Before entering into marriage, it is necessary to understand all the subtleties associated with property, which will subsequently become the joint property of the spouses. The correct disposal of shares in the property that is the object of the right of common joint property of the spouses who are married depends on this, as well as the receipt of your part in the event of a divorce.
We will advise you on all issues of joint property of the spouses, namely:
- the right to dispose of shares in property that is the object of the right of common joint property of the spouses;
- objects of the right of common joint property of spouses;
- the emergence of the right of common joint property of the spouses to the property that belonged to the wife, husband;
- exercising by the spouses of the right of common joint property;
- the right of spouses to conclude agreements between themselves;
- the right of the spouses to dispose of property that is the object of the right of common joint property of the spouses;
- the right of spouses to determine the procedure for the use of property;
- grounds for acquiring the right of common joint property of the spouses.
A non-working spouse should always remember that the property acquired by the spouses during the marriage belongs to the wife and husband under the right of joint property, regardless of what one of them did not have for a good reason (education, housekeeping, child care, illness etc.) independent earnings (income).
According to Ukrainian legislation, every thing acquired during the marriage, except for things for individual use, is an object of the right of common joint property of the spouses.
Objects of the right of common joint ownership:
- any property, except for that which is excluded from civil circulation;
- salary, pension, scholarship, other income received by one of the spouses;
- if one of the spouses has concluded an agreement in the interests of the family, then the money, other property, including royalties, winnings received under this agreement, are the object of the right of common joint property of the spouses;
- things for professional activities (musical instruments, office equipment, medical equipment, etc.) acquired during the marriage for one of the spouses is the object of the right of common joint property of the spouses;
- housing acquired by one of the spouses during marriage as a result of the privatization of the state housing stock;
- a land plot acquired as a result of its gratuitous transfer to one of the spouses from lands of state or communal property, including privatization.
Many disputes arise due to the emergence of the right of common joint property of spouses to property that belonged to the wife, husband before marriage.
If the property owned by your spouse (s) before marriage during marriage has significantly increased in value due to your labor or monetary costs, we will help you recognize it in court as an object of the right of common joint property of the spouses, and not just your property (s) spouse(s).
If you, through your work and (or) means, took part in the maintenance, management, care of the property belonging to your spouse, we will help you to recognize in court the income received from this property as an object of the right of common joint property of the spouses and not just the property of your spouse.
With regard to the exercise by spouses of the right of common joint property, the wife and husband:
- have equal rights to the possession, use and disposal of property belonging to them on the basis of common joint ownership, unless otherwise established by agreement between them
- have the right to conclude among themselves all agreements that are not prohibited by law, both in relation to property that is their personal private property, and in relation to property that is the object of the right of common joint property of the spouses
- have the right to conclude an agreement on the alienation by one of the spouses in favor of the other spouse of their share in the right of common joint property of the spouses without allocation of this share
Spouses, by mutual agreement, may dispose of property that is the object of the right of common joint ownership, conclude agreements requiring notarization and (or) state registration, as well as agreements regarding valuable property with the consent of the second of the spouses.
If your spouse has entered into a contract without your consent, we will help you legally invalidate such contract.
At the same time, one should not forget that an agreement concluded by one of the spouses in the interests of the family creates obligations for the second of the spouses if the property received under the agreement is used in the interests of the family.
If you want to pre-determine how to use property with your (them) spouse (s), we will prepare an agreement on the procedure for using a residential building, apartment, other building or structure, land.
If you want to enter into an agreement with another person purchase and sale, exchange, donation, life maintenance (care), pledge regarding your share in the right of common joint property of the spouses, you must first determine and allocate your share in kind or determine the procedure for using the property.
If you want to bequeath your share in the right of common joint property of the spouses, we will help you to draw up such a will before determining and separating your part in kind.
