Divorce is quite often the cause of all further lawsuits related to the division of property of the spouses. This section occurs only in the case if spouses have material possessions that have been acquired by joint efforts and in the interests of the family.
Oddly enough, filing for divorce is not the most difficult thing. Next – the solution of various divorce problems, the most significant of which is the division of joint property. In this case, it is appropriate to pay attention to the fact that the family lawyer must be a mandatory participant in this process so that due to their inexperience in legislative nuances, they do not remain in the broken trough. Kasyanenko & Partners Law Company lawyers have a great experience to help you cope with all the difficulties and get what you are entitled to by law.
The General legal rule States that the property that the couple acquired in marriage is their common property. In this case, you cannot do without its difficulties, which is why professional assistance is the criterion that determines the success of your lawsuit. We will not only advise you on your case, but also help you draft a statement of claim, defend your interests during the trial, or enter into a mutual civil contract, which will already contain all aspects of the section.
How does the partition work if there are children?
The division of marital property when there are children is a complex and responsible process. The family code of Ukraine, although it provides for an equal share of spouses in property, this does not mean that the court cannot deviate from the principle of equality, taking into account the interests of minor children, and not assign a greater share in ownership to the parent with whom these children remain to live. Such a decision can only be made if the number of alimony does not cover the needs of the child and does not contribute to its normal development.
The sale of the property after the divorce is finalized
Since the property is in common ownership, the spouses can only dispose of it together and by mutual consent. If we are talking about a sale, the second spouse must not only agree with this but also support the nuances of the price, payment aspects, etc. The income from the sale of the joint property must be divided in half.
The consent of the second spouse is not necessary only if a personal item is being sold, or a thing received in the process of donation or inheritance before marriage. It is possible to sell the property without difficulties even if there is already a corresponding agreement on the division of property or a court decision on this issue. Of course, before you advertise for sale, we strongly recommend that you consult with our lawyers, even if you believe that the property belongs to you. This is necessary because in the opposite case, you can get an invitation to the court from your former spouse and lose half of the money earned on the transaction.