Divorce property settlement

Get an attorney’s advice

The legislation of Ukraine specifies the divorce property settlement procedure. But as every family is different, so every divorce is different too. Every case has its own nuances and shall be treated in accordance with its own specific adequate procedure that should be fair for every party of the conflict. We’ll dwell upon the key divorce property settlement rules and explain how we can help you.

Types of property division

There are two types of property division: voluntary and judicial.

Voluntary property division. Everything is quite simple in this case: both spouses agree on their property shares and after the divorce take possession of these shares without any problems. A marriage contract – a document that future husband and wife sign before their marriage and that specifies the property that each of them is going to get after their divorce – facilitates the procedure a lot.

If such a contract was signed or the spouses managed to agree on the property division amicably, the attorney just has to:

  1. Draw up a property division agreement;
  2. Provide support during the agreement notarization.

That is an ideal property division procedure that lasts for at least about a month and is never bothering. But the usual property division procedure is quite different.

Judicial property division. Families accumulate their property in many different ways. Some people get married after they get an apartment or a motor vehicle. Some people get their property as a present from their parents. Some people buy all that together with their wife or husband. Depending on the way the property was acquired, it will be divided in court during the divorce.

Divided property

The property owned by a spouse before the marriage
Presents and gifts
Personal belongings
Inheritance

Undivided property

The property bought during the marriage
Bank loans
Luxury items if they were bought together and not granted as a present or a gift
Unfinished buildings and constructions
Motor vehicles and household appliances

Unless specific exceptions apply, court will divide the divided property in halves.

Case history

A wife inherited a one-room Khrushchyovka (apartment in a low-cost building of 1960s) in a critical condition from her grandmother. Her husband had his own business, made enough money and invested about a half of the apartment price in the apartment reconstruction and maintenance. In accordance with the law, the inherited property is undivided but in this case the apartment doubled its price due to the reconstruction. The court took that into account during the divorce property settlement and the husband got his share in the apartment.

The best time to apply to attorney

As soon as you decided to divorce and the problem of the property settlement arose. You can visit us and have our advice on your situation or make a solicitation contract with our company.

We’ll also help you to divide the property acquired in civil marriage or to divide property before the divorce.

We undertake:

  • Assistance in obtaining all the necessary documents and certificates;
  • Notarization monitoring;
  • Assistance in the rights and agreements registration at the state registration authorities;
  • Receiving the certificates of title;
  • Making the property-related statements of claim;
  • Representing you in court.

If we consider your case clearly losing we’ll inform you immediately during consultation and thus save your time and money.

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