Personal private property of spouses

Personal private property of spouses in Ukraine

Property that is the personal private property of the wife, husband in Ukraine

The personal private property of the wife, husband is:

  • property acquired by her before marriage;
  • property acquired by her during marriage, but on the basis of a donation agreement or by way of inheritance;
  • the property acquired by her, by him during the marriage, but for the funds that belonged to her, to him personally.

Family lawyer in Ukraine

Family Lawyer Our lawyers are often asked the following questions: What is the common joint property of spouses? Can the award received by the husband be recognized as joint property? Can a gift to one of the spouses be considered joint property 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.

Definition of personal private property in Ukraine

Personal private property of a wife and husband is personal belongings, including jewelry, even when they were acquired at the expense of the spouses’ common funds.

Personal private property of a wife, husband is prizes, awards that she, he received for personal merit.

The court may recognize for the second of the spouses the right to a share of this premium, award, if it is established that he contributed to its receipt by his actions (housekeeping, raising children, etc.).

The personal private property of the wife, husband is the funds received as compensation for the loss (damage) of the thing that belonged to her, as well as compensation for moral harm caused to her, to him.

The personal private property of the wife, husband is the sums insured received by her, by him under the contract of compulsory personal insurance, as well as on voluntary personal insurance, if insurance premiums were paid at the expense of funds that were the personal private property of each of them.

The court may recognize the personal private property of the wife, husband, the property acquired by her, by him during their separate residence in connection with the actual termination of the marriage relationship.

If, in addition to the general funds, funds belonging to one of the spouses were invested in the acquisition of property, then the share in this property, according to the amount of the contribution, is his personal private property.

The concept of “personal property” in Ukraine

The Family Code contains the term “personal private property of a wife, husband”, but, in our opinion, the concept of “personal property”, which is used in the UK and is widely used in civil circulation, in its essence and legal meaning coincides with the concept of “private property ”, which was applied in Art. 325 GK.

The legislator, having introduced into the conceptual apparatus of the middle class, the term “personal property”, in our opinion, thereby wanted to emphasize that this is the property of each of the spouses.

But it is believed that the terminological base of two important normative acts, which are the UK and the Civil Code, should be unambiguously consistent, as has already been noted in the scientific literature.

In addition, there is an opinion that this name is inaccurate, since the right of personal property and the right of private property are different legal categories. The current Constitution does not contain the concept of “personal property”.

It was replaced by the concept of “private property” (Article 41 of the Constitution).

We agree with the last provision on the “replacement” of the concept of “personal property”, which took place during the Soviet era, with the concept of “private property”.

In addition, if property is private, that is, of one person, it cannot be separate, because a person by himself cannot divide it. Therefore, it is advisable to name Chapter 7 of the IC “The right of personal property of the wife and husband” or “The right of private property of each of the spouses”.

What property belongs to personal property in Ukraine

In part 1 of Art. 57 SK the legislator has provided a list of property that is the personal (private) property of each of the spouses, namely:

  • property acquired by her before marriage;
  • property acquired by her during marriage, but on the basis of a donation agreement or by way of inheritance;
  • the property acquired by her, by him during the marriage, but for the funds that belonged to her, to him personally;
  • things for individual use, including jewelry, even when they were acquired at the expense of the spouses’ common funds;
  • prizes, awards that a husband, wife received for personal merits;
  • funds received as compensation for the loss (damage) of a thing that belonged to his wife, husband, as well as compensation for moral harm caused to her, to him;
  • insurance amounts received by a spouse under a compulsory personal insurance contract, as well as on voluntary personal insurance, if insurance premiums were paid at the expense of funds that were the personal private property of each of them.

In our opinion, it is precisely the position in which the legislator in the UK deserves attention, in the normative act, which, as a general rule, should regulate the common joint property of the spouses, in Art. 57 began to regulate issues in relation to the property of spouses with exceptions, namely, property that is the private property of each of them, that is, premarital property.

On the other hand, at the time of marriage, each of the spouses already had some kind of property, therefore, it is not for nothing that the legislator provides for the provision that the regime of this property can be regulated in the marriage contract and its certification can take place even before the registration of the marriage.

