Ukrainians changed the rules of the division of property upon divorce

Ukrainian spouses have simplified the procedure section of the unfinished houses. Considering the case №6-47цс16, the Supreme court has equated the unfinished to the finished property, and given the opportunity to husband or wife through the courts to begin operations.

“During divorce proceedings and property division, the spouse who owns an unfinished house, often resorted to a trick: did not enter actually completed the real estate into operation, was not connected to water and light. Only to it in court could not divide between the spouses, and each have the law part. In the best case, such property is recognized by the material. This opportunity gives people the current legislation. But the APU in the above-mentioned decree provides the second half of the opportunity to seek a court section of the object under construction with the recognition of the right of ownership on the part of such a facility,” explained UBR.ua the situation senior partner of the law firm “Kravets and partners” Rostislav Kravets.

It is obvious that the decision of the Supreme court rendered in the protection of the right of the husband or wife who is not the co-owners of square meters with allocated shares.

“For the spouse who is the developer in accordance with permits and which are deliberately not entering the house in operation with the aim of avoiding the section of the house, the position of the APU is clearly not in his favor. Choosing the legal position set out in the decision of the court, the other spouse will pass such a divergence of the first spouse, and thus, will be able to purchase the ability to subscribe all rights to belong to it de jure part of real property”, confirmed managing partner of JSC “Klochkov & partners” Vladimir Klochkov.

Lawyers confirm — spouses homeowners actively used the above trick.

“Moreover, most of the construction projects could really be finished, but in operation is not handed over and the ownership is not registered”, — said Klochkov.

Although noticed that often the check of the constructed houses was delayed more because of bureaucratic delays and also because of the introduction in Ukraine a year ago, the real estate tax.

“From the moment of registration of ownership of the house, its owners, acquire the status of the payer of property tax with the subsequent duties to pay such a tax. Not wanting to pay the tax, the developers intentionally don't pass in the operation of already built homes the owners of building materials”, — said Klochkov.

Lawyers believe that the decision of the APU in case No. 6-47цс16 will give rise to registration of real estate due to the so-called divorce component. Waiting for a new wave of lawsuits on this.

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