Does a sailor need a car – how the court divided the property of the former spouses
The Novokodatsky District Court of the city of Dnipro considered a civil case on the claim for division of marital property.
Circumstances of case No. 205/5007/25
The plaintiff applied to the court with a demand to divide the movable property that is joint marital property – a passenger car of the Mazda brand, model 3, 2016 year of manufacture, corresponding chassis number, corresponding license plate.
The parties were in a registered marriage from August 21, 2021, which was dissolved by the decision of the Zhovtnevyi District Court of Dnipropetrovsk city dated December 18, 2023.
The car was purchased during the marriage and registered in the name of the defendant. By the decision of the Leninsky District Court of Dnipropetrovsk city dated June 11, 2024, and the ruling of the Dnipro Court of Appeal dated December 11, 2024, in case No. 205/13260/23, it was established that the mentioned car is joint marital property. The market value of the car according to the expert's conclusion is 444,479.01 hryvnias.
The plaintiff does not have a permanent place of residence in Ukraine, works as a sailor, does not use the disputed car and has no access to it. The defendant uses and disposes of the car; the documents and keys are with her.
The plaintiff requested to allocate the car to the ownership of the defendant and to recover from her in his favor monetary compensation for his share in the right of joint marital ownership in the amount of 222,239.50 hryvnias.
What the court decided
The court satisfied the claims.
It divided the movable property that is joint marital property – the vehicle of the Mazda brand, model 3, 2016 year of manufacture, corresponding chassis number, corresponding license plate, as follows:
- to allocate the passenger car of the Mazda brand, model 3, 2016 year of manufacture, corresponding chassis number, corresponding license plate, to the ownership of the defendant;
- to recover from the defendant in favor of the plaintiff monetary compensation for the latter's share in the right of joint marital ownership of the vehicle in the amount of 222,239.50 hryvnias.
To recover from the defendant in favor of the plaintiff court fees in the amount of 2,827.99 hryvnias.
The decision may be appealed to the Dnipro Court of Appeal within thirty days from the date of its announcement.
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