- Objects of the right of common joint ownership in Ukraine
- Family lawyer in Ukraine
- Definition of objects of the right of common joint property in Ukraine
- Division of property in common joint ownership in Ukraine
- Family lawyer in determining the objects of the law of common joint property in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Objects of the right of common joint ownership in Ukraine
Any property, except for those excluded from civil circulation, may be the object of the right of common joint property of the spouses.
The object of the right of common joint property is wages, pensions, scholarships, and other income received by one of the spouses (Article 61 of the SK).
If one of the spouses has entered into an agreement in the interests of the family, then the money, other property, including royalties, winnings, which were received under this agreement, are subject to the law of joint joint property of the spouses.
Items for professional occupations (musical instruments, office equipment, medical equipment, etc.) acquired during marriage for one of the spouses are subject to the joint property rights of the spouses.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
Definition of objects of the right of common joint property in Ukraine
Before proceeding to a direct commentary on this rule, it should be noted that it speaks of the objects of the law of common joint property of spouses.общей совместной собственности супругов.
The common object of the law of common joint property is any property of the spouses (part 1 of article 61);
Special objects that the legislator separates from all (any) property of the spouses and refers to it:
- salary, pension, scholarship, other income received by one of the spouses (part 2 of article 61);
- property received on the basis of contracts and used in the interests of the family (part 3 of article 61);
- things for professional activities (part 4 of article 61).
Article 61 of the Family Code states that any property, except for those excluded from civil circulation, can be the object of the law of common joint property of spouses.
But it should be noted that the regime of property excluded from civil circulation is regulated by special rules, as indicated in Part 2 of Art. 178 CC.
Consequently, the provision of this provision stating that the object of the law of common joint property is wages, pensions, scholarships, other income received by one of the spouses as a general rule, except for bonuses, awards that one of the spouses received for personal merits (part 3 Art.57 SK.) is superfluous, since, based on the concept of a family, enshrined in Art. З of the SK, its main feature is mutual rights and obligations, including material support, for example, for the maintenance of the children of one of the spouses, a joint life, which includes the running of a common household by the spouses, which is impossible without money, therefore, it provides for the contribution by each of the spouses to the family budget of their wages, pensions, scholarships.
Division of property in common joint ownership in Ukraine
The provisions of Part 3 that, being in a registered marriage, a person entered into an agreement in the interests of the family, then money, other property, including fees, winnings, which were received under this agreement, are subject to the right of joint joint property of the spouses, some degree duplicates Part 4 of Art. 65 SK.
But both in part 3 and in part 4 of Art. 65 SK we are talking about “concluding an agreement in the interests of the family,” however, this provision was not disclosed and consolidated either in the UK or in the Civil Code.
So, part 2 of Art. 65 of the SK provides that when concluding contracts, one of the spouses is considered that he acts with the consent of the other spouse, that is, there is a presumption (predictability) of the consent of the other spouse.
Therefore, if the husband or wife does not go to court, as provided in Part 2 of Art. 65 SK, on recognizing the contract as invalid, if it was certified by the joint joint property of the spouses without the consent of the other spouse, such an agreement is considered valid, that is, rights (part 3 of article 61 of the SK) and obligations (part 4 of article 65 of the SK) under such an agreement apply to both spouses.
The provisions of this part that things for professional occupations (musical instruments, office equipment, medical equipment, etc.) acquired during marriage for one of the spouses are subject to the joint property rights of the spouses deserves attention, because these things , as a rule, are expensive, that is, they belong to valuable property.
In addition, the provisions of Part 3 of Art. 71 of the UK, which states that things for professional employment are awarded to the spouse who used them in their professional activities.
The value of these items is taken into account when awarding other property to the spouse.
Family lawyer in determining the objects of the law of common joint property in Ukraine
In solving a case under the object of common joint property rights, the most optimal is to contact a family lawyer for the division of the spouses’ 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 benefits of going to family lawyers or divorce lawyers are:
- the efficiency of solving the case with the object of the right of common joint ownership;
- 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.
If you do not know what to do with the object of common joint property rights – 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
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Useful site materials advokat-family.com.ua:
- Division of property of spouses
- Amount of shares in the property of the spouses
- Imposition of foreclosure on the property of spouses
- Division of property in a civil marriage
- Personal private property of spouses
- Common joint property of spouses
- The right to property that has significantly increased during the marriage
- Exercise by spouses of the right of common joint property
- Disposal of property of spouses