Division of property of spouses on mortgage


    In accordance with Ukrainian legislation, the procedure for the division of property is possible both during divorce and during marriage. At the same time, it is worth understanding that not all property of spouses can be divided.

    How the common property of spouses is divided in Ukraine

    Based on the provisions of article 69 of the Family Code of Ukraine, only property belonging to a husband and a wife on the right of common joint property is subject to division, that is, the property acquired in marriage and this property can be divided into equal parts between spouses by law. Taking this into account, our lawyers are ready to prove in court the existence of legal ways of derogating from the principle of equality of parts of spouses in common joint property. Also, we can argue that there are sufficient grounds to exclude certain property from the common joint as property that is not subject to division. All necessary information on the resolution of your question, our lawyers will be able to provide you personally at the meeting after studying your situation.

    We would like to draw your attention to the fact that often one of the spouses goes on tricks and hides from the other the fact of acquisition of property, so the second of the spouses cannot even suspect its existence. Therefore, our lawyers provide services for the search and identification of hidden property, as well as the receipt of title documents for it.

    What property not to share in divorce

    Property owned by one of the spouses on the right of personal private property is not subject to division. In accordance with article 57 of the Family Code of Ukraine, the private property of a wife or husband is:

    • Property acquired prior to marriage;

    • Property acquired during marriage, but for personal funds;

    • Property acquired on the basis of a gift agreement or in the order of inheritance;

    • Housing purchased during marriage as a result of its privatization, according to the Law of Ukraine “The State Housing Privatization Act “;

    • Land acquired during marriage as a result of privatization of land that was in use, or obtained as a result of privatization of land plots of State and communal agricultural enterprises, institutions and organizations, or obtained from land of State and communal property within the limits of the rules of free privatization defined by the Land Code of Ukraine.

    What we offer

    As the surest way, it is to consider the possibility of a peaceful settlement of the dispute between the spouses. For this purpose, with the permission of the client, we contact the opponent, and agree on a meeting and accompany the holding of peace negotiations. If the opponent stops conducting peace negotiations, regardless of the reasons, our lawyers provide legal support to the judicial process of division of property.

    We conclude that the legal assistance and support of a professional lawyer, who specializes in the division of property and has considerable experience in the disputes on the division of common joint property of spouses, allows the Client to divide the property quickly and with maximum protection of his rights and interests.