- Laws on the division of property in divorce
- Family Code on the division of property during divorce
- Joint property of spouses in case of division, divorce
- Methods of dividing the common property of spouses during divorce
- Division of property of spouses through the court according to the Family Code
- Civil Code on the division of property of spouses during divorce
- Division of property and the Civil Procedure Code during divorce
- Legislation on the division of property of spouses upon divorce
Laws on the division of property in divorce
Family law relations cover many controversial situations between spouses, both during divorce and during marriage. Most of these situations are of a property nature.
Thus, the division of property is regulated by the main legislative norms (laws) concerning the joint property of spouses. Such norms are the following legislative acts:
- Civil Code of Ukraine (CC RF) The Code regulates property relations between owners of common and joint property;
- Family Code of Ukraine (Family Code of Ukraine) The Code defines the legal rights of each spouse to shares in the property of spouses;
- Civil Procedure Code of Ukraine (Civil Procedure Code of Ukraine) The division of property in court is carried out strictly in accordance with the established process and the norms established by this code;
- The Law of Ukraine On Judicial Fees establishes tariffs for determining the amounts of tax fees and state duties in property relations.
These legislative norms are not exhaustive in resolving property disputes. In addition to these laws, other legislative norms in force at the time of the dispute and applicable in such a dispute along with codes may be applied.
Family Code on the division of property during divorce
The Family Code of Ukraine establishes the rights and legal interests of spouses in relation to property acquired by spouses during marriage, provided that there is no marriage contract between these men. Otherwise, property relations are determined by the marriage contract.
- See also 7 The Family Code of Ukraine consists of several articles applied in resolving property disputes between spouses. Each of the articles contains specific definitions of rights and forms of their implementation:
- The Family Code of Ukraine explains what the legal regime of spouses is;
- The Family Code of Ukraine determines what property is common;
- The Family Code of Ukraine establishes the rights of spouses in property relations (ownership, use, disposal);
- The Family Code of Ukraine provides an explanation of the property of each spouse;
- The Family Code of Ukraine establishes the procedure for recognizing property that is the property of one of the spouses or each of them as joint property of the spouses;
- The Family Code of Ukraine regulates the grounds and procedure for distributing the property of spouses;
- The Family Code of Ukraine determines the shares of spouses in distributing their common property.
The Family Code also regulates the property relations of spouses when concluding a marriage contract (agreement) between them. The rules established by Chapter 8 of the Family Code of Ukraine apply to contractual (contractual) relations between spouses.
Joint property of spouses in case of division, divorce
According to the Family Code of Ukraine, in the absence of a marriage contract between spouses, the property that the spouses acquired during the registered marriage is their common property. This means that the rights of both husband and wife in relation to such property are equal.
The property of spouses acquired during marriage, according to the law (clause of the Family Code of Ukraine), includes (regardless of whose name the property is registered in):
- labor, pension, business, savings and other income of each of the spouses (except for social payments and benefits that have a specific purpose);
- any movable and immovable property acquired with common funds;
- other things or income of the spouse acquired during the marriage.
- in the event that one of the spouses (in most cases these are women) for some valid reason did not carry out labor or other income-generating activities, or was engaged in housekeeping and raising children, he or she also has the right to property acquired during the marriage.
- the following (incompatible) movable and immovable property does not belong to common property and is not subject to distribution between spouses:
- that was the property of the spouse before the registration of the marriage;
- which the spouse received as a gift during the marriage;
- received by inheritance;
- acquired with personal funds;
- money received by one of the spouses as compensation for damages;
- clothing, personal items, and professional tools.
However, according to the Family Code of Ukraine, property owned by one of the spouses may be recognized as common. This is possible if the court establishes that common funds or the money of the second spouse were spent on repairs or improvements to such property, which ultimately led to a significant increase in the value of the property.
Methods of dividing the common property of spouses during divorce
The division of common property is carried out according to the rules of the Family Code and can be carried out both after the dissolution (upon dissolution) of the marriage and during the period of the spouses’ stay in the marriage. There are two ways of dividing property:
- with the consent of the spouses: this method can be used in the absence of a property dispute. In this case, the spouses distribute what and to whom will belong and prescribe all the conditions in the transaction. The agreement can be certified by a notary;
- judicial procedure: if there is a dispute and if it is not possible to peacefully agree on the division, the spouses (or one of them) go to court. In this case, the court will carry out the division between the spouses, taking into account the law.
