Objection to the claim for division of property

Objection to the claim for division of property

The process of divorce most often includes the process of dividing jointly acquired property. In such a situation, spouses have two options for distributing such property:

• contractual (by drawing up a distribution agreement in the manner prescribed by the Family Code of Ukraine (Family Code of Ukraine) or by concluding a marriage contract in the manner established by the head of the Family Code of Ukraine);
• judicial (Family Code of Ukraine) — if it is impossible to reach an agreement between the spouses, it is necessary to use the judicial procedure.

In this case, one of the spouses files a lawsuit with a request to divide the common property. In this case, such property is indicated, evidence is attached, and so on.

That is, the process of filing such a claim occurs according to the general rules of claim proceedings, according to the chapter of the Civil Procedure Code of Ukraine (hereinafter the CPC of Ukraine). It is logical that since the division of such property occurs in court, there is any dispute between the parties. Therefore, it is unlikely that the defendant in the case will fully and completely agree with the plaintiff’s claims.

Objections to the distribution of common property of spouses

Filing an objection to a statement of claim should generally be understood as a mandatory action if the defendant does not agree with the plaintiff’s demands, and also has his own opinion and is ready to present relevant evidence that declares the plaintiff’s position.

After accepting the application for consideration, the court is obliged to notify the defendant in due course by sending him a copy of the statement of claim. According to the Civil Procedure Code of Ukraine, after the application is submitted to the court and accepted, the stage of preparing the case for trial begins (about which the court issues a corresponding ruling).

How to file an objection to the division of joint property of spouses?

The court may order the parties to perform certain actions, and the Civil Procedure Code of Ukraine contains a list of them. In accordance with the above-mentioned article, the defendant or his representative:

• clarifies the requirements specified in the statement of claim, and also determines the factual basis for such requirements;
• submits to the plaintiff (or his representative), as well as to the court, his objections to the statement of claim (necessarily in writing);
• attaches to the document evidence confirming the validity of the circumstances that were stated;
• files a petition to the court to request evidence that he can obtain independently.

Thus, objections to the statement of claim should be filed at the stage of preparation for the trial. It is necessary to first familiarize yourself with the statement of claim, on the basis of which the corresponding document is drawn up. In addition, it is necessary to consider the court’s determination on the preparation of the case for consideration.

Proper drafting of a statement of claim, as well as the attachment of the necessary evidence, is the key to success in the process of dividing common property.

How to draft objections to a claim for division of property

Drafting an objection to a statement of claim is a creative process that involves several mandatory stages. First, it is necessary to understand the very essence of this key action, for which it is necessary to present it to the court and the plaintiff. An objection to a claim is, first of all, an indication of one’s position on this case. This is disagreement with the demands that the plaintiff makes. But it is also worth noting that such a document should not be unfounded: it must be supported by certain evidence.

In order to correctly draw up the above document, the defendant or his representative must perform the following actions:

• carefully read a copy of the statement of claim, as well as the court’s ruling;
• highlight the provisions of the statement of claim with which the defendant does not agree;
• formulate your position on the disputed issues, support this with the relevant provisions of the law;
• collect the necessary evidence confirming the circumstances stated by the defendant;
• draw up this document in writing, as required by the Civil Procedure Code of Ukraine;
• send an objection (with attached evidence) to the court, as well as to the plaintiff.

After the above stages (actions) have been completed, the defendant’s objection will be ready for submission to the court. Thus, the defendant’s position on the plaintiff’s stated claims will be expressed.

Objection to a statement of claim for division of property of spouses in court

According to the Civil Procedure Code of Ukraine, as well as the Civil Procedure Code of Ukraine, the judge in his ruling may instruct the parties to perform certain actions. Including suggesting that the defendant present his objections, as well as support them with relevant evidence. In addition, the Civil Procedure Code of Ukraine provides for the court to question the defendant at this stage about the circumstances of the case, as well as about his objection. Thus, this document should be submitted in writing (Civil Procedure Code of Ukraine).

Example

Minkova filed a claim with the court asking for the division of jointly acquired property. In the claim, she indicated that the house, household appliances, and the car are joint property, and therefore subject to division by law, since there is no marriage contract or agreement on division.

Her ex-husband, Semenov, having familiarized himself with a copy of the claim, drew up an objection in which he indicated that the car belongs to him by right of ownership, since he purchased it with his own funds before the marriage with Minkov. In addition, he provided a contract of sale for the car indicating the date of its preparation, as well as a marriage certificate.

Semenov presented all these documents to the court, as well as to the plaintiff. In addition, in the objection it was noted that he agrees with other requirements for the division of the house and household appliances. The court accepted the above documents, involving them in the case.

There are no complications in the above process. It should be remembered that in accordance with the Civil Procedure Code of Ukraine, the defendant will be obliged to prove the circumstances to which he refers in his objection. In other words, you should not indicate circumstances that cannot be proven.

However, it is important to remember that, in accordance with the Civil Procedure Code of Ukraine, the defendant has the right to file a motion before the court to obtain evidence that he cannot obtain independently.

Consideration of an objection to a claim for division of property through the court

1. The court considers the objection to the claim, as well as the statement of claim itself. This also happens at the previous stage, primarily in order to oblige the parties to perform certain actions (for example, to provide the court with evidence of the stated demands or circumstances to which the parties refer).
2. In addition, the court also checks the evidence that the defendant presents along with his objection.
3. The court also appoints an expert examination and performs other actions if they are necessary or in the event of a corresponding petition from one of the parties to the case.

Of course, objections, and evidence attached to it, are also considered in court proceedings. Based on the opinions of the parties set out in the claim and objections, as well as on the evidence provided, the court makes a decision on the case. Objections and evidence attached to it are considered in the general order provided for by the chapter of the Civil Procedure Code.

Lawyer’s responses to objections to division of marital property

Objection to the claim for division of property of spouses

An objection to a statement of claim is an instrument for declaring one’s disagreement with the plaintiff’s demands, as well as for indicating one’s reasoned, i.e., with the presentation of relevant evidence, opinion on the case. This document is submitted to the court at the preparatory stage after the defendant receives a copy of the statement of claim, as well as the court’s ruling. The legislation provides for the preparation of such a document exclusively in writing.

Basically, the content of the denial comes down to a statement that the property indicated by the plaintiff in the statement of claim is not common or, conversely, some property was not indicated there. Otherwise, this can be any issue related to the division of property between former spouses. This document is considered by the court both at the preparatory stage and directly in the trial. The document, as well as evidence, is considered in the general order, like all other materials on the case.

Thus, drafting a denial seems to be a necessary step in building the defendant’s line of defense in a dispute over the division of jointly acquired property.