Claim for division of marital property in court

Claim for division of marital property in court

According to the Family Code of Ukraine, the division of common property can be carried out regardless of whether a man and a woman are in a family relationship, or whether their marriage has been dissolved. In addition, the creditor or wife can file a claim for division of property.

Property can be divided in different ways:

  • with the consent of the parties;
  • by court decision in case of dispute.

The statute of limitations for cases of division of property is 3 years. The procedure for judicial proceedings on the division of common property is universal. When filing a statement of claim, the plaintiff must provide the court with evidence confirming his claims, the valuation of the property and other circumstances that may affect the outcome of the trial.

The parties have the right to appeal the court decision within 30 days.

Statement of claim for division of property during divorce

A citizen has the right to go to court with demands relating to the protection of his interests, not at any time, but only during a certain period – the statute of limitations. A statement of claim for division of property can be submitted by a citizen at different periods of time:

  • during marriage;
  • during the divorce process;
  • after divorce.

According to the Family Code of Ukraine, spouses have the right to demand division of property in court within three years (the statute of limitations) from the day when one of them learned or should have learned about a violation of their right, and not from the time of termination of the marriage.

A person may consider his right to be violated if a dispute arose between spouses (former spouses) about the use of common property and the determination of shares in it.

Violations of the rights of joint property of spouses can arise at any time (after divorce, joint household, etc.) as a result of:

  • sale of property by one of the spouses;
  • deprivation of one of the spouses access to property;
  • non-use of property by a person, failure to fulfill a duty to maintain property;
  • interfering with other ways of using, owning, disposing of property.

Claim for division of property of spouses upon divorce

A statement of claim for division of property is drawn up in accordance with the general rules regulated by the Civil Procedure Code of Ukraine. According to the Code of Civil Procedure of Ukraine, the statement of claim contains the following information:

  • name of the court to which the claim is filed;
  • last name, first name, patronymic of the plaintiff, his place of registration (residence), telephone number;
  • last name, first name, patronymic of the defendant, his place of registration (residence), telephone number;
  • the amount of state duty paid;
  • the essence of the violated rights, interests of the plaintiff, his demands;
  • the situation that is the basis for the plaintiff’s claims and evidence supporting these claims;
  • claim price;
  • documents attached to the application.

The plaintiff must apply for the protection of his rights at the defendant’s place of residence (Civil Procedure Code of Ukraine). There are exceptions: if the subject of the dispute is real estate, then it is necessary to go to court at the location of this property. If the plaintiff’s application, in addition to demands for division of property, also contains demands for divorce or collection of alimony, the plaintiff can file an application with the court at his place of residence. Cases on division of property are considered by the district court.

A person cannot file a claim without paying the court fee. Its size is regulated by the Civil Code and is calculated from the cost of the claim.

Cost of a claim for division of marital property through court

The value of the claim is the value of the property that the plaintiff wants to obtain ownership of. If during the trial a dispute arises about the price of the disputed property, the court may, at its discretion or at the request of the plaintiff or defendant, order an examination to evaluate the disputed property.

The court takes into account the common debts of the spouses for obligations arising in the interests of the family. Because of this, when distributing property and common debts when paying the state duty, the value of each share of the debts to be distributed between the spouses is taken into account.

The plaintiff must describe as accurately as possible his requirements regarding the disputed property: name, cost, appearance (color, size, etc.), quantity, location, year of manufacture (manufacturing).

Counterclaim for division of marital property during divorce

During the consideration of the claim, the defendant has the right to file a counterclaim.

Counterclaim:

  • filed in the same court where the case of division of property is being considered before a decision is made on the main claim,
  • a court fee must be paid;
  • is considered simultaneously with the original claim.

The legislator imposes certain requirements on the content of a counterclaim. In the absence of these conditions, the court has the right to refuse to accept a counterclaim. According to the Civil Procedure Code of Ukraine, the court accepts a counterclaim for proceedings if the following conditions are met:

  • the defendant’s counterclaim must contain demands for the division of property and debts, but in other parts;
  • if the court satisfies the defendant’s demands, then the plaintiff wins the lawsuit in whole or in part;
  • there is a connection between the demands of the defendant and the demands of the plaintiff, and if they are considered in one trial, this will contribute to the correct and speedy consideration of the case.

