Division of property in a civil marriage

Division of property in a civil marriage in Ukraine

The right to property in a civil marriage in Ukraine

If a woman and a man live in one family, but are not married to each other or in any other marriage, the property acquired by them during their cohabitation belongs to them on the basis of the right of common joint property, unless otherwise established by a written agreement between them.

Property subject to the common joint property rights of a woman and a man who are not married to each other or in any other marriage is subject to the provisions of Chapter 8 of the Family Code.

Family lawyer in Ukraine

Our lawyers are often asked the question: How to divide property in a civil marriage? How to draw up a statement of claim when dividing property in a civil marriage? What are the conditions of keeping a man or woman of pre-retirement age after a divorce?

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

Determination of the period of cohabitation in Ukraine

When it comes to the cohabitation of a man and a woman without marriage registration, in legal practice such relations are called de facto marital relations.

But we noticed that this terminology is not entirely correct. One can agree with this concept. Indeed, there must be a special term by which such relations can be qualified.

At the same time, it is recommended to use in this case the term “konkubinat”, which means cohabitation of one family without registration of marriage.

This position should be considered justified, but as long as this term does not find wide application and perception, both by scientists and practitioners, it is considered possible to use the term “actual marriage”.

Moreover, such a term is also very difficult to call euphonic, and even more so to use it in a contract.

In any case, such a term “a woman and a man who live in the same family, but are not married to each other” (Article 74 of the UK) is considered too extended for its application in legal practice, as well as one that is used ambiguously in the Family Code. in particular, in Art. 91 it has already been transformed into the term “woman and man who are not married to each other.”

What are the rights and obligations of persons living in a civil marriage in Ukraine

In the UK, they have introduced norms that try to regulate the relations of persons who, by virtue of their worldview, are trying to become outside the state’s influence on their relations and, in fact, outside the law.

This behavior of a man and a woman has always existed and even when the marriage was registered by the church.

During the Soviet era, such marital relations were not recognized and had no legal significance, but took place in life.

That is, on the one hand, individuals tried to go beyond the limits determined by law, and on the other, modern legislation is trying to regulate such relations.

So, the state can be understood, since it makes an attempt to give relations general directions for their settlement, since there have been and will be cases when the rights of one person in such relations are violated, and the state and, in particular, the court are obliged to resolve all controversial issues and eliminate all cases of offenses. that may take place in practice (Art. 124 of the Constitution of Ukraine).

Similarly, the church is formally separated from the state, but in cases of disputes or violations in the relationship, for example, the citizen – the church, the state must resolve conflicts, despite the fact that the church is separated from the state, and the citizen is a believer.

The legislator regulates the right and regime for the property of persons – women and men who live in one family, but are not married to each other. In addition, this new rule provides for a new condition that a woman and a man who live in one family without registering a marriage should not be in any other marriage.

Such a clarification and addition of this norm is correct, because many scientists wrote about it, since this norm in its old edition was contrary to the moral foundations of society.

Indeed, in fact, the law provided that a man and a woman, being legally married, could simultaneously have several more families.

The provisions of this article are a novelty for the family legislation of Ukraine, since it was traditionally believed that only spouses, that is, persons who are in a marriage officially registered by the registry office, can belong to property on the basis of common joint ownership.

Conclusion of a written agreement on the regime of property in Ukraine

Now the norms of the Investigative Committee enshrine the provision that property that is acquired by persons living in one family without marriage registration and who are not in any other marriage belongs to them on the basis of the right of common joint ownership.

But at the same time, in the norm there is a reservation – unless otherwise established by a written agreement between them.

So, we can conclude that persons who live as one family without registration of marriage and are not in any other marriage can conclude a written agreement on the regime of property that they will acquire when they live together.

Such property can have a regime of common shared ownership, personal private property, common joint ownership of all objects of property or some of them, and the like.

But if such an agreement is not concluded between them, then the property that they acquire during the period of their cohabitation by one family, provided that each of them does not stay in another marriage, is considered their common joint property.

These persons can also determine in the contract the regime of the property that each of them had before they began to live as one family.

In the UK, it is assumed that the provisions of Chapter 8 of the CC, that is, the rules that apply to the common joint property of spouses, apply to property that is the object of the common joint property rights of a woman and a man who are not married to each other or in any other marriage.

Some scholars believe that such a rule is contrary to Art. 21 of the UK, which states that living in one family of a man and a woman without registration of marriage is not a basis for the emergence of their rights and obligations as spouses.

This position of scientists is understandable, since the approaches to the common joint property of spouses have been formed over the years.

But now we need to take into account the novelties that take place in the Civil Code and the Investigative Committee, namely, the principle of freedom of contract, which significantly influenced the approaches to the property regime of spouses.

