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The process of dividing property through the court

The laws of Ukraine indicate the fact that all the property that a married couple has acquired in marriage is their common property. The division of joint property shall not be taken into account only items of personal use. If the division takes place through the court, it begins with the preparation of a corresponding statement of claim, in which you need to specify the number of material goods, their value, the share of ownership of each of the spouses, etc. With this, you can help a divorce lawyer of Kasyanenko & Partners Law Company who can resolve and sort out the most complex and most complicated cases.

When does it become necessary to go to court?

You can apply to the court with a claim of this type before the divorce, during the registration of divorce papers and after it. The spouses have three years to divide the property – this is the Statute of limitations. This is important if the marriage has not yet been dissolved, but the spouses live separately and purchase property with their money. If you do not go to court in time, even such material goods can be considered jointly acquired. The division of property in court, in turn, assumes that, according to the law, each spouse has an equal share in the common property. But this percentage may vary depending on the specifics of the case. And this can only be indicated to you by an experienced lawyer who knows his business.

For example, in divorce proceedings, one of the spouses with whom minors or disabled children remain to live may receive a larger share of the common property due to the circumstances. Courts rarely leave such moments without attention. A similar situation occurs if the alimony paid does not cover the needs of the child in physical and spiritual development, is insufficient assistance in treatment, etc. (read more about alimony here).

Nuances of the section of a privatized apartment in court

Most often, when dividing an apartment after a divorce, each of the spouses receives an equal share in the ownership of the real estate. But there are situations when the share of one spouse can be reduced or increased in court. There may be the following reasons for this: the spouse did not provide the family financially without good reasons, owns property that was hidden from the family, and was engaged in embezzlement of family property.

The court can also award monetary compensation for the share of the apartment if it is not subject to division in kind. Sometimes one of the spouses can get an entire apartment, and the second – a garage with a car or a cottage. If when buying a home, the shares of the spouses were registered in the contract, the apartment is not subject to division through the court, since the right of ownership is already known. Housing accepted as a gift is also not subject to the section.

It is best to solve the problem peacefully and divide the apartment, based on the circumstances in the family. If such an outcome is not possible, then make sure that your interests are represented by a family lawyer who knows his business.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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