Division of property in divorce

Division of property during divorce

The division of real estate is one of the most pressing issues that arise during a divorce. As practice shows, it is this that most often becomes the cause of not only disputes, but also attempts at various machinations on the part of divorcing spouses. Therefore, it is necessary to clearly understand what features divorce cases with the division of real estate have, what property is subject to division, and what methods exist to do this.

What real estate can be divided during property division?

Ukrainian legislation quite clearly indicates which forms of real estate presuppose division between spouses, and which do not. Objects related to real estate are:

• private residential building, completed or under construction;
• apartment;
• summer house;
• land plot;
• garage;
• commercial real estate, i.e. objects used to generate income.

The following are subject to division:

1. Housing, land or other property acquired with income received by spouses during marriage. It does not matter who earned the property. For example, if the wife did not work for valid reasons (was raising children or housekeeping), she still has full rights to the property.
2. Property acquired with a mortgage. Moreover, not only the property itself is subject to division, but also the debt obligations on it.

If we are talking about a private house or plot of land, the court may decide to divide them in fact. Thus, after building an additional wall in the house, the spouses will receive two separate living spaces.

The following cannot be divided:

1. Objects received by a man as a gift or inherited by right of inheritance, when this can be proven.
2. Municipal and service apartments.
3. Privatized housing, if the right of ownership is assigned to only one man. Even if the second is registered in such an apartment, the most he can expect is a court order for a period of time during which he can use the property. After this period, he will have to leave the property. Such a person has no property rights, and if the second wants, for example, to sell the housing, he will not be able to prevent this.

Peaceful division of property during divorce

The best option is to try to come to an agreement. This can be done in two ways: officially and unofficially.

Informal agreement on the division of real estate

It is assumed that a man and a woman will peacefully divide the property in a way that is convenient for both. In a situation with dividing housing, this could be:

• sale of an apartment with subsequent division of the money between the parties;
• exchange of a large apartment for two or more (possibly with additional payment).

Both of these methods are considered relatively safe. Thus, in the first one party is the owner of the apartment and is guaranteed to receive money, and the second, in case of an attempt at fraud by the first, will be able to challenge the sale transaction in court.

Legal agreement on the division of real estate (apartments, houses)

Various agreements confirmed by an official document are recognized as such. They can be concluded outside of court or directly during the process, without bringing the case to a conflict.

In such a situation, two conditions must be met:

1. The shares in the housing are determined. This can be done before or during the divorce. The spouses have the right to agree on who gets what. In this case, they need to draw up and officially certify the corresponding agreement. Or the decision on the distribution of shares can be made by the court.
2. An official document has been drawn up. It must be signed by both parties and certified by a notary. Otherwise, the paper will have no force. It can state how exactly the spouses want to divide the property. For example, one party will buy out the share of the other and receive the property as property, or the property will be divided into two parts in kind.

Division of apartments, houses, plots through the court during divorce

The inclusion of the issue of property distribution in a divorce case is carried out when the spouses were unable to agree peacefully. As a rule, the initiator of the divorce submits his demands for division along with the claim.

To do this, it is necessary:

• conduct an expert assessment of the value of the property, document it;
• pay a state fee depending on the value of the claim, that is, the amount for which, for example, an apartment was assessed;
• indicate your requirements and justification.

During the proceedings, the court will determine whether both parties have property rights and who will get what share. According to the law, the court must be guided by the rule of equal shares, that is, divide the property equally. However, there are a number of circumstances when this rule is not relevant.

All these circumstances can serve as grounds for a court decision, but for this they must be proven, which can be quite problematic to do.

Is it possible to divide property after a divorce?

One of the spouses has the right to apply to the court for the division of real estate within three years from the date of divorce. During the consideration, the property may be seized so that an enterprising defendant cannot organize circumstances that will work in his favor.

Section of real estate, bought before marriage

This situation suggests several options. Housing (or other property) is not subject to distribution between spouses and remains the property of one of them if he or she purchased the property before the marriage.

However, there are two cases when property acquired before marriage by one man may be claimed by another:

• the value of the property has increased significantly due to investments from the family budget (expensive repairs, redevelopment, etc.);
• the housing or land was purchased by the spouse with a mortgage before the marriage, but part of the loan payments were made after the creation of the family union.

Division of property during divorce of spouses through the court

The issue of dividing real estate during a divorce is one of the most complicated. However, it can be significantly simplified if the parties agree peacefully, determine the parts and notarize their agreement. Or agree among themselves and formalize the actions determined by the personal agreement (sell the property and divide the money, exchange the apartment, etc.).

In case of a dispute, the case will be considered by the court. This involves filing claims, assessing the property and paying the state fee. When determining shares, the court takes into account the presence of minor children, the possible disability of the man and other factors that can affect their size. In standard cases, everything will be divided equally.

As for real estate acquired before marriage, it is not subject to division, unless there is a significant increase in the value of the property due to the family budget or an outstanding mortgage.