Property division
As a social and democratic state, Ukraine tries to create comfortable conditions not only for its citizens, but also for citizens of other states. In particular, the Constitution of Ukraine states that foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and have the same obligations as citizens of Ukraine. That is, the equality of rights of foreigners and Ukrainians is directly established at the highest legislative level. Real estate disputes are quite widespread and can have different directions: property division between spouses, real estate inheritance, home purchase, etc.
Distribution of real estate in case of divorce with a foreigner
If we are talking about divorce, then it is worth noting the following: the rule of exclusive jurisdiction over immovable property is general, cases about its division cannot be considered by courts of foreign countries. Unlike immovable property, movable property (cars, yachts, paintings, antiques, etc.) can be divided in Ukraine, as a rule, regardless of where this property is located. In addition, Ukraine has concluded bilateral agreements on legal assistance in civil cases with various countries.
If there is no corresponding international agreement, the conflicting rules of the Law "On International Private Law" shall be applied.
In accordance with part 1, 3 of Art. 61 of the Law of Ukraine "On International Private Law" spouses can choose to regulate the property consequences of marriage the law of the personal law of one of the spouses or the law of the state in which one of them has a habitual residence, or, in relation to immovable property, the law of the state in which this property is located. In the absence of a choice of law for the spouses, the property consequences of marriage are determined by the law that applies to the legal consequences of marriage.
Buying a property
The most important thing when buying any real estate is the documents. Whether you are buying a new building or an apartment on the secondary market, documents are the first thing you should pay attention to. An apartment on the secondary market is the right to own and dispose of property.
An apartment from the developer to the commissioning of the house is the promise of the developer to give you the right of ownership after the house is put into operation. Sometimes emotions prevail over reason and calculation. Some people find it difficult to think about documents when they like the price, the location, the view from the windows, and even the seller himself. It is much more difficult for foreigners, because there is a language barrier, and a lack of understanding of the real state of affairs in the real estate market, and not only. At the same time, they may also encounter unscrupulous sellers and suffer from their actions. Fraud schemes may include the sale of one property to different people, paperwork for another apartment, and not the one that the buyer saw with a realtor, etc.
What services does a lawyer provide when buying real estate?
In order to settle down in a new place after moving and create comfortable conditions for oneself, a person will definitely need to solve issues with housing and a vehicle. It is extremely difficult to do this without knowing the country's legislation, not to mention the fact that there may be a language barrier. By contacting a lawyer, you can save your time and nerves and get the desired result in the shortest possible time. An experienced lawyer provides the following services:
- carrying out a pre-sale inspection of the desired property;
- assessment of risks when conducting a real estate transaction and providing recommendations on strengthening the security of its conduct;
- agreeing the terms, price, term and order of the agreement with your buyer or seller;
- organization of the agreement at the notary and establishment of communication with the realtor and other participants of the agreement;
- verification of all people related to the transaction through all possible open sources (notary public, realtor, appraiser, developer of your seller or the buyer himself, other persons);
- verification of the completeness and legal component of the documents necessary to conduct a real estate transaction (agreement, power of attorney);
- providing recommendations and editing regarding the legal component and completeness of your documents (for example, the contract and other documents);
- help with any issues related to the deal that you may have before or after the sale, as well as support during the deal process.
Call the number indicated on the site and ensure a restful sleep.
Mobile +38 098 750 58 80;
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E-mail: iemets.artem@gmail.com.