By law, property is divided between spouses in 1/2 (50%) to each. But there are exceptions. If the court establishes the absence of income of one of the spouses for disrespectful reasons, such a man will be awarded a smaller share.
It should be known that not only property is subject to division, but also debts incurred by the spouses during their marriage. However, not all debts can be subject to division.
Division of property of spouses through the court according to the Family Code
Example
Citizen “B” filed a claim against citizen “A” for the distribution of debt obligations under a loan agreement. He was married to citizen “A” from 2003 to 2015, and in 2014 he took out a loan.
The court found that the parties were indeed in a registered marriage from 2003 to 2015. Since 2013, citizen “B” moved to his common-law wife’s place of permanent residence. The court also found that the parties had not lived together or run a joint household since 2013.
According to the clause of the Family Code of Ukraine, property acquired by spouses in a registered marriage is their common property. According to the Family Code of Ukraine, agreements made by a husband imply the consent of the wife and vice versa.
By virtue of the Family Code of Ukraine, the court may recognize property acquired during separate residence of spouses as the property of each of them. In this case, it was established that the family relations of the spouses actually ceased in 2013. Since the loan was received in 2014, this property (debt) cannot be recognized by the court as common. The court refused citizen “B” in dividing the debt on the loan between the plaintiff and the defendant.
Civil Code on the division of property of spouses during divorce
The Civil Code of Ukraine (CC of Ukraine) regulates the division of property in common ownership of citizens, and also explains the concept of common ownership in property (CC of Ukraine).
The norms of the CC of Ukraine are similar to the norms of the SK of Ukraine regarding the concept and distribution of property between citizens in a registered marriage and are as follows:
- property acquired during the period of registered marriage is considered to be the joint property of the spouse;
- property that was owned by either spouse prior to the registration of the marriage is the property of that spouse (personal property);
- things received as a gift or by inheritance during the marriage are the property of the person who received them;
- items or things intended for individual use (except jewelry and luxury items) are the property of the person who used them.
According to the rules of the Civil Code of Ukraine, division can be carried out only after the court determines the previous share of each of the owners in the right to such property. In this case, the rules for determining the share in the property are regulated by the Family Code of Ukraine.
Division of property and the Civil Procedure Code during divorce
The Civil Procedure Code of Ukraine establishes the judicial procedure for resolving various types of civil disputes, including those of a property nature.
According to the Civil Procedure Code of Ukraine, there are participants in the judicial process, which the Civil Procedure Code of Ukraine endows with the following procedural properties:
- The conflicting Parties act in the proceedings as the plaintiff (applicant) — the party that initiated the legal proceedings, and the defendant — the party against whom the claim is filed;
- third parties (citizens or organizations whose rights and interests may be violated in resolving the dispute);
- witnesses;
- specialists (experts, translators, etc.);
- other persons, depending on the complexity and procedural nature of the proceedings.
The Civil Procedure Code of Ukraine regulates not only the judicial process, but also establishes requirements for the content of the statement of claim, other documents provided by the parties or participants in the process, pre-trial dispute resolution, etc.
The court carries out certain procedural actions on the filed claim, conducts a hearing on the case and issues decisions, rulings, and other procedural documents on the case only in accordance with the rules regulated by the Civil Procedure Code of Ukraine.
Appealing of judicial acts is also carried out in accordance with the requirements and procedure stipulated by the Civil Procedure Code of Ukraine, including appellate, cassation, supervisory, etc.
Legislation on the division of property of spouses upon divorce
Civil legal relations are the largest area of legal relations, which includes family and legal relations. To resolve disputes, legislative acts are applied that are provided for a specific type of legal relations or related and similar legislative norms.
The property rights of citizens are determined by the Civil Code of Ukraine, as well as other laws applicable to these objects and subjects of legal relations. For example, when resolving civil disputes between husband and wife, the following applies:
- Family Code of Ukraine;
- Civil Code of Ukraine;
- Civil Procedure Code of Ukraine;
- Law of Ukraine on Court Fees.
In addition to these codes, various federal laws or rulings of higher courts may be used to resolve disputes. These are often the ones that courts use to resolve disputes.
