Lawyer Specializing in Property Division in Kyiv

During a divorce or family breakup, one of the most complex aspects is the division of property. This is a process that requires attention to detail, knowledge of the law, and an experienced lawyer. In the capital of Ukraine, Kyiv, there are many lawyers who specialise in property division and are ready to help with this difficult matter.

Who Is a Property Division Lawyer?

A property division lawyer is a legal professional who specialises in issues related to the division of property during a divorce or family breakup. They possess knowledge and experience in the field of family law and help their clients protect their rights and interests during the property division process.

Why Do You Need a Property Division Lawyer?

Property division can be a complex and contentious process. A property division lawyer plays a vital role in protecting their client's interests and ensuring a fair division of property. They help the client navigate complex legal issues, providing expert consultation and guidance at every stage of the property division.

How to Choose a Property Division Lawyer

When choosing a property division lawyer, it is important to consider their experience, professional skills, and reputation. Below are some key steps to help you choose the right lawyer:

Steps in Property Division

• Property Valuation: The first step in property division is evaluating the property subject to division. A lawyer will help you gather the necessary documents and evidence, as well as determine the value of the property, including real estate, financial assets, and personal belongings.
• Property Division Agreement: In some cases, the parties can reach an out-of-court agreement on property division. A lawyer will help you draft an agreement that takes your interests into account and complies with legal requirements.
• Court Proceedings: If the parties cannot reach a property division agreement, the case may be taken to court. A lawyer will represent your interests in court proceedings and argue your position before the judge.

Benefits of Working with a Property Division Lawyer

Working with an experienced property division lawyer can provide you with the following benefits:

• Expert Knowledge: The lawyer has deep knowledge in the fields of property division and family law, which will help you navigate complex issues and protect your rights.
• Representation of Interests: The lawyer will act as your representative and defend your interests throughout the property division process.
• Conflict Minimisation: The lawyer will help reduce friction in the property division process and find compromise solutions.

The Lawyer's Role in Property Division

A property division lawyer performs a number of important roles:

• Consultation: The lawyer provides consultation and helps the client understand complex legal issues related to property division.
• Representation: The lawyer represents their client's interests in court or out-of-court procedures, defending their rights and interests.
• Documentation: The lawyer assists in drafting the necessary documents and agreements to ensure a fair division of property.
• Mediation: The lawyer can act as a mediator between the parties, helping them reach an agreement and compromise.

For many years, judicial practice held that each spouse could claim a share of any property acquired during marriage. Judges did not pay sufficient attention to the source of income used to purchase it.

This position changed drastically in 2015–2016. Higher judicial authorities in Ukraine draw plaintiffs' attention to the fact that, in addition to the fact of property acquisition during marriage, it must be proven that the jointly acquired property was purchased with shared funds exclusively to satisfy the needs of the family.

Thus, it is no longer sufficient for a plaintiff to claim that property was bought during marriage; they must prove with documents and witnesses that the money used to buy the property was shared funds, rather than the personal property of one of the spouses.

Quoting literally from one of the court decisions: "...the classification of property as the common joint property of spouses is determined not only by the fact of acquiring such property during marriage, but also by joint financial participation in its purchase. Applying this rule of law (Article 60 of the Family Code of Ukraine) and recognising the right of common joint ownership of spouses to property, the court must be convinced not only of the existence of the fact of acquiring property during marriage, but also of the fact that the source of its acquisition was joint funds or the joint labour activity of the spouses..."

The most common grounds for recognising received funds as the personal property of one of the spouses are obtaining such funds through a loan agreement, inheritance, or a gift deed.

The grounds that give property the status of common joint ownership are:

1. the exact time of purchasing such property (during marriage);
2. the funds with which the property was bought;
3. the purpose for which the property was bought (to satisfy the needs of the family).

In other words, to succeed in court and divide property, alongside proving the fact of purchasing the property during marriage, you should emphasise that your spouse has no evidence of acquiring the property with their personal funds, and witnesses (acquaintances who can confirm, for example, that the car was used exclusively for family purposes) can confirm the use of the property to meet family needs.

Frequently Asked Questions

• How long can the property division process take? Typically, the property division process can last from several months to a year, depending on the complexity of the case and the level of dispute.
• How to determine a fair division of property? Property division should be fair and based on various factors, such as the duration of the marriage, the financial standing of the parties, and childcare responsibilities.
• Can a court decision on property division be changed? In some cases, it is possible to appeal a court decision on property division if new evidence emerges or if the court made an error in law.
• What documents must be provided to a lawyer for property division? To divide property, you must provide documents confirming ownership and the value of the property, as well as evidence of the parties' income and financial standing.
• What costs are associated with a property division lawyer's services? The costs for a property division lawyer's services can vary depending on the complexity of the case and the lawyer's rates. Lawyers typically charge an hourly rate or a consultation fee.

Conclusion

Property division during a divorce or family breakup is a complex and important process that requires attention to detail and knowledge of the law. A property division lawyer will help you protect your rights and interests, ensuring a fair and efficient division of property. Do not hesitate to contact a professional to ease this process and achieve the best possible result.