How to divide property at divorce?

28.11.2010 10:38
The question of property in divorce proceedings is often a "stumbling block" due to the fact that each of the spouses wants to grab a piece of real estate "fatter".

How to do the same, so no one left out and resentful? What you should know and what facts and documents to operate? Let us examine a few situations.


Situation 1. Husband, wife (with child or not) - the privatized apartments
The Family Code of Ukraine states that the property (real estate, apartment), acquired by the spouses during the marriage belongs to the wife and husband on the right of common ownership, regardless of the situation where one family member had no good reason (training, homemaking agriculture, child care, illness, etc.), independent of earnings (income).

Therefore, upon divorce, the apartment is a matrimonial property, and will be divided in equal parts. It is worth noting that the shares are all really equal, and even debts for utilities ...

Situation 2 - Husband, wife (with child or not) - non-privatized apartments

The difference of the privatized and non-privatized apartments is that the second can not be sold. Therefore, this apartment, in case of divorce, will be divided between spouses or between spouses, and child in equal parts.

Situation 3 - Civil marriage, buying an apartment together
With respect to civil marriage and property acquired in it ...

In our society, in principle, the concept of "civil marriage" is interpreted a little wrong. Let's face it.
Civil marriage - a marriage registered registry offices. If citizens are living together - it's just a form of cohabitation. And in the case of the so-called "divorce" would need to prove the general housekeeping. And if at the time of cohabitation you purchased the property, you just need to conclude a treaty in which you want to register all the conflict issues.

Situation 4 - Civil marriage, Flat framed in one of the "spouses"
In a situation when people live together in the acquired in an apartment that belongs to one of the "spouses", the second family member can count on the part of itself, if it proves that the years of cohabitation, he improved housing, to invest in this apartment and m . n.

But by law, this property (apartment, real estate) is a privately owned one of the "spouses" and divide this house almost unreal. The fact of the general economy will have to prove in court, bring witnesses, etc. wiggery will be at least a year, and the results predict no one can, because our judicial system is simply unpredictable.

Situation 5 - Together buying an apartment, a mortgage on a single
Acute today remains a question mortgage lending spouse, if payments are made only one spouse. For the Laws of Ukraine has no distinction, who conducted the actual payments. Important is the fact that the apartment is purchased during the marriage, and hence is owned jointly by spouses.

If one spouse signed a contract for the family, money and other property (apartment, real estate), including fees or winnings, which were received under this contract are subject to rights of common property of spouses.

SO: Husband and wife have equal rights to own, use and disposal of property (apartment), which is theirs by right of common property, if other conditions are not set in advance a specific agreement or marriage contract between them.

24.ua
Content tags: Tips on Real Estate
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