge of Ukrainian legislation and the ability to negotiate. Our lawyers will help resolve issues regarding the division of common property both out of court (contractual) and in court.
What is joint property acquired in marriage?
Jointly acquired property is:
- real estate (apartment, house, office buildings);
- movable property (car, motorcycle, boat, trailer);
- income from business and labor activities;
- dividends, securities;
- jewelry purchased in marriage;
- household, computer equipment and office equipment;
- furniture and other household items;
- objects of art (paintings, sculptures);
- musical instruments, medical equipment.
What property is not jointly acquired?
Common property does not include:
- donated items and objects (apartment, car, decorated by donation);
- inheritance received by will or by law;
- items and objects purchased before the registration of family relations;
- personal items;
- property that was acquired by one of the married couple for personal funds.
When dividing property, it is very important to understand what is jointly acquired and what does not belong to this list. During a divorce, disagreements and manipulations often arise on the part of one partner.
In order to avoid disputes over joint property, you need to contact a family lawyer who will help you draw up a list of joint and personal property and save you from unfair divisions.
How to divide the joint property of spouses without a court?
It is possible to divide the joint property of the spouses without going to court for this. To do this, you need to contact a lawyer who will negotiate between spouses without going to court. A lawyer will help resolve all issues between spouses during a divorce regarding the division of property.
The extrajudicial, so-called contractual, procedure for the division of common property involves negotiating between spouses. The mediator in this process is a disinterested person – a lawyer. This process is also called mediation.
The successful completion of negotiations on the division of property ends with the drawing up of an agreement between the spouses regarding the division.
The contractual procedure for the division of property allows you to reduce time and moral forces and means. It is very important to choose the right lawyer who can negotiate objectively and fairly and achieve the goals set without unnecessary expense.
How is the division of property drawn up in court?
If the negotiations between the spouses did not lead to the achievement of the goal and the question of the division of property remained open, then it is necessary to go to court.
The judicial procedure for the division of common property involves:
- drawing up a list of common property;
- assessment of joint property;
- payment of court fees (1% of the value of the property);
- preparation and filing of a statement of claim;
- consideration of the correctness of the preparation of the claim by the court;
- appointment of the date of the hearing.
How are the shares determined when dividing the property of the spouses?
According to Ukrainian law, property is divided equally between spouses.
When dividing property between spouses, the court authorities do not take into account:
- who from the family worked and who did not;
- who of the married couple earned more and who less;
- who spent more money in the family.
Therefore, when drawing up the division of property in court, equal division should be taken into account. It should also be noted that an unequal division of property is possible in court.
The procedure for the preparation and execution of documents in order to divide property in different parts, you will be advised by a competent lawyer with experience in dealing with the division of joint property.
How to share a car between spouses?
A feature of the division of movable property is that it can be divided orally, that is, no documentary registration is required.
Movable property includes household items, furniture, appliances, vehicles.
The section of vehicles (car, boat, motorcycle) does not depend on who the vehicle is registered for. The presence of a driver’s license and entry into the registration certificate also does not affect.
How to divide real estate – an apartment, a house?
The real estate section requires mandatory documentary registration, which must be certified by a notary.
A significant point is the division of real estate in families with children. It is important to know that property owned by spouses and children is divided between spouses without regard to the share of children.
It should also be borne in mind that the court largely protects the interests of children. Therefore, the section will take into account who the child lives with. The parent who lives with the child is more likely to stay in the apartment / house that is shared between the spouses.
Division of property in an unofficial (“civil”) marriage
The popularity of unofficial marriage, that is, a couple living together, raises the question of the division of property between partners, whose relations have not been formalized in the registry office.
If the couple was not officially married, but they lived together, and they had family relations, then the division of property takes place.
In order to divide the property, such a couple must be provided with evidence that they were a family.
Such evidence may be:
- videos and photographs;
- testimony of witnesses and friends;
- the presence of common children.
It is very important to choose the right evidence for their presentation in court. A family lawyer will help prepare such evidence and accompany you throughout the legal process.
How to split loans and debts between spouses after divorce?
Loans and debts that were received during a joint life are also divided between spouses, like property.
It should be noted that debts taken in the interests of the family are subject to division.
The procedure for dividing debts and loans is the same as the procedure for dividing common property.
Services of a lawyer in the division of property jointly acquired by spouses
What are the services of a family lawyer in the division of property:
- correct, correct and complete compilation of the list of common property;
- exclusion from the list of property that is not common;
- negotiating between spouses to avoid solving the issue in court;
- preparation of a statement of claim for the judicial procedure for resolving the issue;
- conducting a trial;
- representing your interests in court.
Our lawyers have successful experience in handling various cases related to the division of property. By contacting us, you not only save time and nerves, but also get confidence that the property you own will remain yours.
ANSWERS TO FREQUENTLY ASKED QUESTIONS
- WHAT TO DO IF THE SPOUSE GETS THE DOCUMENTS FOR THE PROPERTY?
Lack of documents is not a reason for the property not to be divided. This is more of a psychological attack and manipulation. A lawyer will be able to defend your interests and fairly divide the property.
- FOR WHAT TIME AFTER DIVORCE IS IT POSSIBLE TO SEPARATE THE PROPERTY?
The common property, according to Ukrainian law, can be divided within three years after the divorce.
- IS IT POSSIBLE TO SEPARATE PROPERTY BEFORE DIVORCE?
If you have terminated family relations, but have not yet formalized the break, you can file a claim for the division of property. In this case, an arrest is imposed on the property, and you will protect yourself from material losses during the partition.
- IS AN ATTORNEY NEEDED WHEN SEPARATING THE PROPERTY?
The help of a lawyer is necessary when registering the division of property, since there are many nuances of this process. Depending on how correctly the documents were prepared, the size of the property that you receive after the section depends.
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