Family showdown is an eternal topic! Even the array of family legislation and court practice accumulated over decades does not contain answers to all questions regarding family relations!
The Supreme Court once again had to figure out whether or not the testimonies of witnesses certified by a notary are considered legal confirmation of a civil marriage, and then decide is divided whether or not an apartment bought in a civil marriage a few months before the legalization of relations, which were subsequently officially terminated!
It started out corny! A citizen applied to the court with a claim to establish the fact of cohabitation by a family without registering a marriage, to divide property and recognize the right of ownership.
The claim was substantiated by the fact that they lived with the defendant in a civil marriage, ran a joint household, traveled a lot, even issued powers of attorney for each other’s cars …
While living as a “family without a stamp,” the defendant bought an apartment, and a few months later they got married! And a few months later they got divorced!
The apartment became a “stumbling block”, because it was bought with common money, and it was issued only to the defendant!
“The plaintiff stated in court that he had a fairly good income, which he invested in the purchase of the aforementioned apartment, because this very apartment belongs to both of them, and not only to the defendant (it is not clear why they did not immediately registered it for two)”.
The plaintiff acted consistently …
He asked the court to establish the fact that he and the defendant lived family in the period of time when the apartment was bought and, on the basis of this fact, recognize it as joint property!
The court of first instance satisfied the claim – the fact of the family was established, the apartment was divided! The appeal did not mind! The dispute was closed within the framework of a simplified action procedure, based on the fact that the plaintiff:
The ex-wife did not want to share!
She turned to the Supreme Court! The complaint stated that the courts:
Without going into details!
The Supreme Court ended this section of property acquired before marriage by pointing out to the defendant the indisputable evidence that she herself would not have been able to buy an apartment due to a lack of financial opportunity! To establish the same “formal” justice, the case again “went” to the court of first instance for consideration in the general action procedure.
Cassation economic court of the Supreme Court “stood up” for the mortgage apartment of the borrower of the bank, delimiting the personal and business rights and obligations of individual entrepreneurs, as well as limiting the rights of claimants to this property. So, with the conclusion in case No. 922/4404/15, promulgated on 06/04/19, the Supreme Court […]
The first thing every citizen leaving his old place of work thinks about is how much money will fall on the card as a severance pay. Naturally, he wants more and that’s okay! The employer who signs the dismissal order is thinking about how to pay less! And he can be understood too! But, the […]
Interestingly the judges are judging! There is no other way to say after analyzing case No. 750/5469 / 18, which reached the Supreme Court and ended with the publication of a legal conclusion on it on 03.03.2021. In the beginning there was an acquittal … The District Court concluded that the citizen was innocent of […]
The authorities continue to make sure that citizens provide themselves with housing! Not so long ago, the Ministry of Regional Development explained the nuances of a simplified procedure for the construction of a residential building, and now a detailed procedure for putting private houses into operation has appeared on the official website. Analyzing the process! […]
Professional legal aid often ensures successful appeals against the decision of the first instance court. See for yourself how events can develop with one fresh example. The pensioner, a disabled person of the III group, was threatened with a fine in the amount of UAH 10 200.00 and deprivation of a driver’s license for a […]
The grandmother in court proved her right to donate housing, despite the fact that her little granddaughter was registered in it! The Supreme court, by its conclusion in case No. 385/1598/18, determined that she is not a parent and not the one who replaces him, therefore, she is free in the right of alienation! Here […]
Entrust the settlement of legal disputes to the SPEAKER team of professionals! Get the highest level of legal services.
Мы готовы приступить к обсуждению Вашей задачи. Вскоре с Вами свяжемся.Back