- The emergence of the right of common joint property in Ukraine
- Family lawyer in Ukraine
- Increase in property value in Ukraine
- Dispute over ownership of property in Ukraine
- An example of a court decision on cases on the division of spouses’ property in Ukraine
- Family lawyer on rights to property that has increased significantly during the marriage in Ukraine
- Frequently asked questions to a lawyer in Ukraine
The emergence of the right of common joint property in Ukraine
If the property of the wife or husband during the marriage has significantly increased in its value due to general labor or monetary costs, or the costs of the second of the spouses, in the event of a dispute, it can be recognized by a court as the object of the joint property rights of the spouses (Article 62 of the SK).
If one of the spouses, by their labor and (or) funds, took part in the maintenance of the property belonging to the second of the spouses, in the management of this property or in taking care of it, then the income (offspring, dividends) received from this property, in the event of a dispute by a court decision can be recognized as an object of the law of common joint property of 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.
Increase in property value in Ukraine
In Art. 62 stipulates that if the property of the wife or husband during the marriage has significantly increased in value due to general labor or monetary costs or the costs of the second of the spouses, in the event of a dispute, it can be recognized by a court as the object of the joint property rights of the spouses.
The costs, as a result of which the personal private property of the spouses may significantly increase in marriage, are attributed by the legislator:
- joint labor costs;
- total cash costs;
- the costs of the other spouse.
We consider it advisable to dwell on the analysis of the above costs, but draw the attention of specialists to the following points – in this norm we are talking about both the general labor and monetary costs of the spouses, and the personal costs (labor and money) of the other spouse.
The general labor costs of the spouses should be attributed to the total labor costs – the overhaul of the house, the repair of the apartment, the summer cottage, etc., on their own.
Joint monetary costs include money invested by a husband and wife in improving property that belonged to one of them on the basis of personal private property.
For example, one of the spouses inherited an apartment and the spouses made a major overhaul of this apartment for common funds – such costs were significant.
As for the costs of the other spouse, they should include personal costs, both labor and money of one of the spouses, for example, the husband himself for his own funds (nominal bonus) and personally made a major overhaul of his wife’s car, which belonged to him on the right private personal property.
But in all these cases, both labor and monetary costs must be significant (significant), that is, such, from the contribution of which the value of the personal property of one of the spouses can significantly (by an order of magnitude) increase in its value compared to its original state.
The personal property of a husband, wife, subject to its significant increase in value as a result of these costs, can be recognized as common joint property with the consent of both spouses by dividing property or securing the regime of community of property in a contractual manner.
Dispute over ownership of property in Ukraine
If a dispute arises between the spouses about the property regime, then such a dispute should be resolved by the court.
If, by a court decision, the property of one of the spouses is recognized as common joint property, then after entry into legal force it will be the basis for changing the property regime of one of the spouses, that is, property that belonged to one of the spouses on the basis of personal property will be subject to the regime of common joint property. property.
But at the same time, attention should be paid to the size of the shares of the spouses’ property in such common joint property.
The question arises – will such shares be equal for each of the spouses or proportional to the improvement made? In connection with the need to provide an answer to this question, it is advisable to turn to the analysis of judicial practice.
An example of a court decision on cases on the division of spouses’ property in Ukraine
So, in our law practice in 2006, there was a case on the division of property by spouses jointly acquired during marriage.
The object of this division was the husband’s apartment, which was provided to him for his previous family (for his son and wife, who died).
The son did not apply for this apartment, since he was provided with housing.
The apartment was privatized in marriage and only in the name of the husband, since the wife, although she was registered in this apartment, refused (by agreement with her husband) to privatize the apartment, because the husband was a military man and was exempted from paying funds for privatization and surplus housing.
In addition, the wife believed that privatization was carried out in the interests of the family.
For her personal funds, received from the sale of her own apartment (the contract of purchase and sale of the apartment was filed by the plaintiff of the court), she made major repairs in the disputable apartment, due to which the apartment significantly increased in value.
The expert appraisal of the renovation was USD 15,000, which was regarded by the court as a significant improvement and the apartment was recognized as an object of common joint ownership.
But the court proceeded from the participation of each of the spouses in such an improvement.
By the time of the improvement, the cost of the apartment, according to the expert assessment, was $ 50,000, after the renovation and joint cash costs invested by the wife and husband, the cost of the apartment, according to the expert assessment, became $ 65,000.
The personal contribution of his wife was $ 50,000 – funds that she received from the sale of her apartment and partially invested in the repair of the controversial one.
At the time of the repair, her husband’s pension was 2000 hryvnia, and the salary was 900 hryvnia, and he claimed that he also gave money for repairs from these funds.
So, the husband’s monthly income was UAH 2,900.
The wife’s monthly salary is 900 UAH.
Therefore, taking into account the costs of each of the spouses for repairs, the court recognized the right of joint joint property of the spouses, but not in equal shares, but in accordance with the contributed share of each of them.
In a similar case, the court did not recognize the wife’s right to common joint ownership of the apartment, which was privatized by the husband in his name, despite the fact that this happened during the marriage in 2000.
In the apartment in 1999, my husband did the repairs himself.
After the privatization of the apartment in 2000, the husband and his wife made repairs, and invested in it his personal funds in the amount of about $ 10,000.
The court only distributed between the wife and husband the cost of repairs, based on the regime of common joint property.
At the same time, the court motivated its decision by the fact that the repairs carried out jointly by the spouses, on which USD 20,000 were spent, was carried out taking into account the investment of the wife’s personal funds, but in relation to the cost of the apartment at the time of repair – USD 100,000 – the funds invested by her cannot be considered significant improvement to this property.
Although already at the time of the consideration of the case, the expert value of the appraisal of the apartment was USD 140,000.
It should be noted that in Art. 62 SK says that if one of the spouses, by their labor and (or) funds, took part in the maintenance of the property belonging to the second of the spouses, in the management of this property or in caring for it, then the income (offspring, dividends) received from this property , in the event of a dispute, by a court decision, it can be recognized as an object of the law of joint joint property of the spouses.
Family lawyer on rights to property that has increased significantly during the marriage in Ukraine
In solving a case with the right to property, which has significantly increased during the marriage, 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 advantages of going to lawyers or divorce attorneys are:
- the efficiency of solving the case with the right to property, which has significantly increased during the 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.
If you do not know how best to act with the right to property that has significantly increased during the marriage – call our family lawyers and they will help you figure out the situation!
Today, you can solve any issue remotely – conduct a divorce online, file for divorce and alimony, 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
- Objects of the right of common joint ownership
- Exercise by spouses of the right of common joint property
- Disposal of property of spouses
