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Divorce as a synonym for partition

Divorce as a synonym for partition.

In our time the concept of divorce or dissolution of marriage has become accustomed to so much that almost every adult knows the basic legal aspects of this process. Namely: property acquired during marriage is joint and personal items (hygiene) shall not be divided, acquired before marriage property is not subject to division. And all this is true, until the case comes to trial.

It was during the trial turns out many interesting details. For example: My husband thinks apartment should belong to him in connection so that it was they bought before the marriage. The wife argues that the apartment opposite the joint since the time of purchase they were a year in a civil marriage. On one of these cases will be discussed further.

Being legally married, the spouse in his name privatized land. Will this land considered joint property after divorce?
Pay attention to st.57 Family Code of Ukraine "The property, which is a personal private property of the wife, husband"

" Personal private property of the wife, the husband is :
1) property acquired by it, its before marriage;
2) property acquired by it during their marriage, but on the basis of a contract of gift or inheritance;
3) property acquired by it during their marriage, but for the money that belonged to her, to him personally. ... ... .. "

This article clearly defines the grounds for the recognition of private property ownership, and privatization is silent. Can based mentioned in the article confidently answer that privatized land is owned jointly?

Rather no than yes. All will depend on how it was privatized through the land, and of course from the judges, as his discretion properly, and will, but the fight is worth. Priority is that we should find out how to privatize land: on the application side, or the use of privatization certificates.

In the first case, you can rely on the wording specified in the Land Code, namely "free privatization of land. In other words, the state donates the property of a specific person land. What do you call this act?

Hint st.717 Civil Code of Ukraine "On one side of the contract of gift transfers or undertakes to transmit the second side of the donated property to property. Given that relationship for the transfer of land ownership must comply with current legislation can be assumed that in this legal relationship is characterized by signs of donation. And if the transfer of land was by gift is art. 57 Family Code, "property, which is a personal private property of the wife, husband: Acquisitions her, them during the marriage, but on the basis of a contract of gift or by inheritance. "To the question: where is the contract itself? Art. 639 MAS "Contract can be concluded in any form, if the requirements on the form of contract is not established by law. Contract may be concluded orally form.


In the case of privatization through the use of privatization papers, art. 1 of the Law of Ukraine "On privatization papers" Privatization paper - a distinct type of government securities, which certify the right of the owner to free the process privatization of assets of public enterprises, public housing, Land Trust.
Art. 5 "privatization securities are not subject to free circulation, and their sale or disposition by other means are void.". Also considering that the use of privatization papers is possible only by a person who is their owner.
Proceeding from the above we can conclude that the ownership of both the privatization papers (certificate), and for its implementation established by law and is allocated to the individual and not depend on his marital status.

 

 

 
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