ПРАКТИЧНІ АСПЕКТИ ВИДАЧІ НОТАРІУСОМ СВІДОЦТВА ПРО ПРАВО ВЛАСНОСТІ НА ЧАСТКУ У СПІЛЬНОМУ МАЙНІ ПОДРУЖЖЯ

Abstract

Nimak M. Practical aspects
of issue of the certaficate
of ownership of a share in the joint
property of married couple by
a notary
The problematic issues that arise in
notarial and judicial practice, when
committing such a notarial act as the
issuance of a certificate of ownership
of a share in the common property of
the spouses are investigated in the
article. In particular, the possibility
and expediency of obtaining a
certificate of ownership of a share in
the common property of the spouses
on a joint application of the spouses is
established, including possible ways
to determine the shares of the spouses
without issuing such a certificate are
analyzed.
Under current law, one spouse will
not be able to obtain such a certificate
without the consent of the other
spouse, but the author clarifies the
possibility of obtaining a certificate
by one of the spouses during the
lifetime of both.
The expediency of issuing a
certificate on a share not only to
spouses, but also to persons who
have retained joint ownership of
their common property after divorce,
as divorce does not terminate the
right of common ownership of
property acquired during marriage is
substantiated.
The possible options for the
behavior of heirs in order to determine
the share of the testator in the
inherited property in case of refusal
of the notary to issue a certificate
of inheritance are analyzed in the
article.
The author analyzes the cases
that occur in notarial practice, and
clarifies the question of whether the
issuance of a certificate of ownership
of a share in the joint property of the
spouses is the duty of the spouse who
is alive or his right.
Also the subject of the study was
the situation when both spouses,
who were property owners on the
right of common ownership, died at
the same time and in fact there is no
one to issue a certificate for a share
in the joint property of the spouses.
The author also determines the
consequences of those cases when
the spouse dies in whose name the
title deed was not issued, and the
heir is the other spouse, in whoseBased on the studying of practical
experience and analysis of scientific
literature, the author identified
situations in which it is possible in
case of death of one of the spouses,
to apply by the other spouse that the
property belongs to the testator on the
right of personal property.
name the relevant title deed was
issued.