Division of marital property

Family lawyer
Candidate of Legal Sciences
Welcome to the website rozirvannya-shlyubu.com.ua! In the article "Division of property of spouses" I will tell you about the division of property of spouses: the help of a lawyer, how to divide the property of spouses after a divorce, the services of a lawyer in the division of property, the procedure for dividing common property during a divorce and how to divide property in civil marriage. Read the article to the end and contact our law firm for legal assistance in family matters.

Division of marital property: assistance from a lawyer

  • Assistance from a Lawyer in the division of jointly acquired property
  • Legal advice on division of property after divorce
  • Conducting negotiations with the participation of a Lawyer on the division of property
  • Writing a claim for division of property

Our law firm offers support in disputes regarding the division of property in Ukraine.

Our services include:

  1. legal advice on division of property
  2. determination of property to be divided
  3. writing a claim for division of property
  4. support of the case on division of property in court
  5. division of property by a notary
  6. division of property acquired for official marriage
  7. appealing agreements on the sale of common property
  8. establishment of legal facts of being in a marital relationship
  9. seizure of joint property

Client participation in the process is minimal. You enter into an agreement with a lawyer – we protect your interests.

Division of common property of spouses is a legal and fair division of property acquired over the years of family life. As a rule, regardless of which spouse worked more and who spent more time on family responsibilities, children and other things, the common property is divided equally, that is, in half.

Our lawyers and solicitors offer support in the process of dividing the common property of spouses both in pre-trial and in court proceedings. Our team includes experienced family lawyers who can protect the client’s rights in this complex dispute.

How to divide marital property after divorce?

Often, during the distribution of common property, one of the spouses can manipulate by depriving the other of all property acquired during the marriage, including gifts from parents, property received as an inheritance, etc.

Often, during the distribution of common property, one of the spouses can manipulate by depriving the other of all property acquired during the marriage, including gifts from parents, property received as an inheritance, etc.

According to the Family Code of Ukraine, the common property of a spouse does not include:

  • personal items
  • property received as a gift (including real estate or cars received under a gift agreement)
  • inherited property
  • property acquired for marriage
  • property acquired with personal funds (in this case, this fact should be documented).

Lawyer services for property division

A dispute over the division of property is a dispute that is equally interesting to both parties. If the spouses have lived for a long time, were engaged in business and had good incomes, during the years of their marriage, very expensive objects for them will be at stake: apartments, houses, summer cottages and land plots, cars, watercraft, cash deposits in banks and shares in authorized capital companies, corporate rights, etc.

Considering that what is at stake is essentially half of everything a person has earned over the years of his adult life, the participation of a family lawyer in such cases is mandatory, since only a competent specialist can be guaranteed to achieve a result in a dispute over the division of marital property.

Therefore, independent participation in a dispute over the division of property or the involvement of a poorly qualified lawyer can be very expensive. Stories about how one spouse left the other “in only his underwear” happen due to the low level of litigation, or even worse – the realization of a loss in the process by a lawyer who can be bought by the other party.

If you contact a lawyer or lawyer who has a good reputation, has long-established social networks, and cares about his reputation and publicity, there is no need to worry about the lawyer playing at the expense of the other party.

In what parts (shares) is the jointly acquired property of the spouses divided? According to the Family Code, it is considered that the shares of spouses in jointly acquired property are equal, that is, they are 50 to 50 percent.

For a long time, judicial practice has developed in such a way that, regardless of the size of the actual material contribution, since in most families the man is responsible for the financial support of the family, and the wife can take care of the children and home comforts.

At the same time, it will be fair that not only those who received a salary can count on a share in the property.

At the same time, the latest positions of the Supreme Court make it possible, if there are convincing grounds and evidence, to prove to the court that the shares should not be 50 to 50 percent, but can be changed by a court decision.

The procedure for dividing common property during divorce

First of all, when dividing property, a lawyer must negotiate with the participation of both spouses and offer an option for peaceful division of property.

These negotiations will not only help the client not to have to participate in a complex legal process, but will reveal in advance the position of the opposite party, which is very important for understanding the situation and developing a strategy for the case.

If the parties were able to peacefully agree on the division of property, a notarial agreement on the division of property is signed, after which each spouse becomes the sole owner of the divided property.

If it is impossible to partition by agreement, the lawyer prepares a lawsuit in court.

Divide property in a civil marriage

If a couple lived in a civil marriage, but the marriage was not officially registered, the property acquired during such a relationship can be divided in the same way as that acquired in a registered marriage: 50 to 50.

You need to understand that the actual marriage will need to be proven in court, this could be children, explanations of witnesses, photographs, etc.

