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Ester Guardians / Services / Division of marital property

Division of marital property

Is it necessary to divide marital property in court? What circumstances of joint life are taken into account by the court when making a decision in these cases? Does the statute of limitations apply? These and a number of other questions are asked by clients when the issue of marital property division arises. The attorneys of our firm have extensive experience in supporting clients in these cases. We will choose the best option for you, represent your interests in negotiations with the other side and help you get the best result.

Do not want to communicate with the other side? Do not know how to divide the property acquired during the marriage? You can entrust us with your problem, and we guarantee decency, honesty and legal results.

OTHER SERVICES THAT MAY BE OF INTEREST: 

-Dissolution of marriage

-Recovery of child support and alimony

STAGES OF COOPERATION WITH A LAWYER IN ISSUES OF MARITAL PROPERTY DIVISION:

01.

Meeting of the Client with the Lawyer (in the Kyiv office or online), consultation and drawing up a phased plan for further cooperation;

02.

Formation of several possible options for the division of property acquired during cohabitation and selection of the most optimal option for the Client.

03.

Arranging a meeting with the other party (or its lawyer) and negotiating a possible pre-trial settlement of the dispute (signing a marital property division agreement);

04.

Legal support at the stage of signing a marital property division agreement or filing a lawsuit and representing the Client's interests in court.

OUR CASES

Our practice:

Case № 369/7426/21
Client's request:

The Client requested to divide the marital property. The Client did not know the legal details of such a division and did not want to communicate personally with the other party.


Actions taken:

We carried out a legal analysis of the situation and filed a statement of claim with the court, as well as represented the Client's interests in court.



Result:

The claim was satisfied. The principle of presumption of joint ownership was complied with.




https://reyestr.court.gov.ua/Review/108948464

Case № 369/15315/18
Client's request:

The Client requested to divide the marital property. The Client did not know the legal specifics of such a division and did not want to communicate personally with the other party.



Actions taken:

We conducted a legal analysis of the situation and offered the Client several possible options for dividing the property acquired during the marriage. A statement of claim was filed with the court and the Client's interests were represented in court.


Result:

As a result of the court decision, the spouses' property was divided taking into account the Client's interests. The decision of the first instance was not appealed by any party.




https://reyestr.court.gov.ua/Review/95686642

FAQ

THE MOST COMMON QUESTIONS ABOUT THE DIVISION OF MARITAL PROPERTY

The property acquired by the couple during the marriage belongs to the wife and husband on the right of common joint ownership, regardless of the fact that one of them did not have independent earnings (income) for a valid reason (study, housekeeping, childcare, illness, etc.).

It is believed that every thing acquired during the marriage, except for things for individual use, is the object of the right of joint joint ownership of the spouses.

1) property acquired by her, him before marriage;

2) property acquired by her, him during the marriage, but on the basis of a gift agreement or by inheritance;

3) property acquired by her, him during the marriage, but for funds that belonged to her, him personally;

4) housing acquired by her, him during the marriage as a result of its privatization in accordance with the Law of Ukraine “On Privatization of the State Housing Fund”;

5) a land plot acquired by her or him during the marriage as a result of privatization of a land plot that was in her or his use, or obtained as a result of privatization of land plots of state and municipal agricultural enterprises, institutions and organizations, or obtained from state and municipal property within the limits of free privatization rules determined by the Land Code of Ukraine.

Other cases stipulated by the current legislation of Ukraine.

The statute of limitations does not apply to claims for the division of property that is the subject of the right of joint marital ownership, provided that the marriage between them has not been dissolved. A claim for division of property filed after divorce is subject to a limitation period of three years, which is calculated from the date when one of the co-owners learned or could have learned of the violation of his or her property right.

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