Property division can be a problem if there is no agreement between the divorced spouses, heirs or other subjects of division. A property division lawyer will help resolve the dispute in your favor, provide advisory assistance and, relying on the Family Code of Ukraine, will defend the client’s interests in court and other instances. The division of jointly acquired material assets in marriage requires the presence of a specialist when signing the agreement or in court proceedings.
Are you in a state of divorce, and property issues have not been clarified? It’s time to seek help from a property division lawyer in Kyiv.
Rules for property division between spouses in Ukraine
During the division of joint property of spouses, the joint ownership regime is terminated. According to Article 60 of the Family Code of Ukraine, all the benefits that appeared to the spouses during the marriage after the divorce belong to the husband and wife on the right of jointly acquired property. During the division, the fact that one of the spouses did not have earnings (maternity leave, disability, running a household, etc.) is not taken into account. Lawyers distinguish two methods of distributing accumulated material benefits: voluntary and judicial. In the case of voluntary, they agree on the distribution of movable (oral form is permissible) and immovable property (a notarized form of the contract is required). If during the divorce it is not possible to resolve the property dispute amicably, the spouses apply to the court with a statement of claim. When resolving property disputes in court, among other documents, it will be necessary to provide:
- a marriage certificate, and if the dispute arose after the dissolution of the marriage – a divorce certificate;
- title documents for jointly acquired property;
- an assessment of such property at the time of the court hearing (if necessary);
- evidence that the property was purchased with the spouses’ joint money;
- other evidence that is important when making a decision on the division of property, including the place of residence of the spouses’ children.
Need more detailed information or help in collecting documents? Contact a lawyer for advice on the division of property in Kyiv.
A divorce will allow one spouse to claim part of the organization’s funds that the other took possession of during the marriage. It is worth noting that it is necessary to file a lawsuit with the court within the time limits prescribed by law, without undue delay, otherwise problems may arise with resolving this dispute. As a rule, the statute of limitations in such disputes is calculated from the moment the person learned about the violation of his or her rights. Such a moment may be an attempt by one spouse to sell joint property without the consent of the other spouse. Therefore, it is not worth putting off the moment of dividing the joint property of the spouses.
Lawyer’s consultation on property division
Before representing your interests in court, a good lawyer in kiev should provide a detailed consultation. The specialist’s comments specifically on your claim will help you understand what is subject to distribution and what your share is. During a consultation with a lawyer on property division cases, you will be provided with information on how to divide property acquired during marriage or otherwise, if the division does not concern the dissolution.
How to find a lawyer for property division in Kyiv?
You can contact the lawyer through the company's official website, or visit the office: Kyiv region, Irpin city, Mineralna st., 7-E, office No. 1002.
How can a lawyer help with property division?
A lawyer will provide a professional assessment of the current situation, help you draft a statement of claim, and represent your legal interests in court.
What role do children play in the division of marital property?
When resolving a dispute over the division of property, the court may increase the share of the spouse with whom a child or children live after the divorce.
What is the cost of a lawyer's services for property division?
The price depends on the complexity of the case and starts from 1200 UAH.
Is it necessary to divide the inheritance during a divorce?
Property received by one spouse as an inheritance is not divided upon divorce. It is the personal property of the spouse who accepted the inheritance.
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Legal consultation with a lawyer on distribution issues is the first step that will allow you to take the right position in court. The lawyer determines the full list of documents, draws up a statement of claim, conducts the case at all stages of the legal process. He helps to adjudicate movable and immovable property, relying on the articles of the Family Code of Ukraine.
Advantages of the law office “Serhiy Lysenko”
The law office “Serhiy Lysenko” in Kyiv is a place where the best lawyers work, and clients will be provided with legal assistance on any issues. If you need help with property issues, family lawyer services or others – the bureau’s specialists will help resolve disputes, inform about the legal consequences of your decisions and, if necessary, provide psychological assistance. The bureau’s clients are interested in how much the service costs, but the final price depends on various factors. The cost of services depends on the volume of future work, the availability of all real estate documents, and the complexity of the claim.
Signing the contract and making payment
Providing the necessary documents
Receiving a court decision from the lawyer
Representatives of the law firm of Serhiy Lysenko will help in drawing up claim documents and submitting them to the courts. Specialists are engaged in preparing the evidence base, monitoring the progress of the case. A good lawyer for the division of property in Kyiv will help to understand all the “pitfalls” of the future case. Law firm “Serhiy Lysenko” is the bestThe best choice when you need legal advice at a price affordable to all citizens of Ukraine.
Prices of lawyer services for property division in Kyiv
| Service | Cost |
|---|---|
| Consultation of a lawyer for property division | from 1,500 UAH |
| Drafting a statement of claim in a civil case for property division | from 15,000 UAH |
| Representation of the interests of the plaintiff or defendant in court (comprehensive, for each instance) | from 42,000 UAH |
| Representation of the interests of the plaintiff or defendant in court (in one session) | from 5,000 UAH |
| Drafting of applications, complaints, petitions | from 1,000 UAH |
| Pre-trial settlement of disputes | from 42,000 UAH |
| Support of enforcement proceedings | from 10,000 UAH |
| Lawyer’s request | 5,000 UAH |
- Any consultation is calculated based on its duration of up to 30 minutes. For each subsequent hour, an additional payment of 1,000 UAH/hour is charged
- Overhead costs associated with the conduct of the case are paid separately, including postal, stationery and other expenses necessary for the execution of the case
- As a rule, court hearings at the stage of trial are paid in addition to the fee
Additional costs during the division of property
When filing a lawsuit for the distribution of accumulated wealth, do not forget to pay the court fee. It is 1% of the value of all property. The minimum amount of the fee is 0.4 of the subsistence minimum, for example, in 2020 it is 840.80 UAH. The cost of services depends on the professionalism of the divorce lawyer, the total amount of the claim and the complexity of the case being considered. The full package of services includes:
- advisory part with explanation of the theoretical basis;
- fee for drawing up a statement of claim;
- cost for supporting the claim at all stages of the trial.
The professionalism of a lawyer helps to assess the outcome of the trial with a high degree of probability. A good lawyer helps to divide everything that was acquired in a civil marriage. Such marriages are fully covered by legal norms, so achieving a legal resolution of the issue will not be difficult.
