- Divorce in a dispute over the division of property
- Distribution of marital property during divorce
- How to divorce a marriage if there is a dispute over the division of property?
- Disputes about the division of property of spouses upon divorce
- The procedure for distributing property of spouses in court during a divorce
- Features when dividing certain types of property
- Conclusion
- Services of a family lawyer
Divorce in a dispute over the division of property
The division of marital property is determined by the Family Code of Ukraine. The initiator may be a spouse or creditors interested in the division. The division of property can take place both before and after a divorce within three years from the date of divorce. A good option for dividing property is an agreement between spouses. If you cannot reach an agreement, you need to go to court. The judicial authority will determine the list of things to be distributed, evaluate them and determine the shares of each spouse.
Distribution of marital property during divorce
The division of property between spouses can be made both before and after a divorce at the request of one of the spouses, as well as if creditors demand the division of the common property of the spouses in order to foreclose on the allocated share.
The division of common property can be carried out by concluding an agreement between spouses on the division of common property. If there is a dispute about the division of common property and the determination of shares, then a judicial procedure is necessary.
An application for division of property between spouses must be filed during the divorce process, or within three years (after the moment of violation of the property rights of the other).
The agreement on the division of property is concluded in writing.
It should include:
- Full name of each person, their passport details, place of registration.
- A list of property acquired during the marriage.
- A list of property going to each of the spouses based on the results of the concluded agreement on the distribution of property.
- The date the agreement was signed and the signatures of both spouses.
If desired, the spouses can have such an agreement notarized by any notary. After signing an agreement on the division of property, the notary has the right to issue a certificate of ownership to the parties. In this case, a certificate for the share of real estate can only be issued by a notary at the location of this property. An agreement on the division of property is a civil agreement and can be declared invalid in court.
Division of property in marriage is usually used when a man and woman live separately from each other and are not actually in a family relationship. The presence of a marital relationship and the absence of a divorce cannot be an obstacle to the division of joint property of the spouses.
Dividing property through a transaction is a simple option, both legally and emotionally. It will go by very quickly. There is no need to contact the judicial authorities, and this saves money and nerves.
It is important to know that the agreement and its notarization are not just a formality. It will have legal consequences. Often the deal is used by spouses to mislead their other half. Therefore, if you have doubts about your abilities and knowledge, you should contact a qualified lawyer.
How to divorce a marriage if there is a dispute over the division of property?
If the dispute cannot be resolved peacefully, that is, through an agreement, it will be necessary to resort to litigation. It is often associated with such important actions as:
- Search for property that was acquired jointly, if one of the spouses wants to deliberately hide it.
- Independent assessment of joint property of spouses.
- The procedure for appealing and recognizing as invalid or void agreements that one of the spouses has made with property.
Disputes about the division of property of spouses upon divorce
It is the statement of claim that is filed with the court at the place of residence of the defendant. If it is not known, then at the last known place of residence of the defendant or location of the property.
If there is a dispute about real estate, you can consider the process at the location of the real estate (if it is in different locations, then at the location of its main part).
The issue of paying the court fee (calculated based on the cost of the claim) is important; if it is not paid, the court will return your application and your documents. In this case, the court may defer or defer payment of the court fee (financial situation is taken into account) until a decision is made.
As a rule, judges accommodate women who are not working and raising children.
The procedure for distributing property of spouses in court during a divorce
Jointly acquired property is considered:
- Any income of a man from labor, intellectual, creative, entrepreneurial activities.
- Pensions and compensations that do not have a designated purpose.
- Movable and immovable property obtained through general income (cars, jewelry, furniture, equipment).
- Deposits, shares, securities, shares in a business that appeared during cohabitation.
The following are not included in this type of property:
- Property purchased or received by inheritance or marriage.
- Gifts and inheritance from third parties.
- Children’s property (will remain with the child, that is, the one who will raise him).