In this regard, it is necessary to contact a lawyer so that he can collect the necessary evidence before filing a lawsuit in court.

There are situations when a person separates from his spouse, but the marriage does not officially end. After this, they live in a civil marriage with someone else, actually create a family, buy property together, etc.

In case of termination of the relationship, it will be impossible to prove being in a civil marriage – since the person had an unbroken marriage. Since “polygamy” is prohibited in our country, and such relationships are immoral, such seemingly “spiritual” matter as relationships must be treated carefully, and if there is no relationship, they must be broken off, including officially.

Also understand that one of the couples who acquired property in a civil marriage can easily sell or mortgage this property, since the notary will not know that it was bought at the expense of the second spouse and will carry out the operation. In this case, you can only get your rights back through the courts.

This also applies to property that was acquired in a civil marriage, after the couple formalized the relationship – one of the spouses will still be able to sell such property without the permission of the other.

What to do if one of the spouses took the documents for the property?

The lack of documents for property is not a problem for its division.

Based on a lawyer’s request, you can obtain the necessary information about movable and immovable property and file a claim in court.

Based on a lawyer’s request, you can obtain the necessary information about movable and immovable property and file a claim in court.

Transport section (cars, watercraft, trailers)

You can often hear a spouse tell another that if the registration certificate for a car is issued in one name, then the car belongs only to that person and only he can use it. Some men often tell their wives that if they don’t have a driver’s license, they can’t count on half the car.

This is, of course, not true, and transport, like any other property, is divided between spouses. Understanding that it is difficult to divide a car between two people, we usually offer the option of transferring the car to one of the spouses, and paying monetary compensation to the other or issuing other property, if any.

Division of common property through court

To divide common property through the court, it is necessary to prepare a statement of claim. A family law lawyer should prepare the statement of claim.

Before preparing a statement of claim, it is necessary to determine a list of such property, make an advance payment and pay a court fee in the amount of 1% of the value of this property.

After filing a claim, the court checks the claim in accordance with the requirements of the law, and if the claim is drawn up correctly, it schedules a preparatory court hearing on the case. There may be several such meetings.

At the preparatory court hearings, the parties exchange opinions on the claim, expressed in the form of a response, an objection to the review, etc. Also at this stage of the trial, the court determines the amount of property that will be divided.

After collecting all the necessary evidence and information, the court proceeds to consider the case on its merits. At this stage it is no longer possible to supplement the claim or clarify it. Therefore, it is important to prepare a high-quality claim and competently conduct preparatory court hearings.

When distributing property, the court may take into account the origin of the property, evidence of its purchase not so much with family money, but, for example, with the money of one of the parents, etc.

The court also determines the value of the indivisible property and, if necessary, provides the other with payment of monetary compensation. If there are debts, the court also divides the debts of the spouses.

How to determine a list of property for a section

In most cases, spouses are thoroughly aware of the property acquired during marriage.

A lawyer can help with the division of property during a divorce peacefully; the solution is to sign a notarial agreement on the division of property, a prenuptial agreement. If it is impossible to conclude an agreement, the lawyer will draw up documents for the division of property through the court.

Signing the deal is the easiest way. However, you should be careful and remember that in practice the transaction is often used by spouses to divert their eyes from most of their property.

Can property acquired by a couple before marriage be divided?

There are situations when a couple lives together for a long time, leads a common life, plans their future life, but the relationship is not formalized. During the period of such relationships, which are systemic in nature, but not legally formalized, one of the couples can buy property, in the future counting on the fact that this property will definitely not be considered jointly acquired.

In practice this is not true. With a good lawyer, you can prove in court that even before marriage the couple was actually in a marital relationship. and property acquired in such relationships can be considered as property acquired during marriage, that is, subject to division in court.

Are debts shared between spouses?

The largest practice of our office is the practice of banking and financial law. This is why we know firsthand about the distribution of spouses’ debts.

The law determines that not only assets, but also liabilities (i.e. debts) of spouses are subject to distribution between spouses.

After all, it is fair that if one of the spouses took out a debt to purchase property, then not only this property, but also the debt should be divided between the spouses.

Is it necessary to get a divorce to divide property?

There is a misconception that division of property is possible only upon divorce. The same misconception applies to alimony. In practice, division of property and collection of alimony are possible even before the divorce.

In some situations, one of the spouses specifically does not grant a divorce in order to gain time and, while the marriage is still concluded, to use the common property for personal purposes. This is especially true for general business, corporate rights, etc.

In fact, already from the moment of actual termination of the relationship, you can file a claim for division of property and seize this property in order to protect yourself from its illegal alienation to other spouses.

