Defending a spouse in a dispute related to unlawful disposal of real property being a part of joint co-ownership
Project Partner: Oleksandr Krytskyi
Project team: Diana Vasylevych
The project team has successfully defended a former spouse who, due to unlawful actions of the other spouse, was deprived of a share in the common property acquired by the spouses while they were married and at the expense of their common funds.
This case was about disputed property rights to the real property donated by a spouse to a family member, who subsequently registered title to such real property in its name.
Our lawyers have defended the Client’s rights violated in this situation by filing a claim for invalidating the agreement under which property rights to an apartment ceased to be the marital property and declaring unlawful and setting aside the title certificate for the real property, as well as recognizing that each spouse is entitled to ½ share in such property.
The Supreme Court upheld the favourable decisions made by the appellate instance and cassation instance courts, including the correct application of provisions of the substantive law, based on results of considering the application for reviewing the judgments (the Supreme Court of Ukraine commenced proceeding in accordance with Civil Procedure Code of Ukraine in its wording in effect before 15/12/2017).