- The right of spouses to determine the procedure for the use of property in Ukraine
- Agreement on the use of the spouses’ property in Ukraine
- Family lawyer in Ukraine
- Notarization of the right to a common joint property in Ukraine
- Division of property transferred by inheritance in Ukraine
- An example of a case on the division of inherited property in Ukraine
- Family lawyer on the procedure for using the spouses’ property in Ukraine
- Frequently asked questions to a lawyer in Ukraine
The right of spouses to determine the procedure for the use of property in Ukraine
The spouses have the right to agree among themselves on the procedure for the use of property that belongs to them on the basis of common joint ownership.
Agreement on the use of the spouses’ property in Ukraine
An agreement on the procedure for the use of a residential house, apartment, other building or structure, land plot, if notarized, obliges the legal successor of the wife and husband.
This rule regulates the way spouses decide on the procedure for using property belonging to him on the basis of common joint ownership.
In the commented part, it is noted that the spouses have the right to “agree” on the procedure for using such property, but the methods of such an agreement are not determined.
The very word “negotiate” testifies to a voluntary, extrajudicial way of solving family life issues on the use of their common property.
In our opinion, such an agreement can be oral if it concerns things that do not have significant value, that is, everyday things, in particular, they can include a personal computer, bicycle, portable tape recorder, camera, etc.
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.
Notarization of the right to a common joint property in Ukraine
In this case, it is advisable to draw up such an agreement with a notary. The agreement can be formalized by concluding a transaction and its notarization.
Thus, the spouses, on the basis of the common joint property of the spouses, own a car registered in the name of the husband. Therefore, in order for the wife to use it, her right must be notarized by certifying a power of attorney to drive a vehicle.
So, clause 35 of the Instruction on the procedure for performing notarial actions by notaries of Ukraine enshrined the provision that, at the request of the parties, other transactions for which a mandatory notarial form is not established, for example, agreements on the procedure for the possession and use of common property (residential house, estate , an apartment, a garden house, a summer residence, a land plot, etc.), on the determination of the size of the shares of the spouses’ property or on the change in shares, a contract of agency, etc.
If the objects of the right of common joint ownership include objects such as a house, apartment, other structure or structure, a land plot, etc., then the spouses, by mutual agreement, in accordance with the above Instruction, can conclude an agreement on the procedure for using this property and notarize it.
The expediency of certifying such contracts is due to the fact that in the future a dispute may arise between spouses about the division of the jointly acquired property of the spouses and the allocation of specific objects (indivisible things – for example, a car) to one of the spouses, which will be considered by the court.
So, if the husband was assigned the right to use the Opel Omega car under the contract, and the Chevrolet Lacetti was assigned to the wife, then during the distribution of property between them by the court, if the wife insists on the allocation of a car to her, which her husband used under the contract, since he is in better condition, and the latter will object to this, the husband will have a better chance of providing him with this particular car.
After all, he was assigned to him, he kept him in good condition, invested funds in improving it, constantly underwent a technical examination, and therefore has a better chance of isolating this thing in kind.
Certification of such agreements may also affect the rights of spouses in the event of the death of one of them, if, in addition to the second of the spouses, there are other heirs, in particular parents, children.
Division of property transferred by inheritance in Ukraine
According to paragraph 4 of Part 1 of Art. 34, Articles 70, 71 of the Law “On Notaries”, the surviving spouse has the right to apply to a notary for a certificate of the right to a share in the common property of the spouses before or during the inheritance process.
Therefore, the one of the spouses who survived has the preferential right to allocate to him the property that was in his use under an agreement certified during the life of both spouses.
In the event of a dispute between the surviving spouse and the heirs over the allocation of precisely those objects that were in the use of the surviving spouse, there will also be a preemptive right.
An example of a case on the division of inherited property in Ukraine
So, in our law practice there was a civil case on the division of inherited property.
After the death of her husband, hereditary property remained – a car acquired by her husband in marriage, worth UAH 150,000, and a personal contribution in the amount of UAH 10,000.
The heirs were the wife and daughter of the deceased husband from his first marriage.
When contacting the notary, a dispute arose between them about the division of the car. The daughter demanded the allocation of a car to her in kind, and the wife – monetary compensation for her part. The contribution was to be distributed among them in equal shares. The wife also wanted to allocate a car to her in kind and as evidence brought her objections to her daughter’s claim.
Firstly, she had a driver’s license and during her husband’s lifetime it was she (and not he) who drove the vehicle, since he was disabled, and this right of her was also confirmed by the powers of attorney that her husband had given her to drive the vehicle for two years.
She also presented to the court evidence that it was she who, after the death of her husband, improved the condition of the car by UAH 2,000. Therefore, the court allocated the car to his wife, the daughter received monetary compensation for her share without the amount of improvement.
That is, the expert value of the car before the improvement was UAH 130,000, so this amount was to be divided in half between the daughter and wife.
In the UK we are talking about the fact that if the agreement on the use of a house, apartment, other building or structure, land plot was notarized, it obliges (is binding) not only the spouses, but also the legal successors of the wife and husband.
After our consultation, the spouses turned to a notary for certification of the agreement on establishing the procedure for using the house, the first floor was assigned to the wife, and the second to the husband.
This procedure for using the house actually corresponded to the equal distribution of the common joint property of the spouses – in half.
After some time, the spouses turned to the notary with a request to make changes and additions to this agreement by determining the shares and allocating property to each of the spouses in kind, in accordance with the originally established procedure for using the house.
That is, the notary assigned to each of the spouses 1/2 part of the house: for the wife – the first floor, consisting of a room of 20 sq. m, office 10 sq. m and a guest 15 sq. m, and for her husband – the second floor, consisting of a bedroom of 18 sq. m, office 12 sq. m and guest 15 sq.m.
So, the building was divided equally by 45 square meters between the spouses.
The couple later divorced. After the death of her husband, his legal successor – heir was his father, for whom such an agreement on the procedure for using the house and the allocation of a share in kind is binding.
Family lawyer on the procedure for using the spouses’ property in Ukraine
In deciding a case on the procedure for using the spouses ‘property, 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 promptness of the decision of the case on the procedure for using 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 using the spouses’ property – call our family lawyers and they will help you understand the situation!
Today you can solve any issue remotely – online, dissolve a marriage contracted abroad, get a divorce without registration or file a divorce from a pregnant woman, just write to our 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:
- 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
- Exercise by spouses of the right of common joint property
- Disposal of property of spouses
