Advice

The personal private property of the wife, husband

Often, there is a widespread situation when spouses divide property in court proceedings.

In this context, it is necessary to understand which property is not subject to division in this case.

We have to refer to Article 57 of the Family Code of Ukraine.

According to this Article, the personal private property of a wife or husband is following: 

1) property acquired by her or him before marriage; 

2) property acquired by her or him during the marriage, but on the basis of a gift contract or in the order of inheritance; 

3) property acquired by her or him during the marriage, but with funds that belonged to her, to him personally; 

4) housing acquired by her or him during the marriage as a result of its privatization in accordance with the Law of Ukraine "On the Privatization of the State Housing Fund"; 

5) a land plot acquired by her or him during the marriage as a result of the privatization of a land plot that was in her or his use, or obtained as a result of the privatization of land plots of state and communal agricultural enterprises, institutions and organizations, or obtained from state and communal land in within the limits of free privatization norms defined by the Land Code of Ukraine.

The personal private property of the wife and husband are things for individual use, including jewelry, even when they were purchased at the expense of joint funds of the spouses.

The personal private property of the wife or husband is the prizes, awards that she or he received for personal merits. 

The court may recognize the second spouse's right to a share of this award, if it is established that he contributed to its receipt by his actions (housekeeping, raising children, etc.).

The personal private property of the wife or husband is the funds received as compensation for the loss (damage) of a thing that belonged to her or him, as well as as compensation for the moral damage caused to her or him.

The personal private property of the wife or husband is the insurance sums received by her or him under the mandatory personal insurance, as well as under voluntary personal insurance, if the insurance premiums were paid at the expense of funds that were the personal private property of each of them.

The court may recognize as the personal private property of the wife or husband the property acquired by her or him during their separate residence in connection with the actual termination of marital relations.

If in addition to joint funds and funds that belonged to one of the spouses were invested in the acquisition of property, then the share in this property, in accordance with the amount of the contribution, is his personal private property.

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