In the modern world, divorce is not a rare phenomenon. In most cases, young couples break up. A storm of bright emotions, caused by strong feelings and a certain naivety, can suddenly turn into hatred, anger and rejection of each other. On the basis of the breakdown of relations, disputes and conflicts often arise. The main one is the division of property.
The right of spouses to divide property
According to Art. 69 of the Family Code of Ukraine, regardless of whether a husband and wife are divorced, property is divided by mutual consent. If the parties cannot agree among themselves, they file a claim with the court to resolve the dispute. According to Art. 70 of the Family Code, when dividing the joint property of spouses, the shares are divided equally between them. However, the court may change the fate of the shares in the event that one of the spouses did not financially provide for the family, did not comply with the rules for child support, caused damage or destroyed the joint property.
On the other hand, the share of property may be assigned to a larger share for both the husband and the wife. The court makes such a decision if the amount of alimony is insufficient, and checks whether there are enough funds for the child's development or treatment.
It also happens that a husband or wife does not want to give up their share of their property. At the same time, they claim that they purchased it with their own money, and the other party did not participate in it. So what to do with this situation? Let's figure it out. To confirm the words, appropriate documents are needed. For example, a real estate contract, receipts. If a husband purchased an apartment on credit and registered it for himself, and the woman did not contribute funds at that time, then the housing will still be divided equally. This applies to couples who were in both an official marriage and a civil one. However, open questions arise regarding unofficial marital relations. They can be resolved! First of all, it is necessary to prove the fact of cohabitation. Confirmation that the household was run jointly. Only after that can you claim the property. It is worth knowing! Along with half of the property, half of the loan will also pass. Therefore, ask yourself whether you have the opportunity to pay the amount specified in the contract on time. Especially when living under the same roof is already unbearable.
What property is considered personal property?
According to Art. 57 of the UWC, property is not divided if it was purchased before marriage with one's own funds; personal belongings, gifts, bonuses, awards. In addition, property acquired during cohabitation is also personal property. However, as noted above, in order for one of the parties to claim it, it is necessary to prove one's own contribution. If the apartment was donated or inherited - division is impossible!
In order not to waste your time, money and nerves, try to resolve the issue peacefully. If you fail, go to court. And to get professional advice, contact lawyers. Information about consulting on Property distribution, you can get it on the website.