Division of property in the district court

Division of property in the district court

The plaintiff submits a statement of claim to the court (at the defendant’s place of residence), in which he describes in detail the current situation and circumstances, after which he states his demands for the division of common property and the procedure for such division acceptable to him.

Before filing a claim, the plaintiff must pay a state fee, the amount of which will depend on the total value of the things that he will claim during division.

The document confirming payment of the state duty is submitted to the court along with the statement of claim and other necessary documents. After considering the case, the judge makes a decision, which can be appealed to the appellate instance within a month.

Claim for division of marital property through a district court

Based on the provisions of the Code of Civil Procedure of Ukraine, the division of joint property of spouses is carried out in the district court. A claim for division of common property, according to the Civil Procedure Code of Ukraine, is filed at the place of residence of the defendant.

  • If such place is not known, the claim is filed at the last known place of residence.
  • If the plaintiff has minor children or health conditions prevent him from attending court at the defendant’s place of residence, the claim is filed at the plaintiff’s place of residence (Civil Procedure Code of Ukraine).

The statement of claim for the distribution of common property is filed by the plaintiff, based on the requirements of the Code of Civil Procedure of Ukraine, and must contain:

  • the name of the district court to which the claim for division of common property is filed;
  • Full name and information about the plaintiff’s place of residence, as well as information about the representative, if available;
  • Full name and place of residence of the defendant;
  • an indication of the circumstances on which the plaintiff substantiates his claims, as well as facts confirming the reality of the existence of such circumstances. In fact, in this part it is necessary to describe the life situation between the plaintiff and the defendant (carrying out the divorce procedure, the impossibility of further maintaining a common life, the presence of common children, etc.);
  • an indication of the violated property rights and interests of the plaintiff, which may manifest itself in the impossibility of using common property, concealment of property by the defendant, other facts that in one way or another require division of property;
  • the price of the claim, determined on the basis of the total value of the property claimed by the plaintiff. Determination of value can be made either by mutual agreement of the parties, or through an expert assessment;
  • claims for division of common property with possible options for division in shares or division of specific things. Let us note that in addition to demands for separation, the claim may contain other demands – for divorce, for resolving a dispute about children, for alimony, etc.;
  • documents attached to the claim.

State customs during the division of property in the district court

According to the Civil Procedure Code of Ukraine, one of the main documents that must be included in the statement of claim for the division of joint property of spouses is a receipt for payment of the state duty. Ignoring this rule leads to negative consequences for the plaintiff. In particular, guided by the Code of Civil Procedure of Ukraine, the court issues a ruling to dismiss the claim, which also provides the plaintiff with a period of time to pay the state duty.

Based on the above, payment of the state duty is made before filing a claim for division in the district court, in any of the private or public banking structures.

The amount of the state duty depends on the value of the claim. Please note that according to the norms of the Civil Code of Ukraine, if it is impossible to pay the state duty at a time, the plaintiff is given the opportunity to petition the court for a deferment or installment plan for its payment.

Law on division of property through the district court

According to the Civil Procedure Code of Ukraine, the legislator allows the distribution of legal costs between the parties. Since the state fee relates to legal expenses, it can also be distributed equally between the parties, but only if the plaintiff, when paying it, included in the price of the claim the value of the entire property, and not the part for which he claimed.

Example

Citizen Marchenko filed a claim with the Ordzhonikidze District Court of Kharkov for divorce, as well as for the division of jointly acquired property during the years of marriage. In her opinion, common property includes a Skoda car, an apartment, a refrigerator, a TV and other small household appliances. Therefore, according to the norms of the Investigative Committee of Ukraine and the Civil Code of Ukraine, the cost of all these things was taken into account when calculating the state duty, which must be paid when filing a claim in court.

Documents for division of property in the district court

The legislator does not provide any exhaustive list of documents submitted along with a claim for division of property. The list of required documents is determined based on the specific circumstances, features and nuances of a specific situation and the relationship of the spouses.

The provisions of the Code of Civil Procedure provide for documents, the submission of which together with the statement of claim is mandatory.

Among them are:

  • copies of the statement of claim, the number of which depends on the number of defendants and third parties involved;
  • a document confirming payment of the state duty;
  • in case of using the services of a lawyer, advocate or any other representative – a power of attorney or other document certifying the authority of the representative;
  • documents confirming the circumstances that the plaintiff refers to in the claim and bases his claims, copies of these documents for the defendant and third parties;
  • calculation of the price of the claim, based on the value of the property for which the applicant is claiming.

Please note that according to the Code of Civil Procedure of Ukraine, failure to submit the above documents is grounds for the court to issue a ruling on the claim without progress.

List of documents for a claim for division of property through a district court

Based on the above, we can highlight an approximate list of documents that the plaintiff will need when filing a claim for the division of common property. It includes:

  • a copy of the plaintiff’s passport;
  • receipt of payment of state duty;
  • a marriage certificate or a certificate of the date of entry into marriage registration in order to confirm that the property was acquired during the marriage;
  • certificate or copy of the court decision on divorce;
  • title documents for the disputed property;
  • documents confirming the value of the disputed property. They can be checks, sales contracts, invoices, invoices,
  • bank payment documents, receipts, etc.;

If documentary evidence of the value of the property is in the possession of the defendant, then it is necessary to attach to the claim a petition to obtain evidence. If such documents are missing, and the parties have disagreements on the value of the property, then it is determined through an assessment.

Court decision on division of marital property during divorce

Having considered the case on its merits, having listened to the opinions of the parties and third parties involved in the case, having studied all the documentary evidence presented by the parties, the court makes a decision either to satisfy the claims made by the plaintiff, to partially satisfy them, or to refuse to divide the joint property of the spouses. This decision, according to the Civil Procedure Code of Ukraine, is made by the court in a deliberation room, to which all other participants in the process, as well as other persons, are denied access.

According to the Civil Procedure Code of Ukraine, the court bases its decision only on the evidence that was considered in the trial. Any other documents or facts not presented at the meeting by one of the parties to the proceeding cannot influence the court decision.

According to the norms of the Civil Procedure Code of Ukraine, a court decision is subject to written presentation in the form of a separate court document signed by the judge who issued it.

Contents of the court decision on the division of property of spouses during divorce

The court decision on the division of joint property of spouses, based on the Civil Procedure Code of Ukraine, must contain:

  • the date and place of the court decision, the name and composition of the court, indication of the parties involved in the process, as well as the subject of consideration – the division of jointly acquired property;
  • an indication of the plaintiff’s request for the distribution of property, the division procedure proposed by him or the shares due to the parties, the defendant’s denial and his position on this issue, explanation and evidence of other participants in the process;
  • specific circumstances of the situation that arose between the spouses and established by the court, an indication of documentary evidence confirming the existence of these circumstances, the court’s conclusions on these circumstances and the legal basis for these conclusions. If the defendant acknowledges the plaintiff’s claims, this is also indicated;
  • the court’s conclusions on the satisfaction of claims or refusal to satisfy them, the procedure for distributing expenses incurred by the parties, as well as the procedure for appealing.

According to the norms of the Civil Procedure Code of Ukraine, an appeal of a court decision is carried out before the end of the month from the date of its adoption in final form to the appellate body specified in the Civil Procedure Code of Ukraine.

Division of property through the district court: results

Of course, the main criterion according to which the jurisdiction of a case on division of property in a district court is determined is the value of the disputed property. However, an equally important factor is some claims that may be filed by the plaintiff in conjunction with claims for division of property, for example, claims relating to common children. The presence of such requirements allows the plaintiff to file a claim in the district court even if the price of the claim for distribution is less than the amount established by law.

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