How we help
- checking documents and supporting sales
- ownership disputes over a flat or house
- land disputes and plot registration
- dividing property and setting shares
- eviction, leases and invalidating contracts
How we work
- study the documents and the property’s history
- assess risks before signing
- prepare contracts, applications and claims
- represent you in court and before authorities
What should you check before buying a flat?
Who owns it according to the State Register of Real Property Rights, and whether it has any seizures, mortgages or bans. Whether it is the joint property of a married couple: then the other spouse’s written, notarised consent is required (Art. 65(3) of the Family Code of Ukraine). Who is registered there and whether any of them are children. Title to a flat arises on the day of state registration (Art. 334(4) of the Civil Code of Ukraine), so tie the final payment to registration, not to a conversation with the seller.
How long do you have to bring a claim?
The general limitation period is three years (Art. 257 of the Civil Code), counted from the day you learned or could have learned of the violation (Art. 261(1)). The court applies it only if the other side asks (Art. 267(3)). A claim concerning real estate is filed where the property is located (Art. 30(1) of the Civil Procedure Code): for a flat in Odesa that is the district court of the area where the building stands, such as the Prymorskyi, Kyivskyi or Malynovskyi District Court.
Documents you will need
- the document under which the right was acquired: a sale or gift contract, a certificate of inheritance;
- an extract from the State Register of Real Property Rights;
- the technical passport, and for land, the cadastral number;
- receipts and correspondence if money changed hands before the deal.
Common mistakes
- paying a deposit without a written agreement, in which case the money is treated as an advance (Arts. 547 and 570(2) of the Civil Code);
- buying through a power of attorney without checking that it is still valid;
- stating a lower price in the contract and later being unable to prove what was really paid.
Dividing a flat between spouses is covered on the divorce lawyer page, other property disputes under civil law and procedure.
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