Family Case Law

Tracking developments in Ukrainian court practice

Supreme Court: A Spouse Seeking Compensation for Their Own Share of Marital Property Does Not Have to Deposit the Compensation Amount With the Court
Stanislav Batryn Stanislav Batryn

Supreme Court: A Spouse Seeking Compensation for Their Own Share of Marital Property Does Not Have to Deposit the Compensation Amount With the Court

The Supreme Court distinguished between terminating another spouse’s ownership interest and seeking compensation for one’s own share. Where a spouse asks to terminate their own interest in jointly owned marital property and receive compensation, prior payment of the compensation amount into the court’s deposit account is not required.

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Supreme Court: Compensation for Marital Property Sold Without a Spouse’s Consent Must Reflect Its Market Value at the Time of the Court Proceedings
Stanislav Batryn Stanislav Batryn

Supreme Court: Compensation for Marital Property Sold Without a Spouse’s Consent Must Reflect Its Market Value at the Time of the Court Proceedings

The Supreme Court held that where one spouse disposes of jointly owned marital property without the other spouse’s consent, compensation should be calculated using the relevant market value at the time the dispute is considered by the court, rather than merely the historical sale price.

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Supreme Court: Marital Property Claims Cannot Be Used to Establish Ownership of Money Seized as Evidence in Criminal Proceedings
Stanislav Batryn Stanislav Batryn

Supreme Court: Marital Property Claims Cannot Be Used to Establish Ownership of Money Seized as Evidence in Criminal Proceedings

The Supreme Court held that civil proceedings for division of joint property cannot be used to establish ownership of money seized and treated as physical evidence in criminal proceedings. The Court overturned the lower courts’ recognition of a 1/2 share in USD 1,900 and dismissed the marital-property claim.

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