Whether you are married or planning to divorce your spouse, the distribution of family-acquired benefits can raise many legal issues.
We will try to help you in this article!
The Family Code of Ukraine stipulates that a wife and husband have the right to share property belonging to them on the right of joint joint ownership, regardless of divorce. The division of common property takes place in equal shares.
The main thing in the process of division of property is to correctly determine the amount of joint joint ownership, ie all the property that was acquired by the spouses during the marriage.
Thus, the division into equal shares will be subject to:
salaries, stipends, pensions and other incomes of both spouses
winnings, fees
property acquired under a contract entered into in the interests of the family.
things of professional occupations of both spouses, ie different musical instruments, medical equipment, etc.
Everything that was acquired by each spouse before marriage will remain as an individual ownership and will not be taken into account in the division of property.
In addition, some other property will not be divided, even though it was acquired during the marriage:
this property is inherited;
this is a gift;
this property was acquired at personal expense;
this is housing or land that has been acquired through privatization.
How is the division of property and how should the spouses act if necessary to make such a division?
Certainly, the best option is to peacefully divide all the property by agreement. You can conclude a contract during the marriage, which will provide a detailed procedure for the division of property, taking into account the wishes and needs of each spouse.
In cases where the husband and wife cannot agree on the division of property between them, it is advisable to apply to the administrative court.
In considering such a case, the court will determine the amount of jointly acquired property and the source of its acquisition, and, guided by family law, will decide how to properly divide it between the spouses.
If you need legal advice on the division of marital property, contact our family lawyers.
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