After all, earlier it could only be about the common joint property of the spouses, if it was acquired during marriage, or private in cases stipulated by law.

Now, with consent, spouses can change the property regime – personally transfer it to common or partial ownership, and the like.

When distributing such property, we go out of the general rule enshrined in the UK.

In the event of disputes, the burden of proof is imposed on the parties, then it is necessary to prove to the court the existence of family relations, the period during which these relations took place, the ownership of the property, its acquisition, and the like.

A wife, a husband should financially support each other – this is a general rule, which, unfortunately, is often not followed and is perceived differently by different subjects.

Therefore, in many cases, its implementation in practice can be carried out in various ways: in an indisputable manner and on a voluntary basis by the spouses themselves, the agreements obtained can be fixed in contracts, certified by notaries, and in the event of a dispute, the rights and obligations to maintain one of the spouses after a divorce are established by the court. …

Grounds for maintaining one of the spouses in Ukraine

According to the modern doctrine of the UK, the following criteria can be distinguished for classifying the grounds for content, namely:

  1. According to the status of persons having the rights and obligations of maintenance: spouses (Article 75 of the UK); persons who have divorced (Article 76 of the UK); one of the spouses within a year from the date of divorce (part 76 of the UK); persons who are not married, but have lived in the same family for a long time (Article 91 of the UK), etc. Although in principle it is difficult to agree with such a subject composition, since the title of Chapter 9 of the UK refers to spouses, and not to persons who are not married are or are divorced. In this regard, the title of Chapter 9 should be changed to “Rights and obligations of spouses, ex-spouses, and unmarried men and women, for maintenance”.
  2. By sex of persons (man or woman) with whom the child lives (Articles 84, 86 of the CK) or due to the pregnancy of a woman (Art 84 of the CK). Such a basis is considered not entirely justified, since it is inappropriate to artificially differentiate the status of a man with whom the child lives from that of a woman. You can also talk about the special status of grandparents with whom a child can live.
  3. According to the consequences: causing temporary maintenance – illness, caring for a child until they reach 3 years of age, etc., which lead to permanent maintenance – reaching retirement age, caring for a disabled child, and the like. Although they are conditionally considered as such, since they can be reviewed by the court, such grounds should still be monitored, since a person who has reached retirement age will not acquire the ability to work, but in fact can work and receive income. Sometimes people with disabilities complain that “a person who has lost an arm is obliged to undergo a medical examination every year, as if the arm could grow back”. Therefore, when assigning content, it is advisable to establish a realistic and reasonable time frame for the provision of assistance.
  4. Illness or injury as an independent reason, in our opinion, cannot be separately regulated as a basis for expenses (Article 90 of the CK), since then it is necessary to separately talk about expenses and maintenance, that is, the term “costs” used must be consistent with the term “maintenance “. It is clear that a hospital stay in modern conditions leads to additional costs, but the difference from the usual maintenance should be established and additional costs negotiated. Otherwise, it turns out that injury is a prerequisite for disability and, at the same time, maintenance, not expenses.

In addition, in the UK, two types of content are distinguished, depending on the state in which the person requiring support is located: during marriage and after divorce, which, unfortunately, is not reflected in the title of Art. 75 SK. So, Art. 75 of the UK is perceived as common, thanks to its title “The right of one of the spouses to maintenance” and its location at the beginning of Chapter 9 of the UK, but the grounds for providing content due to it cannot be considered universal, since Art. 76 UK in some cases the provisions on three conditions for granting the right to content are duplicated, and in some they are not.

Moreover, formally it turns out that only persons whose status is defined in parts 3 and 4 of Art. 76 SK, but we believe that the second of the spouses enjoys the same rights.

The above qualification summarizes the foundations of the content and makes a general comment to them.

As for the ways of providing the content, they will be commented on in each separate regulation.

Family lawyer in the division of property in a civil marriage in Ukraine

In solving a case in the division of property in a civil marriage, the most optimal is to contact a family lawyer for the division of property, who 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:

  • efficiency in solving the case when dividing property in a civil marriage;
  • 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 when dividing property in a civil marriage is to seek the advice of a good family lawyer!

If you do not know how best to proceed when dividing property in a civil marriage, 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

Is property considered joint property if a man and a woman live together, but their marriage has not been registered?
What are the conditions of keeping a man or woman of pre-retirement age after a divorce?
Is a woman entitled to maintenance after a divorce who has lost her ability to work during marriage?
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 “Division of property in a civil marriage” was useful for you – 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. Amount of shares in the property of the spouses
  3. Imposition of foreclosure on the property of spouses
  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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