🧐 How does this affect the rights of spouses? What division options are available?
These questions are examined in the article "Division of Unfinished Construction Between Spouses: Legal Aspects and New Trends in Judicial Practice", prepared specifically for the Bulletin of the Odesa Bar Association, No. 4, 2024. ✍️
Authors:
📘 Nadiia Gnizdovska – Attorney, Partner at Juris Ferrum Law Firm, Chair of the Construction Law Committee of the Odesa Bar Council.
📘 Svitlana Hoshtynar – Attorney, Member of the Construction Law Committee of the Odesa Bar Council.
📘 Anastasiia Akhlamova – Assistant Attorney at Juris Ferrum Law Firm.
🔍 Key Takeaways from the Article:
✔️ The division of unfinished construction is a complex legal process, as legislation does not provide clear answers regarding the status of such property.
✔️ When rendering a decision, the court considers: the form of land ownership, permitting documents, sources of financing, and the stage of completion.
✔️ Prior to 2023, judicial practice recognized that until an unfinished construction object was put into operation and ownership rights were registered, it was not considered a residential building. Instead, it was treated as a set of construction materials that could constitute property, including joint marital property, subject to division under certain conditions.
✔️ According to the new legal position of the Supreme Court, until the property is put into operation and ownership rights are registered, a person holds only construction materials and structural elements. In cases of division of unfinished construction, the court may rule on the distribution of materials between the parties or compensate one party for their value, clearly defining the composition of the remaining assets.
📖 For more details, read the full article.