Here is the translation:
1. Subject of Dispute: Division of Jointly Owned Marital Property, including corporate rights, real estate, vehicles, and debt obligations.
2. Key Court Arguments:
The court deviated from previous judicial practice regarding division of spouses’ corporate rights. In particular, it recognized that one spouse may claim payment of a share in the company’s authorized capital, and not just half of the contribution.
The court was guided by the following fundamental provisions:
– Property acquired during marriage is considered joint shared ownership
– Each spouse has equal rights to possession and disposal of joint property
– Debts of the spouses are also taken into account during property division
– Disposal of joint property without the consent of the other spouse is unlawful
3. Court Decision: Partial satisfaction of the claim – recovery in favor of the plaintiff of compensations:
– For share in the authorized capital of LLC “ES KI MO” – 1,226,000 UAH
– For debt obligations – 132,743.75 UAH
– For property rights to real estate – 1,030,806 UAH
