Separation of property without divorce

Separation of property without divorce

  The marriage can divide the common property with their mutual consent. As practice shows, the question of the division of property acquired by a husband and wife during the years of common life, usually appears to them acutely and causes certain “fears”. Some of them can dispel this article.

When is it possible to divide the property?

  False is the idea that dividing together in common during the time of marriage property can only be through the process of divorce. The division of property and the dissolution of a marriage do not depend on each other. Family law provides that spouses are entitled to share common property between themselves, as during marriage, in the process of dissolution of a marriage, and after the dissolution of a marriage. In order to divide the property while in marriage, only the desire of the spouse is required, or there are certain reasons for doing so.

For the division of property without divorce it is not necessary to apply to the court

  The spouse has the right to divide the property voluntarily in agreement with each other, and at the same time without initiating the trial. By common consent, the husband and wife can themselves determine who the apartment is, and who takes the car, etc. In this case, the agreement on the division of the house, land (real estate), etc., must be certified notarially, and the ownership of such – registered in the manner prescribed by law.

  The conditions under which the separation of property between spouses will be carried out may be provided:

  • in a special agreement on the division of property;
  • in the marriage contract of the spouse.

  Such contracts differ among themselves by the fact that the subject of the first contract is the property which is the spouse at the time of the conclusion of the contract, whereas in the marriage contract may be conditional on the property that is not already in the spouses at the time of the conclusion of the marriage contract, but will be acquired in the future .

  Under what conditions is the division of property carried out in court?

  Якщо  подружжя не може дійти погодження  як ділити спільне майно і у них виникає спір щодо визначення розміру часток, які належатимуть кожному з них,щодо способу чи порядку розподілу спільного майна, то в такому разі не обійтись без суду. 

  To begin, the court determines the size of the husband’s and the spouse’s share in the property right, and then divides the property according to those fixed parcels. In determining the shares, the court is guided by the fact that the law establishes the equality of the property of the husband and wife. However, there are exceptions to this rule. Taking into account certain circumstances, the court has the right to change the share of some of the spouses in the direction of reduction or increase. After the court determines the shares of the husband and wife in the right to property, the division of property is carried out according to the shares belonging to each of them.

  1. The court may decide that the property will be divided in kind. This method is used if the object of division is things that can be divided in kind.
  2. The court can award property to a husband or wife with the obligation to compensate another spouse for the right to property. At the same time, such compensation is possible only if the person who receives it does not deny.
  3. A court can divide property by distributing things between spouses, taking into account their value and the share of husband and wife in common property. The court is not limited in any one way of division. At the same time, the court may apply several methods of division of joint property.

  Not all property acquired during the marriage is a joint property of the spouses.

  In Art. 57 of the Family Code of Ukraine lists the property that is considered to be the personal property of a spouse and, therefore, is not subject to division. For example, if the property was acquired by a spouse before marriage, it is considered to be the personal property of each of them. The property transferred to one of the spouses in the order of inheritance or donated is also not a common property.

  Consequently, it is possible to divide the joint property of a spouse at any time, and it does not depend on divorce. When dividing the property of a spouse, the regime of joint ownership ceases and a separate property regime arises on its basis. After the division of the common property, each spouse becomes the owner of one or another property, and his actions in this regard are not related to the other spouse.