- Imposition of execution on property that is the object of the right of common joint property of spouses in Ukraine
- Family lawyer in Ukraine
- Recovery on the common property of spouses in Ukraine
- Compensation for harm caused by one of the spouses in Ukraine
- Family lawyer in the imposition of foreclosure on the property of spouses in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Imposition of execution on property that is the object of the right of common joint property of spouses in Ukraine
According to the obligations of one of the spouses, the penalty may be imposed only on his personal property and on the share in the right of the joint property of the spouses, which is allocated to him in kind.
A penalty may be imposed on property that is the common joint property of the spouses, if the court establishes that the contract was concluded by one of the spouses in the interests of the family and that what was received under the contract was used for its needs.
In case of compensation for harm caused by the crime of one of the spouses, a penalty may be imposed on property acquired during the marriage, if a court decision establishes that this property was acquired with funds obtained by criminal means.
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.
Recovery on the common property of spouses in Ukraine
The Family Code mentions two cases of imposition of foreclosure on property for the obligations of one of the spouses. Such a penalty may be imposed:
- only for the personal property of one of the spouses;
- to a share in the right of common joint property of the spouses, which is allocated to him in kind.
It should be noted that the UK says that the collection on personal property or on the allocated share in kind of one of the spouses can take place under the obligations of one of the spouses.
That is, this provision should be understood as follows. One of the spouses, unless otherwise provided by the contract, entered into a transaction on his own behalf, without asking the consent of the other spouse, and used all the funds received under the contract for personal needs, for example, bought himself a ticket to Cyprus, lost this money in a casino, etc. …
Since in the UK there is a provision that says about the reverse side of the stated legal situation.
So, one of the spouses could conclude a loan agreement in the interests of the family, that is, the funds that he borrowed, he used to purchase an apartment for the family.
Then, in this case, the imposition of a penalty takes place the consequences provided for in the IC. The lender in this case will demand the repayment of the loan by both spouses. In any case, it is optimal to consult with a lawyer about how debts are divided after divorce.
As for the personal property of the spouses, according to Art. 57 SK, it includes property acquired by one of the spouses before marriage, acquired during marriage, but on the basis of a donation agreement, by inheritance, during marriage, but with funds that belonged to one of the spouses personally, as well as things for individual use , bonuses, rewards received by one of the spouses for personal merits, 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, to him.
As for the second case, in case of common joint property of the spouses, the recovery on the share of one of them is possible only on condition that this share was allocated to him in kind.
By securing this provision, the legislator thereby protects the rights of the other spouse.
Foreclosure may be imposed on property that is the common joint property of the spouses, if the court establishes that the contract was concluded by one of the spouses in the interests of the family and that what was received under the contract was used for his needs.
When deciding this issue, it is advisable to check this provision based on the conditions of the marriage contract, which may regulate the material issues of family life, the ability of one of the spouses to conclude contracts (of a property nature) in the interests of the family.
If it is established that the contract was concluded in the interests of the family and everything received under it was used for the needs of the family, the penalty may be imposed on the common joint property of the spouses.
In life, there are transactions to the conclusion of which the second spouse must necessarily give his consent, but if such a transaction was made without the consent of the second of the spouses, then the latter is not obliged to fulfill his conditions and a penalty cannot be imposed on his share in the common property.
As for the joint obligations of the spouses, there is no doubt that the foreclosure should be imposed on the property belonging to them on the basis of the right of common joint property.
Compensation for harm caused by one of the spouses in Ukraine
In the UK, we are talking about compensation for harm caused by the crime of one of the spouses, one should proceed from the nature of the crime itself.
A crime can be committed through negligence, for selfish motives or with intent (serious crimes). Therefore, depending on these circumstances, the question of imposing a penalty on the joint property of the spouses acquired during marriage and which has a regime of common joint property should be resolved.
- If the crime was committed through negligence, for example, as a result of an accident, the car is damaged and the court verdict will establish the guilt of the person driving the vehicle, then the penalty should be imposed on its part in the property acquired by the spouses during marriage.
- If, however, a court verdict establishes that a person has committed a serious crime – taking a bribe, for which property was acquired during the marriage of the spouses, and as an additional punishment there is confiscation of property, then the penalty is imposed on all property that is common joint property.
- If one of the spouses has committed a crime for which there is compensation for damage or confiscation, but the court decision does not establish that this property was acquired with funds obtained by criminal means, then the collection cannot be imposed on the common property of the spouses.
In practice, there are cases when, in order to ensure the execution of a court sentence, state executors, conducting an inventory of property, include in it all the property of the spouses, even acquired by everyone during marriage or at their own expense.
Therefore, one of the spouses or other family members who lived with the person who committed the crime have the right to sue for the exclusion of property from the inventory act if they have evidence that the property belongs to them personally or based on the specific circumstances of the case.
As for the procedure for imposing a foreclosure on property, including the joint property of spouses, this procedure is provided for by the Law of Ukraine “On Enforcement Proceedings”.
Family lawyer in the imposition of foreclosure on the property of spouses in Ukraine
In resolving a case when a foreclosure is imposed on the property of the spouses, the most optimal is to turn to the family lawyer for the division of the property of the spouses, 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:
- the efficiency of the decision of the case when a claim is imposed on the property of the 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.
If you do not know how best to proceed when imposing a foreclosure on the property of spouses, call our family lawyers and they will help you understand 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
- 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
- Exercise by spouses of the right of common joint property
- Disposal of property of spouses
