The property of a fined conscript can be seized, even if it is registered to his wife.
This was announced by Rostislav Kravets, the head of the Kravets and Partners Bar Association.
According to the legislation, if the unpaid fines exceed 160 thousand hryvnias, the enforcement service can seize the debtor's real estate - in particular, the one registered for the wife. But only if this home (as well as other property) was purchased after marriage.
According to the legislation, if the unpaid fines exceed 160 thousand hryvnias, the enforcement service can seize the debtor's real estate - in particular, the one registered for the wife. But only if this home (as well as other property) was purchased after marriage.
"According to the law, property acquired in marriage belongs to both spouses in equal parts. That is, the enforcement service can claim 50% of the value of the debtor's apartment, even if it is registered for the wife. If the amount of fines is less, at least from 1 hryvnia, according to the same principle, any other property of the married couple, for example, a car, can be levied," said Kravets.
However, in practice, the procedure for such confiscation is quite complicated, says the lawyer.
According to him, the enforcement service will have to additionally apply to the court, then sell the property and compensate the debtor's wife for her part of the property's value.
"The debtor's wife, for her part, can challenge the value at which the property will be sold, for example, on the grounds that it is undervalued," added Kravets.
In addition, there is a loophole that will make it possible to avoid the seizure of jointly acquired property.
The tailor says that in order to avoid foreclosure on housing due to fines, a husband can gift an apartment to his wife by issuing a donation. Or, let's say, to sell real estate to the wife.
Kyiv realtor and lawyer Iryna Lukhanina also speaks about this option. "You can draw up a sales contract with your wife, or, for example, with your mother. However, at the same time, you will need to pay taxes - 1% from the first, 7.5% - from the second, 19.5% - from the third sale of real estate registered for you in the current year," she explained.
It should be noted that on the eve of the entry into force of the new law on mobilization, many men rushed to "gift" their wives and mothers with apartments and cars, and huge queues lined up at notaries and at service centers of the Ministry of Internal Affairs.
However, gifting or selling property to a wife or close relatives also does not guarantee 100% that the same apartment will not be confiscated. However, for this, the state authorities will need to apply separately to the court to cancel the gift.
"Contracts of donation are among those that are most easily contested in courts. The court can decide that there was a deliberate re-registration of the property and "cancel" the gift," says Lukhanina.
The tailor also confirmed that the donation can be challenged in court, just like the sales contract. "The latter will be more difficult to cancel, but it is also possible. The wife will have to prove that she spent personal funds on the "purchase" of real estate, and not the savings earned during the marriage, and this is not always easy," says Kravets.
At the same time, it is not a fact that, taking into account the large flow, lawsuits to the court for cancellation of gift and sales contracts will be massive.
We would like to remind you that for violations of military records in Ukraine, increased fines are in effect - from 17,000 to 25,500 hryvnias. The number of such fines is not limited - in theory, they can be issued for each failure to appear on a summons (which is now sent by mail) or for failure to update data.
At the same time, there are time limits - fines can be issued only within a year after the offense was committed.
