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What to do with land property in case of divorce

Oksana Babenko and her husband bought a plot of land in Stanislav village. They have built a house on this property and registered it accordingly to the law. A year ago the couple divorced. And now the problem is how to split this property between ex-partners. Oksana wants to keep the land and turned to the village council for advice.

However, in the village council no lawyer could give her a clear explanation. One thought she was right and had to keep the land, the other one considered the land as common property. To clarify the situation Oksana went to Bilozerka Community Law Center.

So, is it possible to divide a plot of land between ex-husband and wife?

Dmytro Sukhanov, Community Law Center lawyer, provides some explanations. Indeed, accordingly to the Law of Ukraine “On changes to the Family code”, voted on 17 May 2012, property can be only individual, regardless of the marital status of the buyer. Following this information we can draw one conclusion: the plot of land bought by Oksana should be considered her own property. The owner is the one who has property papers of the land.

It is interesting to note that relevant legislation have been changed twice during the last two years. In 2011, a private plot of land was considered common property of the married couple. In 2012, this rule was altered and finally canceled.

Bilozerka Community Law Center operates in the framework of “Free legal aid system in Bilozerka and Stanislav village” project together with International Renaissance Foundation and Stanislav village council.

Additional Information: Community Law Centersare established with the support of the International Renaissance Foundation within the framework of “Human rights and justice” programme initiative. You can learn more on the Centers network activities, basics and principles of work here: www.legalspace.org

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