Amount of shares in the property of the spouses

Amount of shares in the property of the spouses in Ukraine

Division of property in case of divorce in Ukraine

In the case of division of property, which is the object of the law of joint joint property of the spouses, the shares of the property of the wife and husband are equal, unless otherwise specified by an agreement between them or a marriage contract.

When resolving a dispute on the division of property, the court may deviate from the principle of equality of shares of the spouses in circumstances of significant importance, especially if one of them did not care about the material support of the family, hid, destroyed or damaged common property, spent it to the detriment of the interests of the family.

Family lawyer in Ukraine

Our lawyers are often asked the question: What is the size of the spouses' shares in the common property? What grounds are there for increasing the share of property of one of the spouses? When can the court award a reduction in the share of the property of one of the spouses?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

Grounds for increasing or decreasing the share of property in Ukraine

By a court decision, the share of the wife’s or husband’s property may be increased if children live with her, as well as an incapacitated adult son, daughter, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development and treatment.

In the UK there is a general provision on the division of property, which is the object of the law of joint joint property of the spouses. In accordance with this division, the shares of the property of the wife and husband must be equal.

But in this norm there is a warning that these particles may not be equal, unless otherwise determined by an agreement between spouses or a marriage contract.

A characteristic feature of cases (disputes) on the division of joint property of spouses in accordance with the current legislation is a departure from equality of shares, which is regulated by the UK.

Reducing the share of the unemployed spouse in the division of property in Ukraine

So, in the case of division of property, which is the object of the law of common joint property of the spouses, the court may deviate from the principle of equality of shares of the spouses in circumstances of significant importance, in particular, if one of the spouses did not care about the material support of the family, hid, destroyed or damaged the common property, spent it to the detriment of the interests of the family.

This wide range of reasons for reducing the share of one of the co-owners is not limited in time, and therefore there may be a question about unemployment of one of the spouses, a damaged car, scratches on valuables, spending on a hobby or meeting the interests of one of the spouses.

It is believed that this provision of the Family Code requires additional interpretation, since it is impossible to “hide” property from the second of the spouses.

That is, when an inventory of all property is drawn up, any thing can be classified as common property, including funds that have disappeared from the general budget, and the like.

Therefore, in the event that the co-owner does not include individual things in the list of common property, the defendant is obliged to remind him of this.

Unemployment of one of the spouses can be classified as negligence regarding the material support of the family in the event that the spouse did not take any action to actually get a job:

  • contacting the employment service, employment;
  • advertisements in the press for job search and the like.

At the same time, if such steps have been taken, the lack of work can be qualified as an objective reason for the lack of earnings, and therefore the husband cannot be blamed for this and his share cannot be reduced.

In any case, a small salary of one of the spouses cannot become a basis for reducing his share or switching to a proportional method of distributing common property, depending on the contribution made, since this method is unacceptable for the division of the common joint property of the spouses.

It is also believed that mutual claims should be limited to a general limitation period of three years.

That is, each of the spouses can forgive the harm caused to the spouse, for example, reimbursement of the value of property damaged by a third party, and can qualify such actions as spending funds to the detriment of the interests of the family.

The relevant circumstance can be accepted by the court to reduce the share of one of the co-owners only if such an event took place no more than three years ago.

It is believed that different grounds should have corresponding consequences. In particular, it seems that the damage to the thing and other specific circumstances should correspond to the amount of the decrease in the share of one of the co-owners.

In this case, the party that asks the court to reduce the size of the share of the other spouse must prove not only the existence of the circumstance on the basis of which such a claim is made, but also prove that the share of the second spouse should be somewhat reduced.

Grounds for increasing the share of property of one of the spouses in Ukraine

By a court decision, the share of the wife’s or husband’s property may be increased if children live with her, as well as an incapacitated adult son, daughter, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development and treatment.

Depending on the interests of the party to the dispute, the application of this rule can be approached from several positions.

