Submit your application

Civil marriage: showdown because of the apartment bought in it

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!

Case No. 200/17947/6-cc of 05/20/2020 …

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:

  • partially proved the fact of family cohabitation;
  • fully proved the fact that the controversial housing was bought with common money.

The ex-wife did not want to share!

She turned to the Supreme Court! The complaint stated that the courts:

  • erroneously “simplified” considered the case;
  • took into account the testimony of witnesses obtained in violation of the law;
  • did not take into account the lack of proof by the plaintiff of financing the purchase of housing;
  • considered periodic general rest as the basis for establishing the fact of family residence.

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.



Supreme Court of Ukraine on the disclosure of classified materials in criminal cases

The Grand Chamber of the Supreme Court of Ukraine considered the criminal case No. 751/7557/15-k and on January 16, 2019 published a resolution that regulated the application the Art. 290th Criminal Code. It is important that the Supreme Court decided not to deviate from the existing legal conclusion regulating the procedural aspects of opening materials […]

SCU has figured out the nuances of applying measures to secure a claim

The owner cannot be limited in the right to use his property due to the existence of a claim for the recognition of the lease agreement regarding this property as invalid! This decision was made by the Supreme Court of Ukraine on November 21, 2018 following the results of the proceedings in case No. 752/6255/18. […]

On “saving” confiscated housing by donating it to relatives

One of the “working” options for “saving” real estate from confiscation / foreclosure to pay off debts, the people have always considered the option of donating it to relatives through drawing up a donation agreement, the fictitiousness of which is quite difficult to dispute. Difficult, but possible! The Supreme Court of Ukraine published another legal […]

Forge a document and not go to jail? Is it real?

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 […]

Ukrainian Supreme Court prevented the bank from recovering the shortage from the cash collector

On October 23, 2019, the Supreme Court of Ukraine in case No. 522/6582/16-c published a legal conclusion regarding the wrongness of the bank, which was collecting funds to pay off the loan debt under a non-existent loan agreement. Details of the proceedings A citizen-former employee of the bank went to court with a claim against […]

It is possible to change the amount of recoverable legal aid costs

On December 18, 2018, the Supreme Court of Ukraine, by its conclusion in case No. 910/4881/18, published a legal opinion on the collection and determination of the amount of legal aid costs. So, in the course of this trial, the question arose that the amount of UAH 337,665.08 of expenses for legal assistance, spent by […]