If at the time of the husband's death the marriage was not dissolved and retained its legal force, then half of the joint property is transferred to the widow. This half is not part of the inheritance. The remaining part is divided among first-degree relatives in equal shares in the absence of a will. The remaining half should also be shared among all first-degree relatives, including the husband or wife. The law on the allocation of the marital share regulates that the second half of jointly acquired property is distributed in equal shares among all the heirs.
Importantly! Only the spouse with whom the deceased was in an officially registered marriage on the day of death has the right to inheritance. That is, the ex-wife does not have the right to inherit part of the property of the deceased ex-husband.
The ex-wife of the deceased husband has the right to apply to the court for recognition of the right of ownership of 1/2 of the joint property of the spouses.
According to Art. 811 of the Civil Code of Ukraine, the housing rental agreement is concluded in writing.
However, according to Article 218 of the Civil Code of Ukraine, non-observance by the parties of the written form of the transaction, which is established by law, does not result in its invalidity, except in cases established by law.
Denial by one of the parties of the fact of committing the deed or disputing its individual parts can be proved by written evidence, means of audio, video recording and other evidence.
Therefore, it is theoretically possible to conclude a housing rental agreement in oral form. However, if one of the parties denies the conclusion of such an agreement, it will be quite difficult to prove the opposite in court.
I would like to draw your attention to the following, if the home owner took your funds without your permission, then such actions contain signs of a criminal offense.
If you are interested in detailed consultation on this issue, please contact me, I will be happy to help you.
If you buy housing from a developer, that is, the apartment is still under construction, then you need to check the following:
information about construction participants: by name or EDRPOU code, you can get data about the company from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations or on the website https://opendatabot.ua/. Pay attention to the date of establishment of the construction company, the founders and beneficiaries, and the size of the authorized capital.
in addition, it is necessary to check the information in the Register of construction activities, specifically the permit for construction works, town planning conditions and restrictions, and technical conditions.
it is worth checking the land plot on which your real estate is being built. The developer must confirm that he legally uses this plot for construction, that is, he has a land deed or a lease agreement; the land is not under seizure or mortgage - this can be checked in the State Register of Rights to Real Estate by cadastral plot number or address; the land is intended for construction - check the purpose of the plot - to find out, you can request the relevant documentation from the developer.
If you are buying housing from the owner, you should check the following:
originals of title documents from the owner (ownership certificate, inheritance certificate, donation agreement, court decision).
if the apartment was inherited or recognized as the property of a person by a court decision, it is worth conducting an additional check: pay attention to the fact that the inheritance certificate was issued a long time ago. If very recently, there is a risk that other heirs may claim the apartment; check the court decision in the Register of Court Decisions by case number. It is important to make sure that it has entered into force and cannot be challenged.
real estate in the Register of Real Property Rights. This can be done on the Diya web portal https://diia.gov.ua/services/informaciya-z-derzhavnogo-reyestru-rechovih-prav-na-neruhome-majno
debts for communal services and registered residents. Ask the owner for a certificate from the condominium or housing association. Check the owner in the Unified Register of Debtors.