And it comes into legal force from the moment of registration of the marriage, from its first day, when the spouses still have no common property.

Even in the time interval of the emergence of these legal relations, there is already a logic of its own.

Property acquired before marriage in Ukraine

The legislator in Art. 57 SK speaks not about separate, that is, private property of spouses, but about the separation of premarital property.

This provision of the law can be substantiated as follows: When it comes to the division of the property of the spouses, acquired by them jointly in marriage, in a judicial or notarial order, a judge or a notary, as well as a lawyer of one of the spouses, in order to properly distribute this property, first of all, will to establish the circumstances, whether there is among the property of the spouses subject to division, property belonging to the spouses on the basis of personal (private) property and to verify the evidence submitted by the parties in confirmation of their ownership of this property as their own.

For example, if the property that one of the spouses included in the list of jointly acquired property of the spouses is his personal property, since it was acquired by the spouse before marriage or acquired during marriage, but as a gift, inheritance. If evidence is presented to the court, for example, a contract for the sale and purchase of a car that was purchased before marriage, or a donation contract for some thing in the name of a spouse, then the judge must exclude this property from the list of jointly acquired property in marriage, since this property will be considered personal …

And only after checking these circumstances, the property that will remain, that is, that which was actually acquired jointly by the spouses in marriage, is subject to division in accordance with the norms of the UK, or the personal funds of one of the spouses aimed at improving this property are subject to division.

But with such a division, judges must take into account such circumstances as possible improvements in the condition of property that belongs to one of the spouses on the basis of personal property rights, in marriage, that is, at the expense of their common funds.

In this case, the division between the spouses is not the spouse’s car itself, acquired before marriage, but only those funds that were used to improve it.

Even the provisions of Part 3 of Art. 57 SK confirm the concept of accounting in the division of the spouses’ common property, first of all, the exceptions regarding the private property of each of the spouses.

So, the law provides that the personal property of the wife, husband is prizes, awards that they received for personal merits, but the court may recognize the second of the spouses the right to a share of this premium, remuneration, if it is established that he by his actions (maintaining a home economy, raising children, etc.) contributed to its receipt.

When the spouses distribute jointly acquired property during marriage, the court may recognize the personal private property of the wife, husband, the property acquired by her during their separate residence in connection with the actual termination of the marriage due to its dissolution (part 6 of article 57 of the SK).

But I immediately want to draw the attention of specialists to the fact that the legislator uses the term “the court can recognize”, that is, in each specific case and depending on the circumstances of the case, the court, deciding on the division of the spouses’ property, can recognize the property as the personal property of the spouse, if they prove their claims and confirm these facts with evidence.

An example from law practice – section of jointly acquired property in Ukraine

So, in the practice of our lawyers for divorce and division of property, there was a case of division of jointly acquired property between spouses. The plot of the case is as follows.

The spouses entered into a marriage in 2000, from which a child was born in 2000. The wife did not work anywhere for about three years, since she was caring for the child.

The husband worked as a director of a private enterprise, had a good income, gave all the money to his wife, since she ran the household, was a good housewife.

In January 2004, they established a separate residence regime, since the wife believed that they should live separately, and, in her opinion, their relationship became tense, the husband came home late from work, did not pay attention to her, was not interested in the child.

But the relationship did not improve within six months. In addition, the wife filed for divorce.

In turn, the husband filed a counterclaim for the division of the jointly acquired property, to which he attributed the Opel Omega car, which the wife acquired in her own name in May 2004.

In objection to the claim, the plaintiff’s wife indicated that she bought the car when they lived separately with her husband, bought it new, and it costs $ 5,000 and this is her personal funds that she collected during their separation, she also needs it to carry the child for treatment.

But the court, proceeding from the circumstances of the case, evaluating the arguments of the parties and the evidence, regardless of the fact that the regime of separate residence was established between the spouses and part 2 of paragraph 1 of Art. 120 SK provides that property acquired in the future by a wife and husband will not be considered acquired in marriage, resolved this issue in essence in favor of the husband and included the car in the common joint property of the spouses.

The court motivated its decision by the fact that in that short period of time of the regime of separate residence of the spouses, even with significant savings, it is difficult to accumulate such an amount.