So, in this norm, in fact, we are talking about cases when the received alimony is insufficient to ensure the physical, spiritual development and treatment of children.

This provision is understandable and adapted to modern wages. Therefore, in the event of a division of common joint property, the state will help persons raising children.

Therefore, the court is empowered to deviate from the equality of shares when it comes to the division of common (joint) property.

However, in Art. 70 SK does not indicate to what maximum size the share can be increased, that is, we are not talking about the amount of “departure” from the equality of shares.

It is clear that the court cannot deprive the co-owner of the common joint property of his property rights, that is, deprive him of property altogether. The real “departure” from the equality of shares depends on the size of the common joint property.

So, we can propose such a logical way of calculating when the size of the common property is significant: from the child’s subsistence minimum, which is established by law, subtract the amount of alimony paid by the obligated person, and multiply the result by the number of months that remain until the child reaches the age of majority.

It is not difficult to explain this method of counting, since when paying alimony in accordance with a court decision, additional penalties cannot be applied to a person, but at the time of “revising his property status”, his real material capabilities can be determined.

In other cases, the count depends on the arguments that may be given by both the plaintiff and the defendant.

For example, when one of the parents refuses to receive alimony, despite their small size, this situation can be transformed into the fact that the child is well-off and does not need help, so there is no reason to “move away” from equal shares of the spouses.

If the question concerns an apartment, then this property is used for living, therefore, it is difficult to reduce the ownership of such objects, since, in this way, one of the spouses may be deprived of housing, and not formally, property.

The above and other ways of using part 3 of Art. 70 UK testify that each specific case will differ in reasoning and in practice will cause certain difficulties for both judges and lawyers.

The above provisions should be understood at the same time that the amount of alimony is not clearly regulated by law, and therefore it is impossible and clear to establish what funds should actually be collected for the maintenance of the child, taking into account his physical, spiritual development and treatment.

Quite often, in legal practice, questions arise about which of the spouses will receive a particular thing in kind.

For example, such a promising thing as a car quite often goes to someone who has the right to drive, a garage to preserve it, and the like. Very rarely, lawyers use a way to bring the prospects of such a thing as the demand for certain brands of cars, which gives reason to remove such a thing without unnecessary difficulties. At the same time, second-hand furniture is sold at an insignificant price and with certain difficulties.

Here it should be borne in mind that individual things are integral parts of an indivisible object, such as, for example, a one-room apartment.

So, in our practice there was a case when it was proposed to share: a toilet bowl, front doors, a washstand, etc. separate from the apartment.

But these things are integral parts of the apartment, and therefore can only belong to the person to whom the apartment is transferred.

Otherwise, the other spouse is obliged to ensure the installation of similar things, but at a lower cost.

Family lawyer in determining the size of the shares of the spouses’ property in Ukraine

In solving a case with the size of the spouses ‘property, the most optimal is to contact a family lawyer for the division of the spouses’ property, which will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • promptness of the decision of the case with the size of the parts of the property of the spouses;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.
The best way to save time and money on a spouse's share of property is to seek the advice of a good family lawyer!

If you do not know what to do with the size of the spouses’ property, call our family lawyers and they will help you sort out the situation!

Today you can solve any issue remotely – online, just write to the messenger (Viber, Telegram, Whatsapp) to our family lawyers.

Frequently asked questions to a lawyer in Ukraine

When can the court award a reduction in the share of the property of one of the spouses?
What grounds are there for increasing the share of property of one of the spouses?
Is unemployment of one of the spouses a reason to reduce the share in the division of property?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Particle Size of Spouses’ Property” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Division of property of spouses
  2. Imposition of foreclosure on the property of spouses
  3. Division of property in a civil marriage
  4. Personal private property of spouses
  5. Common joint property of spouses
  6. Objects of the right of common joint ownership
  7. The right to property that has significantly increased during the marriage
  8. Exercise by spouses of the right of common joint property
  9. Disposal of property of spouses
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