Ukrainian law stipulates that property acquired by spouses during marriage belongs equally to both the wife and husband as joint co-ownership, regardless of whether one of them has a valid reason (education, household management, childcare, illness, etc.) that prevents them from earning an income. This applies even in cases where only one spouse is the property owner. The exception to this is personal items.
When spouses divorce, conflicts may arise regarding the size of each party’s share and the division of joint property:
- One party may try to claim all the joint property.
- There may be a desire or basis to increase one’s share of the property.
- There may be an attempt to avoid paying off debts or loans after the divorce.
These are typical situations. However, when the stakes are high, trying to resolve issues independently can be risky. It’s important to stay rational and consult specialists. A lawyer specializing in property division possesses the necessary knowledge and experience to help minimize financial and time losses and find a way out of an unfavorable situation.
In the event of a property division dispute, the court will attempt to distribute the property equally, even if the contributions of each spouse were not equal.
Therefore, the Family Code of Ukraine provides spouses the right to mutually divide their jointly owned property, even without dissolving the marriage. After concluding the appropriate property division agreement, the spouses distribute the joint property, and joint ownership rights cease.
The property division agreement can cover both the common inventory or ownership rights acquired since the marriage registration and its individual components. Moreover, if the distribution is unequal, financial compensation can be agreed upon. It is important to remember that such an agreement can only be concluded for existing property.
There are certain categories of property not subject to division between spouses:
- Property acquired by one of the spouses before the marriage.
- Property received by one of the spouses as a gift.
- Inheritance.
- Property acquired with one spouse’s personal funds.
- Personal items such as jewelry, even if purchased with joint funds.
- Property acquired during the spouses’ separate living, in the case of an actual breakup.
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Therefore, any other property jointly owned by the spouses is subject to division unless the couple has other agreements or arrangements related to this matter.
A lawyer in Kyiv is ready to assist you with the process of developing and concluding a property division agreement. We offer the following services:
- Drafting a property division agreement.
- Assisting with the notarial certification of the transaction.
- Preparing a court claim and representing your interests.
- Support and assistance in enforcing a court decision.
Contact the Lawyers and Realtors Association of Ukraine (AROU) and be assured that the division of property between you and your former partner will occur in accordance with legal norms.
