The ownership right to housing acquired by one of the spouses during marriage due to privatization

Abstract

In Art. 47 of the Constitution of Ukraine, everyone is guaranteed the right to housing. The current legislation of Ukraine is generally aimed at assisting citizens in realizing their right to housing. For example, in Art. 4 of the Law of Ukraine "On preventing the impact of the global financial crisis on the development of the construction industry and housing construction” dated 12.25.2008 the features and mechanisms for providing individuals with affordable housing were introduced. At the same time, it is worth noting that a large part of the housing stock became the property of citizens in connection with privatization. Similarly, the national law also provides for the possibility of privatization of land plots. Despite this, family law, in terms of determining the legal regime of ownership of such objects, has undergone changes and in different periods of time provided for the presumption of joint compatible or personal private property of the spouses. Therefore, taking into account that, when considering disputes regarding the division of marital property, the determination of the regime of ownership is carried out on the basis of the legislation that was in effect at the time of acquisition of such ownership, the study of the problems of legal regulation of ownership of privatized housing during the period of marriage still remains relevant.
 Privatization of the state housing stock is the expropriation of apartments (houses), residential premises in dormitories intended for families and single persons, rooms in apartments and single­apartment houses where two or more tenants live, and the economic buildings and premises belonging to them (basements, barns, etc.) of the state housing fund for the benefit of citizens of Ukraine. Based on the analysis of the legislation of Ukraine, it is possible to conditionally distinguish three periods in the regulation of the legal regime of ownership of "privatized” property: 1) until February 8, 2011; 2) since February 8, 2011 - till June 12, 2012; 3) since 13.06.2012 - until now.