Exercise by spouses of the right of common joint property in Ukraine
The wife and husband have equal rights to own, use and dispose of property, which is the object of the right of common joint property, unless otherwise established by an agreement between them (Article 63 of the SK).
The right of common joint property of spouses in Ukraine
The article enshrines the general provision that the wife and husband have equal rights to own, use and dispose of the spouses’ property belonging to them on the basis of the right of common joint property.
But in this general provision of the law there is a warning that such possession, use and disposal of property is possible, unless otherwise established by an agreement between them.
It should be noted that such an agreement can be enshrined in a marriage contract, according to which spouses can change the regime of the property that they acquired during the marriage, namely: provide for a regime of common joint ownership of property or its individual objects, establish a regime of joint partial ownership or a regime private (personal) property of each of the spouses.
In addition, the Family Code of Ukraine deals with such powers of spouses in relation to property, such as possession, use and disposal, each of which has its own purpose.
The right of ownership means a legally secured opportunity for the owner to have property in his jurisdiction, in the sphere of his actual economic impact.
As for the right to use, this is a legally enshrined opportunity for the economic use of property and the extraction of useful properties from it by the owner or persons authorized by him.
Disposal of property in Ukraine
The right to dispose is the legally enshrined ability of the owner to independently decide the fate of the property by alienating it to other persons, changing its condition and purpose.
We believe that all the above powers should be disclosed in Chapter 8 of the Criminal Code, but here the main focus is on the right to dispose of property.
So, on the basis of the right of common joint property, spouses may own various property, in particular, those listed in Art. 61 SK.
Family lawyer in the exercise by spouses of the right of common joint property in Ukraine
In solving a case when the spouses exercise the right of common joint 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 benefits of going to family or divorce lawyers are:
- the promptness of the decision of the case when the spouses exercise the right of common joint property;
- 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 when the spouses exercise the right of common joint property – call our family lawyers and they will help you sort out the situation!
Today, you can solve any issue remotely – online, file a divorce through a court or registry office, 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
- The right to property that has significantly increased during the marriage
- Disposal of property of spouses