- Personal items are intended for individual use (clothes, toothbrush, etc.), except for jewelry and other luxury items.
Features when dividing certain types of property
Automobile. The peculiarity of this property is the need to register it (and for one man). But at the same time, the man in whose name the car is registered cannot freely dispose of it. When deciding the fate of the car, the court looks at which spouse has the right to drive it, as well as who actually used it. But in any case, the person who received the jointly owned car must compensate the other party for half of its value.
Pet. Sometimes owners treat a pet as a family member, but for the court it is also property. The judge will be guided by the following facts when determining who should leave the animal: the availability of conditions for normal maintenance, the cost of the animal, the use of violence by one of the spouses towards the pet.
Items of professional work. They will be given to the person who used them (the musician will receive his musical instrument, and the programmer will receive a computer). But it will be necessary to compensate for the cost in cash or other property.
Items purchased on credit. The loan is issued, as a rule, to the only spouse, which means that the obligation to repay rests only with him. Therefore, there are two options. In the first case, the court increases the size of the borrowed man’s share in the common property, understanding that he will need to repay the loans. In the second case, the court may oblige the second man to participate in repaying the debt.
An apartment purchased with a mortgage. The apartment in this case is encumbered with a mortgage and the rights of the owners in this case are limited. Therefore, it is very important to solve the problem of mortgage debt. It would be advisable to ask the bank to renew the old loan agreement by concluding a separate agreement with each husband, defining the share of each spouse. But banks are not always ready to do this, and sometimes ask for early repayment.
There is an option in which one person renounces the share of real estate and the loan debt. It is also possible to voluntarily sell the apartment and divide the money remaining after repaying the loan
Business. In this case, several options are possible. Spouses can continue to engage in business and at the same time try to peacefully divide shares, shares, responsibilities, rights and powers. The business owner can simply compensate his wife’s share of the business with cash. If all spouses were founders of the company, then one of them can sell their share to the other. A good option would be to sell the entire business to him and split the money received. It is possible to reorganize the business through spin-off, division or liquidation.
Results of intellectual activity. The exclusive right to intellectual activity cannot be divided. But it must be distinguished from remuneration for the use of this result, which is already subject to distribution.
The division of property in court occurs in several stages:
- Defining a specific list of things. The court does this based on the data of the statement of claim and counterclaim (if there is one), title and supporting documents, descriptions, lists, explanations, and testimony. There should be no doubt that all things belong to the spouses or one of them. If someone is hiding or withholding property, it requires proof.
- Determining who owns a thing. If a man disputes the fact that a thing belongs to common property, then such a statement should not be unfounded, but must be supported by evidence, because if this is confirmed, then the property is excluded from the common mass.
- Valuing things. The price of the property must be confirmed by the spouses themselves if they agree with its value. Otherwise, the involvement of an expert appraiser is required. It is also possible to present checks and receipts for items
- Determination of particle size. Each man’s share can be increased or decreased by the court, as a rule, this is due to the fact that one of the spouses has a child after the divorce.
It may also be influenced by the fact that the man refused to work during marriage without good reason or if he spent property to the detriment of the family. Judicial practice on deviations from equality of particles is unstable and depends on many factors, both subjective and objective. - Making a decision by the court. Based on the previous stages, the court makes a decision that is binding on the spouses.
Conclusion
The division of property can take place both before and after a divorce. Division of property by agreement (through an agreement) is most often the most convenient. If agreement is not reached, you should apply for division to the court. He must distribute the particles between the spouses, but deviation from this principle is also possible.
Services of a family lawyer
A family lawyer will provide you with legal advice and help you draw up all the necessary documents for the division of property.
We are responsible for the quality of legal services and guarantee a positive result.
With the help of a family lawyer or lawyer, your case regarding the division of property will be resolved more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in the division of property.
You deserve our professional legal help!
Take the first step towards your victory in a legal case regarding the division of property, call or write to a lawyer and you will receive answers to all your questions.
