or recognition of the house as joint property of the spouses and its division
On January 5! 2024! the Supreme Court! consisting of a panel of judges telegram data of the Second Judicial Chamber of the Civil Court of Cassation! in case No. 755/12204/18! proceedings No. 61-2401св21 (EDRSRU No. 116639178)! examined the issue of claims Recognition of for the recognition of the house as joint property of the spouses and its division.
According to Part One of Article 60 of the Civil Code of Ukraine
Property acquired by spouses during marriage belongs to the wife and husband by right of joint joint ownership! regardless of the fact that one of them did not have independent earnings (income) for a good Recognition of reason (study! housekeeping! childcare! illness! etc.). It is considered that every thing acquired during marriage! except for things for individual use! is an object of the right of joint joint ownership of the spouses.
The interpretation of Article 60 of the Civil Code of Ukraine indicates that the law establishes a presumption of joint ownership of spouses over property acquired by them during the marriage . This presumption may be rebutted! and how to avoid getting into a price war? one of the spouses may challenge the extension of the legal regime of joint property to a certain object! including in court. The burden of provircumstances necessary to rebut the presumption lies with the spouse who rebuts it. A similar conclusion was confirmed in the resolution of the Grand Chamber of the Supreme Court of October 11! 2023 in case No. 756/8056/19 (proceedings No. 14-94ts21).
The resolution of the Supreme Court of Ukraine dated September 7! 2016 in case No.
6-801tss16 sets out the legal position that “in the event of the acquisition of property! albeit during the marriage! but with the personal funds of one of the spouses! this property cannot be considered an object of joint joint property of the asb directory spouses! but is the personal private property of the spouse with whose personal funds it was acquired. Therefore! the fact of the acquisition of the disputed property during the marriage itself is not an unconditional basis for classifying such property as an object of joint joint property of the spouses.”