How to obtain a certificate of ownership for a share in the joint property of spouses.

The Ministry of Justice clarifies that during the course of marriage, a husband and wife can acquire property that is considered their joint shared ownership, as well as property that constitutes the personal private ownership of each spouse. The rights concerning the personal private property of the spouses and the rights of joint shared ownership are regulated in Chapters 7 and 8 of the Family Code of Ukraine.

According to the aforementioned code, property acquired by spouses during the marriage belongs to both the wife and husband as joint shared ownership, regardless of whether one of them did not have independent earnings (income) for valid reasons (such as education, managing the household, caring for children, illness, etc.). At the same time, property that one of the spouses acquired through a gift agreement or by inheritance, or property purchased with their own personal funds cannot be considered joint property.

Current legislation allows for the issuance of a certificate of ownership for a share in the joint property of spouses or former spouses based on a joint application. To obtain this, one must approach a state or private notary. This document confirms the right to the property and opens up opportunities for further disposal of it.

According to Article 70 of the Law of Ukraine "On Notaries," a notary issues a certificate of ownership for a share in the joint property of spouses acquired during the marriage based on a joint written application from the spouses.

This certificate can be issued to each spouse while they are still married or after the divorce.

The certificate of ownership for a residential house, apartment, summer house, garden house, garage, land plot, and other real estate is issued by the notary at the location of the property.

The certificate of ownership for a share in the joint property of spouses is issued upon submission of documents that confirm ownership of such property or if there is a state registration of ownership rights for such property in the State Register of Property Rights to Real Estate.

When issuing the certificate, the notary verifies the fact of property ownership by the spouses (former spouses) as joint shared ownership.

Documents Required by the Notary

• passport of a citizen of Ukraine or another identity document;
• documents proving marital relations. These may include marriage certificates, divorce certificates, court decisions, or marriage registration marks in the passport;
• documents confirming ownership of the property or the existence of state registration of ownership rights in the State Register of Property Rights to Real Estate.

The list provided is not exhaustive, as the notary is a procedurally independent individual and, depending on the circumstances of each notarized action, has the right to request from individuals and legal entities any information and documents necessary for its execution, in accordance with Article 4 of the Law.

If there is a prohibition on the disposal of a residential house, apartment, summer house, garden house, garage, land plot, or other real estate, the certificate of ownership for a share in the joint property of spouses is issued only with the consent of the creditor (the relevant tax authority).

If the aforementioned property is under arrest by judicial or investigative authorities, the issuance of the certificate of ownership for a share in the joint property of spouses is postponed until the arrest is lifted.