Often, upon divorce, the husband and wife cannot agree on the division of the common property. Long disputes and persuasions of relatives end in nothing.
In these cases, there is nothing else to do but to defend your interests in court.
What property can you share?
All property that you acquired during the life of your marriage is considered common, so it is divided in half into absolutely equal parts.
Moreover, this applies regardless of which of you worked, and who was engaged in farming and raising children or studied at the university, wrote a dissertation and did not have his own income.
Everything is subject to the section: houses, apartments, land, business loans, deposits, appliances, cars and other property acquired over the years of life together.
How will the court divide your property?
Upon dissolution of the marriage, all acquired property is divided in half between the spouses. Those things that cannot be divided, the court evaluates at a cost and each separately, but in equal proportions awards. For example, one will get a house, and the other an apartment, a moped and a deposit.
What still cannot be divided?
Everything that belongs to only one of the spouses is considered personal property and is not divided.
Such property, as a rule, includes:
Things you bought before marriage.
Everything that you purchased before marriage is recognized as your personal and therefore it is not taken into account in the division.
The property is inherited or was donated to you.
Everything that was presented to you or inherited is also not shared. The main thing is that it is accompanied by an appropriate agreement or other documents. Money donated in the amount of over 850 hryvnia must be issued notarially, otherwise they will have to be divided.
If you have privatized land or housing even when you are married, it is only considered your personal property. But, if it was privatized by both spouses, then it is definitely divided.
Property purchased with your personal money.
Personal money will be considered to be the proceeds from the sale of any items bought before marriage, as well as from insurance and remuneration or your gifts.
Salaries are not recognized as personal money, regardless of who worked and who did not.
It is important to note here that if you sold a house or a car that you purchased before marriage, but for cash, it is very difficult to prove in court that the next purchase was made with the same money. In this case, evidence in court is only a complete census and photos of all numbers of notes.
If the transaction was completed in non-cash form, then you can easily confirm that it is only your money, because it will not be difficult to track the source of money in bank accounts.
Bonuses for your personal merits and rewards.
Personal awards, such as receiving grants, victories in various competitions and sports competitions, as well as state awards and awards are not divided.
Insurance and reimbursement.
The sum insured paid to you for damage to property that belongs to you personally or compensation for causing moral harm to you is not divided.
Things for your personal use.
These are your personal items, for example, clothes, jewelry, watches, personal care items, etc. These things will not be taken into account in the section.
Property acquired during a separate stay.
If the spouses have not lived together, but have not yet divorced, then everything that you acquired at that time will not have to be divided, if you prove to the court that you did not live together and did not already have a relationship as a spouse. The evidence here will be the testimony of witnesses, certificates of family composition or if you were registered in different places.
What personal property can still be divided?
The court can recognize personal property as common if you provide evidence that during the marriage it was significantly improved and its value is higher than the previous one. For example, if you made repairs in an apartment or a house for the total money.
When can shared property be shared?
Most often, spouses begin to share property only with a divorce. But in fact, it can be divided when you want, even if you are still married, and for good reason.
After the dissolution of the official marriage, you can share your common property within 3 years from the moment when your rights were violated, and the date of divorce has nothing to do with it. For example, if a former spouse intends to sell a shared home without your consent. But the dissolution of an officially registered marriage does not invalidate your rights to your part of the property.
You have legal rights to allow them to use as much as you need and do not share it. But this does not mean at all that in 10 or more years your part will be transferred to your former spouse. You can divide the property and regain what is rightfully yours at any time.