Therefore, the source from which the wife received such an amount of money for the purchase of a car was the spouses’ general budget, since she did not work for three years when the spouses lived together (before the establishment of a separate residence regime), she also did not provide the court with evidence of a source of her income during the regime. separate residence.

The husband even provided her with material assistance to support the child.

The concept of “the total budget of the spouses” is not used in the UK, but is used in practice and means all the funds that are allocated for the living of the spouses and the purchase of things and food by them.

In the legal situation under consideration, it can be assumed with a high degree of probability that the husband earned and entrusted the funds to his wife, which she used to purchase a car.

That is, as we can see, the court approached the decision of this case on the division of jointly acquired property by the spouses not from the formal side, but taking into account the real circumstances of the case, the arguments of the parties and the evidence they submitted in support of their claims and objections to the claim.

In paragraphs 1, 2, 3 h. 1 of Art. 57 SK property does not raise doubts about its belonging to one of the spouses on the basis of the right of personal private property, if such ownership is confirmed by evidence, in particular by a purchase and sale agreement, certified before registration of marriage, a donation agreement certified by the name of one of the spouses, a certificate of the right to inheritance and other documents confirming the ownership of the funds for which the property was acquired.

Personal belongings in Ukraine

In part 2 of Art. 57 SK says that personal private property of a wife, husband is personal items, including exercise equipment, a mobile phone, a portable player, etc., even if they were purchased for the common funds of the spouses, because in this case the provision applies h. W Art. 54 of the SK, according to which it is said that the actions of one of the spouses concerning the life of the family were committed with the consent of the other spouse, since the acquisition of such things should be attributed to the solution of issues of family life.

A similar regime applies to jewelry, which can be attributed to gold jewelry – rings, watches, which were bought for both the wife and the husband.

Things acquired by spouses for professional occupations, in particular hairdressing and medical equipment, musical instruments, cannot be classified as things for individual use, since they fall under another concept – “things for professional occupations”, which is enshrined in Part 4 of Art. 61 SK, and such things have a different legal regime, since, unlike things of individual use, they belong to common joint property.

Property acquired during the time of separation in Ukraine

In part 6 of Art. 61 SK states that the court can recognize the personal private property of the wife, the husband, the property acquired by her, during their separate residence in connection with the actual termination of the marriage relationship.

It should be paid attention of specialists and it should be noted that in this norm we are not talking about the establishment of a regime for the separate residence of spouses, because such a regime does not mean the actual termination of marriage relations, but their temporary suspension, which is due to the objective circumstances provided for in Art. 119 SK.

In this norm, the actual termination of marriage relations, in our opinion, should be understood as cases: not the establishment of a separate residence regime for spouses on the basis of a court decision, but the termination of marriage relations (actual), that is, persons are not going to dissolve the marriage, they have not established a separate residence regime, but they do not live as one family, do not maintain intimate relationships, live in different places, run a separate household, they have a different budget.

Privatization as the basis for the emergence of private property rights in Ukraine

We consider it expedient to disclose the legal consequences that each specific case causes in relation to the property of the spouses, since the apartment privatized in this period of time in the name of one of the spouses is the separate property of the spouses.

But one can hardly agree with this point of view unequivocally.

So, firstly, in Part 1 of Art. 57 SK the act of privatization does not cause the emergence of private ownership of an apartment and other objects, that is, from a formal point of view, privatization does not cause private ownership.

This position of the legislator took place in the CoBS and remained valid in the UK.

The actual circumstances of the case also sometimes prove that privatization, in particular, does not indicate private property.

Unfortunately, the courts in some cases, without any proper argumentation, come to the conclusion about personal ownership of a privatized apartment.

So, in one of the cases at the court hearing, it was established that the citizen had lived in his wife’s apartment for more than a year, where he settled with the consent of all family members.

That is, he had the right to live in this apartment, which belonged to the state housing stock.

But the cohabitation of a man with his mother-in-law is a well-known problem, and therefore the young family solved it and bought an apartment, but, practically at the same time, the question arose about the privatization of the apartment where the wife and the child lived.

