ANVO GROUP accompanied the process of concluding the Agreement on the division of property of the spouses.

A topical issue when concluding such agreements is the question «What is the property of each spouse?»
This area is regulated by Chapter 7 of the Family Code of Ukraine. Thus, according to Article 57 of this Code, the right of personal property of a spouse (husband or wife) is:

1. the property of each spouse on the property acquired before marriage;
2. the right to property that has already been acquired in marriage, but:
   • on the basis of a contract of gift or by inheritance (these grounds must be confirmed by relevant documents, such as a contract of gift, certificate of inheritance, certificate of inheritance; if the gift of household items or appliances, then the gift can be -sale or warranty card in the name of the person who donated the thing. In addition, the personal property of each spouse is the gifts that were given by one member of the spouse to another);
   • funds belonging to each of them personally (more details on this in the next section);
   • property privatized in the manner prescribed by the Law of Ukraine “On Privatization of State Housing”;
   • privatized land plots in the name of one of the spouses;
3. the right to valuables and other items for individual use (in this aspect, the Protocol states that neither the list of items for personal use nor the definition of valuables in the legislation yet; in each case, the court decides whether to classify items as such or not. items for personal use are hygiene products, linen, clothes, etc.);
4. the right to money received as compensation for loss or damage to the personal property of one of the spouses, as well as the right to compensation for non-pecuniary damage;
5. the right to insurance amounts (insurance amounts are personal property only under contracts of compulsory personal insurance or voluntary insurance, and insurance premiums under such a contract were paid only by one of the spouses at the expense of his personal funds);
6. the right to awards and prizes for personal merit (if the court finds that the other spouse by his actions helped to obtain such awards and prizes, then in favor of such a second spouse may be determined share).
   Personal property can also be recognized things (objects) that were bought (exchanged) by one of the spouses for personal money and during the period of separate residence (in a formal marriage).
   It should be noted that in some cases there are those when significant contributions have been made to the property that is the personal property of one of the spouses. Thus, in such situations, the court may recognize the property as joint property. As an example from case law – the Decision of the Supreme Court of September 22, 2020 in case №214 / 6174/15-ц.