Division of marital property

The division of marital property is one of the trickiest things that a pair has to deal with when they decide to end their marriage. This formal process spells out who gets what from the assets and debts that were bought together.

Whether the separation is amicable or contested, the issue of property division often requires clarity, documentation, and legal support to ensure fairness.

Below is a comprehensive overview of how this process works, including special cases such as children, civil marriages, mortgages, and prenuptial agreements.

Navigating the complexities of property division during a divorce can be challenging; seeking the advice of a knowledgeable family lawyer can provide the clarity you need.

How does the division of marital property occur during divorce?

The division of marital property occurs either by mutual agreement or through a court decision. In Ukraine, this process is governed by the Family Code and can be initiated during the divorce or even afterward.

There are two main ways this division can take place:

• Voluntary agreement: Spouses agree on who gets what. Such an agreement must be in writing and notarized.
• Court decision: If the spouses cannot agree, the court will decide based on the contributions of each party, financial situation, and interests of any children involved.

Assets are typically divided equally unless one spouse can prove unequal contribution or other exceptional circumstances. When facing the complexities of marital property division, consulting an experienced inheritance lawyer can provide valuable insights into navigating legal challenges.

Features of property division when children are involved

When minor children are involved, the court prioritizes their interests above all else. This can influence how assets, especially housing, are divided.

For instance:

• A parent who retains custody may be granted the right to reside in the jointly owned apartment.
• The court may also consider the child’s habitual living environment and proximity to schools or medical care.
• Some movable property (furniture, children’s belongings) may be assigned to the child’s custodian for practical purposes.

These considerations often result in a division that is not strictly 50/50.

You can seek expert legal assistance on alimony matters from the Law Office of Serhiy Lysenko.

Deadlines for dividing marital property after divorce

There is a legal timeframe within which one can claim division of marital property after divorce.

• According to Ukrainian law, the statute of limitations is three years from the date the person became aware (or should have become aware) of the rights violation. This is commonly the day the marriage was dissolved.

Missing this deadline could result in the loss of the right to claim property division through court.

Property division in a civil marriage

Civil or informal marriages (unregistered cohabitation) are not recognized in the same way as official marriages under Ukrainian law. However, property issues can still arise.

• If both parties contributed financially to acquiring certain property, it may be possible to prove joint ownership.
• Courts require evidence of joint financial participation, such as receipts, transfers, or testimonies.

Without formal marriage registration, property rights are decided under general civil law, not family law.

What is considered jointly acquired property?

Jointly acquired property typically includes:

• Real estate purchased during the marriage.
• Household items and vehicles.
• Savings and income earned by either spouse while married.
• Business shares or investments acquired during the marriage.
• Loans or debts taken during the marriage for family needs.

The origin of the funds (which spouse earned more) usually does not affect the division unless one party can prove misuse or unequal contribution.

FAQ

How to divide a mortgaged apartment?

It can be divided by agreement or court order. The court considers both the value and debt responsibility, usually assigning the mortgage and property to one party with compensation to the other.

Is it possible to file for the division of property located abroad?

Yes, but the process depends on international treaties or the laws of the country where the property is located. Legal recognition and enforcement may require a separate case abroad.

How are loans divided during a divorce?

Joint loans are divided equally unless one party proves they were used for personal needs. If only one spouse signed the contract, it usually remains their responsibility.

Can a refusal to divide property be formalized?

Yes, spouses may voluntarily refuse property claims through a notarized agreement. This document confirms that neither party will make claims in the future.

Can't find the answer to your question?

Send us a request and we will contact you

Submit a request

Which property is not divided during divorce

Some assets are classified as personal property and are not subject to division:

• Items owned before the marriage.
• Inheritance or gifts received during the marriage.
• Personal belongings such as clothing or items of individual use (excluding luxury goods).
• Compensation received for personal injuries.

These assets remain the sole property of the individual, unless they were explicitly contributed to the family budget or transformed into jointly used items (e.g., renovating an inherited home using joint funds).

Division of movable and immovable property

Furniture, electronics, cars, and other non-fixed goods are all examples of movable property. Flats, houses, land plots, and other types of real estate are all examples of immovable property.

Instead of directly splitting things, courts often give whole things to one partner and give money to the other. When it comes to real estate, the court can:

• Allocate ownership to one party.
• Order sale and divide proceeds.
• Recognize co-ownership with usage terms.

Mortgage Property and Loans Section

Dividing mortgaged property is more complex. Courts consider:

• Which party continues to live in the property.
• Who pays the mortgage.
• If the debt is joint or individual.

If both parties are co-borrowers, the mortgage and asset are usually split equally, unless agreed otherwise. The bank’s approval may be required for changes in loan responsibility.

How property is divided when there is a prenuptial agreement

A prenuptial (marital) agreement allows spouses to predetermine how their property will be divided in case of divorce. In Ukraine:

• Such agreements must be notarized to be valid.
• The agreement can specify separate ownership of future assets.
• It cannot limit rights related to children, personal rights, or violate public policy.

Courts will generally follow the terms unless one party proves coercion, fraud, or other legal defects.

Cost

The cost of dividing marital property can vary based on the complexity of the case:

• Notary fees for property division agreements.
• Court fees, which depend on the property’s value.
• Expert evaluations (required for real estate or business shares).
• Legal assistance if hiring a lawyer to represent the case.

In general, the cost may range from several thousand to tens of thousands of hryvnias depending on the situation.