How long can property be divided after divorce?

The current Family Code determines that a claim for division of property can be filed within the general limitation period – that is, within three years.

If a claim is filed after three years after the divorce, the defendant may file an application for the application of a statute of limitations, which the court will be required to accept, which may be grounds for dismissing the claim. In this case, the circumstances of the case, the fairness of the division, will not be taken into account by the court.

If within a three-year period after the divorce one of the spouses does not file a claim for division of property, it will be considered that he is satisfied with the actually divided property – each of the spouses will retain the property that was registered in his name.

Some people take advantage of this norm, namely, they divorce, but after the divorce they begin to reconcile with their other half, but not with the goal of family reunification, but with the mercantile goal of lasting another 3 years, and then breaking up completely, taking with them all the jointly acquired property.

Therefore, we strongly recommend that if the marriage has been officially dissolved, the issue of property must be resolved immediately. And vice versa: if a couple separated and everyone lives their own lives, but they forgot to officially dissolve the marriage or did not want to dissolve it due to bureaucratic difficulties, as a result, many years later you may end up with a problem with the division of property that was acquired after the actual separation, but still in registered marriage.

Also on the site rozirvannya-shlyubu.com.ua the following materials may be useful to you: Deprivation of parental rights, Actual marital relations, Adoption of a child, Parents’ right to a child, Father’s rights to a child, Divorce, Collection of alimony.

How to divide enterprises, LLCs between spouses?

The courts are inclined to believe that as a result of the division of marital property, not the right of ownership to a share in the authorized capital of an LLC may arise, but the right to claim payment of a certain sum of money (payment of part of the value of the participant’s share in the authorized capital of the company or part of dividends, depending on the , what position was used to guide the division).

The right to participate in an LLC is a personal non-property right and the procedure for joining the LLC is also determined in the company’s charter, and also requiring, for example, the consent of the general meeting of LLC participants, a spouse cannot automatically become a member of the LLC as a result of the division of the spouses’ property.

One of the spouses can theoretically demand compensation if the joint funds of the spouses were contributed to the authorized capital of the LLC. In this case, there are several options for the development of events and further actions (the choice of method of defense depends on the circumstances of the case, actions and stated requirements, the chosen strategy, etc.).

According to the Family Code of Ukraine, property acquired by the husband during marriage, but with funds that belonged to him personally, is the personal private property of the wife/husband.

According to the legal position set out in the resolution of the Armed Forces of Ukraine, the right to compensation for the cost of part of the funds arises from the second spouse only for the common funds, and not the authorized capital, and only in the case when the common funds, contrary to the Criminal Code of Ukraine, were used by one of the spouses specifically to contribute contribution to the authorized capital.

The development of events and the determination of the range of property that a spouse can claim depends on whether he/she has given consent to such a disposal of the spouses’ common funds as the acquisition of a share in the authorized capital of an LLC.

If at the time of the purchase of the share both gave their consent to this option for disposing of the common funds, then the spouses who are not members of the company have the right to a division of the income received, and not to compensation for the cost of his share.

If the spouse insists that she did not consent to the use of common funds to acquire a share in the authorized capital of the LLC, then, accordingly, she may claim compensation for the value of her share of such funds.

Moreover, the spouse can make different claims – either compensation for the value of half of the contributed funds, or half the value of the participant’s share in the authorized capital of the company as of the day of division of property (the market value of the share).

If the amount of dividends is indicated and they are actually paid, the spouse can make a claim to receive part of the dividends received (if there is a decision by the LLC to pay them and they have not yet been used or are not used for family needs).

If dividends were accrued during the marriage, but had not yet been paid at the time of division of property, then they are not yet the property of their recipient and should not be subject to division.

In this case, the value of the property to be distributed is determined by agreement between the spouses, and if no agreement is reached, based on the actual value at the time of consideration of the case.

So, as we see, the solution to the issue of distribution of business and corporate rights of an LLC between spouses is quite ambiguous and largely depends on what position the court will take in resolving such a dispute. Uncertainties and contradictions in the legal positions of the courts also do not contribute to the establishment of a uniform practice and the ability to at least approximately predict the outcome of a dispute resolution.

In this regard, one of the most effective ways to resolve this category of disputes is a contractual (out-of-court) settlement by concluding a notarized agreement on the division of marital property, since the parties reach agreement on the most acceptable option for each of them, and also save time and money , which could be spent on legal red tape.

And in the event that the spouses have not yet made a decision on divorce or consciously will have their marital property relations, an option for preliminary settlement of the distribution of marital common property in the future is the conclusion of a marriage contract.

Family lawyer
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