Have to share: lawyers reveal the nuances of property division during a divorce.

Ukrainians were explained how to divide property during a divorce.

This was reported by "Khvylia".

Divorce is always a complex process, especially concerning the division of joint property. During a divorce, one of the most important issues is the distribution of property. Some spouses agree among themselves, after which they take this agreement to a notary. Others are forced to go to court to claim their rights.

In marriage, property acquired by the spouses is considered joint ownership. This applies even to those who do not work due to circumstances such as childcare, studies, or illnesses. However, personal property, such as gifted real estate, is an exception.

Spouses can divide joint property both during marriage and during a divorce. This can be done by mutual agreement through a contract.

If real estate is divided, the contract must be in writing and notarized, according to the Family Code of Ukraine.

Lawyers note that spouses should contact a notary for the division of joint property and conclude a contract.

Ivan Kudoar, a lawyer, said that during a divorce, it is possible to agree on the division of property and the conditions for raising children. There are several ways to resolve these issues, including concluding contracts with a notary.

He noted that spouses can conclude a contract in which the rights to property after divorce are defined. The contract is notarized and entered into the Property Register, officially changing the ownership structure.

If the real estate belongs only to one of the spouses, a contract can be concluded indicating the new owner of the apartment. This will allow you to own the property after the divorce.

A notarized contract has legal force and guarantees the fulfillment of agreed conditions. In case of conflict, the contract can serve as evidence in court.

After notarization, the notary changes the property register, which officially confirms the new distribution of property rights and ensures their legal protection.

Division of property acquired before marriage

Sometimes situations can arise when an apartment or house belongs to one of the spouses already before marriage. But during joint living, the other husband or wife invested money in repairs. In such a situation, the property can be recognized as joint, and upon divorce, the person who invested in the housing can claim it.

To obtain the right to such property, it is necessary to go to court. You need to prove that you made material improvements to the housing. If the court recognizes this, the property will be recognized as joint.

In addition, the lawyer explained how to divide property if the marriage is not officially registered. If a couple did not formalize the marriage but want to divorce and cannot reach an agreement on the division of property, this issue is more complicated.

To claim ownership of property acquired in a civil marriage, you need to go to court. The main task is to prove the fact of cohabitation, even if the marriage was not official. You can present evidence of joint housekeeping or the presence of common children.

The process consists of two main stages:

• Proving the fact of cohabitation as a family.
• Confirmation that the disputed property was acquired during this cohabitation.

For example, if a woman has two children from a man she wasn't married to, she can go to court and claim part of the property.

These issues are considered in different courts. First, you need to obtain an official court decision that the couple lived in a marriage, and only after that can you start the process of property distribution. Until then, no distributions can be made.

This complex and multi-stage process requires the parties to understand their rights and legal support to ensure a fair division of property after the breakup of the relationship.

Recall, "Diia" launched beta testing of new "family" services for Ukrainians.