Main points
- Land acquired during marriage before February 8, 2011 and after June 12, 2012 are considered the personal private property of the spouse who received them.
- From February 8, 2011 to June 12, 2012, land plots obtained free of charge from state or municipal property were recognized as joint property of spouses.
Who owns the land / Photo Freepik
It is often necessary to clarify the legal regime of privatized land and housing from the state fund. Special attention is required for property acquired by one of the spouses during cohabitation in marriage.
Who owns the land and house purchased during the marriage?
Sometimes it is necessary to clarify the legal regime of a privatized land plot and housing acquired by one of the spouses during marriage as a result of the privatization of the state housing stock, reports 24 Channel with reference to the “Land Fund of Ukraine”.
A 3-year statute of limitations applies to claims for the division of property that is the object of the spouses' joint ownership rights after the dissolution of the marriage and is calculated from the day when one of the co-owners learned or could have learned about the violation of his or her property rights (Article 72 of the Family Code of Ukraine).
The legislation provides that the object of the right of joint joint ownership of spouses is housing acquired by one of the spouses during marriage as a result of privatization of the state housing stock, and a land plot acquired as a result of its free transfer to one of the spouses from state or municipal property, in particular privatization.
Please note! This provision came into force on February 8, 2011, but was excluded on the basis of the Law of Ukraine “On Amendments to the Civil Code of Ukraine Regarding Property That Is the Personal Private Property of a Wife or Husband” dated May 17, 2012 No. 4766, which came into force on June 13, 2012. Instead, Article 57 of the Civil Code of Ukraine was supplemented with paragraph 5 of part one, according to which the personal private property of a wife or husband is a land plot acquired by her (him) during the marriage as a result of privatization.
What do the legislative changes entail?
Taking into account the above-mentioned changes to the Civil Code of Ukraine, the legal regime of privatized land and privatized housing changed:
- Only in the period from February 8, 2011 to June 12, 2012 inclusive , a land plot acquired as a result of its free transfer to one of the spouses from state or municipal property, including privatization, was recognized as the joint property of the spouses.
- Before February 8, 2011 and after June 12, 2012, such a land plot belonged to the personal private property of the husband or wife, who exercised their right to receive a part of the land fund free of charge.
A similar conclusion regarding the application of the norms of the Law of Ukraine “On Amendments to Article 61 of the Civil Code of Ukraine Regarding Objects of Joint Property of Spouses” of January 11, 2011 was made in the resolutions of the Supreme Court:
- dated June 20, 2018 in case No. 1311/832/12 (proceedings No. 61-6409св18);
- dated November 12, 2018 in case No. 753/6139/14-ts (proceedings No. 61-27342св18);
- dated June 12, 2019 in case No. 409/1959/15-ts;
- dated August 12, 2020 in case No. 626/4/17 (proceedings No. 61-29004св18).
Who owns the land under a private house?
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The owner of real estate automatically receives the right of ownership or use of the land plot on which the object is located, without changing the purpose of the plot.
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Foreigners can obtain ownership of non-agricultural land plots through the purchase of real estate located on these plots.