When filing a statement of claim, the plaintiff has the right to file a motion to seize the disputed property in order to deprive the defendant of the opportunity to sell or otherwise alienate the disputed property.

Documents to the court for the division of property upon divorce of spouses

The plaintiff must add a package of documents to the statement of claim. The main ones are:

  • information about the plaintiff’s salary and other income;
  • proof that the property is common, that is, acquired during the marriage;
  • description of the property indicating its price and quantity, its detailed description.

Evidence confirming the moment of acquisition of property may include contracts for the purchase of the disputed property, checks and other payment documents, bank account statements.

To characterize the property, it will be necessary to provide a passport, operational and technical documentation for household and other equipment, and information on vehicle registration.

Judicial practice: consideration of a claim for division of property

Example

Ivanchenko went to court with a demand for the division of common property, including furniture and household appliances. In order to confirm the fact of acquisition of property during the marriage and for the purpose of the most specific description of it, Ivanchenko provided the following documents for the TV: an instruction manual, a receipt for its purchase, a warranty card, a certificate from the warranty workshop about the repair, a certificate from the transport company about the delivery of the TV to the plaintiff’s house, filed a motion to call a witness to court (the plaintiff’s mother), who could indicate the time of purchase of the TV.

In order to claim most of the property, documents are required confirming the following circumstances:

  • most of the property was acquired and/or held at the expense of the plaintiff;
  • the plaintiff is dependent on minor children;
  • the plaintiff made significant improvements to the common property using personal funds or personal labor;
  • The common property includes property acquired before marriage with the personal funds of one of the spouses.

Court decision on division of common property of spouses

Based on the results of consideration of claims for division of property, the court makes a decision. This document may contain the following provisions:

  • a specific list of property transferred to each spouse;
  • the cost of transferred items, real estate;
  • the amount of compensation to one of the spouses (if property of greater value is transferred to the other);
  • instructions on termination of common property rights;
  • the amount of debts owed to each spouse in proportion to the property received.

Claims may be satisfied in full, partially, or the claim may be rejected. Depending on the result of the court decision, the costs incurred by the parties in the trial are distributed: costs for a representative, expert, witness, etc., payment of the court fee.

The winning party is reimbursed for all costs by the defendant. In case of partial satisfaction of the claims, the plaintiff is reimbursed expenses in proportion to the amount of the satisfied claims.

The decision comes into force within 30 days from the date of its adoption in final form (Civil Procedure Code of Ukraine). During this period, the plaintiff and defendant may file appeals. The appeal is filed in the same court where the decision was made.

During the trial, the parties may enter into a settlement agreement. In such an agreement, the parties independently determine the procedure for dividing and the size of shares of the disputed property. The court approves the settlement agreement and the trial ends.

Claim for divorce and division of marital property in court

If in a divorce proceeding the court decides on the possibility of considering claims for division of property, then in cases where such division affects the interests of third parties (for example, we are talking about property that is the property of a housing construction cooperative, the shareholder of which has not yet made his full contribution) . ), then the requirement for distribution is separated into a separate proceeding (Family Code of Ukraine).

The fact that the other spouse received consumer loans during the marriage does not entail the emergence of debt obligations under loan agreements, in the absence of evidence of the use of the received loan in the interests of the family, that the defendant undertook to answer for the loan agreements, was informed about them and gave consent to their conclusion.

If the plaintiff does not participate in the repayment of the mortgage loan, then this is not an unconditional basis for derogating from the beginning of the equality of the spouses’ shares in their joint property.

When dividing the common property, the court recovered monetary compensation from the defendant in favor of the plaintiff. The defendant’s assertion about the acquisition of property with his personal funds and at the expense of funds received as a loan and gift was not confirmed at the court hearing, since agreements for the donation of funds and evidence of the investment of funds received as a gift in specific property were not presented by the defendant.

Division of common property of spouses in court

The division of common property acquired by spouses during marriage can be made both during marriage and after it and in two ways: by agreement between the spouses and in court. Concluding an agreement is the best way to resolve disputes, since the spouses independently determine what property is to be distributed, as well as the methods of division and the time of its execution, save time and do not incur legal costs. The legislator gives citizens the opportunity to peacefully resolve disputes and, at the stage of judicial proceedings, to conclude a settlement agreement.

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