It is clear that it would be in the interests of the young family that it would be advisable to register the husband in this apartment in order to privatize the apartment and to him, since he had the right to do so and this would increase the common property of the young family.

However, making concessions to his wife and mother-in-law, he decides not to participate in the privatization of the apartment.

When, later on, the problem arose of the distribution of the spouses’ common property, it turned out that the wife not only had the right to a share in the privatized apartment, but, of course, claimed half of the purchased apartment.

Due to the factual circumstances of the case and taking into account the instability of the real estate market, the husband may find himself on the street, since a two-room apartment was purchased, which in modern conditions cannot be exchanged for two one-room apartments, it is also unrealistic to sell and buy a new one-room apartment.

Where is the justice provided for in Part 9 of Art. 7 SK, when, as a result of the division of the common property of the spouses, one family member will have a larger share than the other, but they began their life together on practically equal terms.

Division of jointly acquired property in Ukraine

When providing advice on the division of jointly acquired property by spouses, lawyers must take into account the provisions of the law, if in the acquisition of property, in addition to the common funds of the spouses, funds that belonged to one of the spouses are invested, and there is evidence, then the share in this property, according to the amount of the contribution, is personal the property of the spouse who brought it in.

This circumstance should also be taken into account by the court when considering cases on the division of jointly acquired property by spouses.

But we believe that the ownership of money personally to one of the spouses must be properly confirmed, in particular, it can be a corresponding account in a banking institution, a contribution that was made in marriage, and the costs were made on the eve of the purchase, a marriage contract, which will indicate the amount of funds of one of the spouses before marriage, although, as for the last argument, the use of such funds is difficult to control.

The sale of property belonging to one of the spouses, on the eve of the acquisition of the thing, is also applied in practice as evidence of the right to increase the share in common joint property.

Extension of the joint ownership of insurance compensation in Ukraine

The personal private property of a wife or husband is funds received as compensation for the loss (damage) of a thing that belonged to her, as well as compensation for moral damage caused to her.

According to Part 5 of Art. 57 SK, there are two types of insurance: compulsory personal insurance and voluntary personal insurance.

Compulsory personal insurance is established by law and the legal relationship between the insured and the persons whose liability or possible harm is insured is regulated on the basis of the following laws: “On compulsory civil liability insurance of owners of land vehicles”, “On compulsory state social insurance in case of unemployment”, “On compulsory state social insurance in connection with temporary disability and expenses due to birth and burial”, etc.

With voluntary personal insurance, a person can insure both his personal life and himself against an accident or illness.

If the insurance contract ended when the insured person reached a certain age or during his life, then the insurance payment will be considered the joint property of the spouses only on the condition that the insurance payments were made from their common funds.

The insurance payment, if it is made to a person in the event of an accident or illness, cannot be recognized as an object of joint joint property of the spouses, even if insurance payments were made at the expense of their common funds, since insurance payments under these conditions have a targeted nature.

But in more detail the conditions of insurance can be established by the parties in a specific contract based on the principle of freedom of contract, since voluntary insurance should not be separated by clear boundaries of the law.

In addition, voluntary insurance can apply not only to the person himself, but also to his property.

Therefore, if the insured property belonged to the spouses on the basis of common joint ownership, then the insurance payments are the common joint property of the latter, regardless of who is the party to the contract (the spouse).

The personal private property of the wife, husband is the sums insured received by her, by him under the contract of compulsory personal insurance, as well as the contract of voluntary personal insurance, if insurance premiums were paid at the expense of funds that were the personal private property of each of them.

Family lawyer – personal private property of spouses in Ukraine

In resolving cases of personal private property of spouses, 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:

  • efficiency in resolving cases of personal private property of 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 the spouses' personal private property is to seek the advice of a good family lawyer!

If you do not know how best to deal with the personal private property of the spouses, call our family lawyers and they will help you sort out the situation!

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

Frequently asked questions to a lawyer in Ukraine

Can an award received by a husband be recognized as joint property?
Can a gift to one of the spouses be considered joint property of the spouses?
Does the insurance indemnity for moral damage caused to one of the spouses belong to the joint property of the spouses?
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?

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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. Division of property in a civil marriage
  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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