DISPOSITION OF A SHARE IN THE RIGHT OF COMMON PROPERTY OF SPOUSES TO REAL ESTATE BY A WIFE, HUSBAND

Abstract

It has been indicated that spouses have equal rights to own, use and dispose of property that belongs to them according to the right of joint ownership, unless otherwise agreed between them. One of the ways of disposal of such property may be the alienation by one of the spouses of the share in the right of the joint matrimonial property. The most significant property among the objects of the right of joint matrimonial property is real estate and transactions with it have a special procedure of conclusion. The situation is complicated, when one spouse is willing to dispose of only his/her share in the right of joint matrimonial property of real estate. The features of concluding such transactions in the regulations are not clearly defined.

The objective of this article is to analyze the family and civil law, aimed at systematization of the norms that regulate the procedure of conclusion of the agreements concerning the share in the right of the joint ownership of real estate by each of the spouses. The author has, for the first time, revealed in details the procedure of disposal of the share in the right of joint ownership of real estate by a man and woman. Special attention has been paid to both agreements that may be concluded between the spouses regarding their share in the right of joint ownership of the property and features of concluding agreements in regard to these objects with other subjects.

It has been emphasized that the complicated procedure of concluding agreements on the share in the property that is the object of the right of joint ownership of spouses, does not contribute to dissemination of the practice of their conclusion. Analysis and comparison of the current family and civil legislation of Ukraine allows to conclude that each spouse has the right to possess, use and dispose of his/her share in the right of joint property of spouses on real estate on their own discretion, taking into account the rights and interests of the other spouse, their children and other family members who have the right to use the property as well as debtors and creditors of each spouse.