DIVISION OF PROPERTY OF SPOUSES
When married couples break up, the first issue for them is the conditions for the division of jointly acquired property of the spouses. Quite often, a husband and wife voluntarily and without dispute divide the property in fair shares, given the contribution of each of them and taking into account the necessary property for the child. This is formalized by a notarial contract which clearly stipulates the percentage shares, as well as what property is transferred to whom.
This type of dispute, in the absence of a peaceful settlement, is resolved only by a court. It is possible to file a lawsuit both during the divorce proceedings and after the court decision enters into force. To properly construct the case, you should consult a qualified family dispute attorney.
Ways of division of property
Movable and immovable property belonging to the right of joint ownership of the spouses is subject to division. However, there are certain categories of property that belong only to a specific person and no one can claim them. Therefore, the personal property of a husband and wife is:
- movable and immovable property which was acquired before the registration of marriage or acquired at own expense;
- movable and immovable property which was donated to a specific person;
- things for individual use (a variety of appliances, jewelry, clothing, etc.).
You can divide the property in different ways and in different proportions. Usually the property is divided in equal shares of 50% to 50%. However, there may be some differences in the use of shared movable or immovable property. In this case, the court will determine the order of use of each of the spouses of such property or oblige to pay half the value of such property. In the presence of movable and immovable property together, it is possible to make a division by transferring equivalent property.
How is the division of property if the party to the marriage is a foreigner?
The question of the division of property of a husband and wife, provided that one of them is a citizen of a foreign state, is quite complicated and requires a qualified assessment. In order for this category of cases to be considered under the legislation of Ukraine, several conditions must be present:
- the property must be located on the territory of Ukraine;
- a foreigner must have legal grounds to reside in Ukraine.
If the joint real estate is located abroad, in this case it is necessary to immediately apply to foreign courts. It is also important to determine which state’s right to apply in the distribution of movable property.