Property which is the personal private property of the wife, husband

Abstract

Problem setting. The article examines issues related to property that is the personal private property of the wife, husband. Some problems and contradictions of the legal regime of personal private property are analyzed, according to the results of the analysis of which, one’s own position is stated. The case law on this issue is studied and its key aspects within the topic of the article are singled out. The thesis is proposed and argued that an effective way to establish the legal regime of property, according to which it will be the personal private property of a husband or wife can be a marriage contract.

The practical significance of the obtained results is that they can be used: in the research field ‒ for further research on the problems of personal private property of spouses in family relationships; in law-making activity ‒ for improvement of provisions of the current legislation of Ukraine, at creation of new and modification of the operating domestic regulatory legal acts concerning the outlined problem; law enforcement activities ‒ by applying practical conclusions and recommendations in practice in matters relating to personal private property of husband, wife; in the educational process ‒ as a didactic support of certain topics in the discipline «Family Law of Ukraine».

Analysis of recent researches and publications in which this problem was considered, showed that, in particular, such scientists as V.K. Antoshkina, V.I. Borisov, L. Vlasenko, E.M. Vorozheykin, N. Zagriya, I.V. Zhilinkova, A.O. Dutko, V.O. Kozhevnikova, L.V. Krasitska, V.A. Kreutor, O.M. Ponomarenko, O.V. Rozgon, O.I. Safonchik, O.V. Sinegubov, I.V. Spasibo-Fateeva, R.O. Stefanchuk, E.O. Fomina, S. Fursa, E. Fursa, E.A. Kharitonov, Y.S. Chervony, V.L. Yarotsky and others paid much attention to its various aspects.

Target of research. Research of the legal nature and features of property that is the personal private property of the wife, husband.

Article’s main body. According to the Family Code of Ukraine, the personal private property of the husband and wife are:

1) property acquired before marriage;

2) property acquired during the marriage, but on the basis of a contract of gift or by inheritance;

3) property acquired during the marriage, but for funds that belonged to one of the spouses personally;

4) housing acquired by one of the spouses during the marriage as a result of privatization in accordance with the Law of Ukraine “On Privatization of State Housing”;

5) land acquired as a result of privatization, which was in his / her use, or obtained as a result of privatization of land of state and communal agricultural enterprises, institutions and organizations, or obtained from state and communal lands within the norms of free privatization defined by the Land Code Of Ukraine.

In addition, the personal private property of the spouses is also things for individual use, ie things that each spouse personally uses daily or regularly. Here it is important to emphasize that there is no clearly defined list of such things in the current legislation. However, as a rule, these include clothing, perfumes, cosmetics, accessories, jewelry, personal hygiene products and more. Such items include, in particular, jewelry, even if they were purchased with common funds. However, in practice there are difficulties in what is to be understood by the concept of “jewelry”, because it is evaluative. In the event that the division of property of the spouses takes place in court, the court must decide in each case whether a particular thing is valuable.

Conclusions and prospects for the development. Thus, property acquired before marriage is exclusively personal private property – marriage registration does not change the legal regime of property acquired separately by each spouse before marriage. In addition, such property retains a regime of separation regardless of the duration of the marriage, even if the property was used not only by the owner but by both spouses. As for the property acquired in marriage, it is possible to recognize it as personal private property, but this requires a lot of effort and substantiated evidence that confirms the fact that one of the spouses spent their personal money and specific property.

We concluded that an effective way to avoid possible risks and protect spouses from future misunderstandings and disputes over property regimes is to conclude a marriage contract, which can not only resolve the property relations of husband and wife during marriage, but also prevent possible lawsuits. disputes over the division of property in the event of divorce.