Division of Property on Divorce in Ukraine

Posted on Categories News

Раздел имущества при разводе

Recently, cases of divorce have increased, in connection with which arise questions about the division of property in divorce.

Under martial law, when the spouses divorced and one of the spouses lives abroad, and the property remained in Ukraine arise questions about how to divide the property?

In such cases, the question arises whether it is possible to divide the property, if the former spouses or one of the spouses is abroad? What documents are necessary for filing a statement of claim to the court on the division of property? Does the presence of minor children affect the size of the share in the division of property? So, let’s try to understand this situation.

Please note that the consideration of court cases of this category is carried out at the location of the property (or its part) with the participation of the parties, or their legal representatives.

  1. The order of division of property at divorce in Ukraine

1.1 Out-of-court settlement of the dispute on the division of property at divorce.
At divorce, the spouses may divide the common property, which was acquired during the marriage by concluding an agreement on the division of property with the definition in the contract, which property goes to the former wife, and which to the husband. In case it is a question of division (allocation of a share) of immovable property (house, apartment, land plot), such an agreement is subject to mandatory notarization.


1.2 The judicial procedure for division of property of spouses at divorce.
Either spouse has the right to apply to the court for division of common property and/or common joint property within three years after divorce. At the same time, it should be noted that for the division of the common property of the spouses do not have to divorce, because the right to divide property does not depend on the marriage.

  1. Features of the division of property at divorce in Ukraine

Many people have a not quite correct idea that all property that was acquired in marriage is divided equally in divorce.

So, indeed, as a general rule, in accordance with the norm of Article 60 of the Family Code of Ukraine (hereinafter – the Family Code of Ukraine), the property acquired by the spouses during the marriage, belongs to the wife and husband on the right of common joint ownership, regardless of the fact that one of them did not have for a valid reason (training, housekeeping, childcare, illness, etc.) independent earnings (income).

Also, the Family Code notes that each thing acquired during the marriage, except for things of individual use, is an object of the right of common joint ownership of the spouses. However, there are exceptions to the general rule, which will be discussed below.

2.1 What are the objects of the right of common joint ownership?
Article 61 of the Family Code of Ukraine gives an answer to this question, namely: the object of the right of common joint ownership of spouses may be any property, except for excluded from civil turnover. Also the object of the right of common joint ownership is a salary, pension, scholarship, other income received by one of the spouses. If one of the spouses concluded an agreement in the interests of the family, the money, other property, including fees, winnings, which were received under this agreement, are the object of the right of common joint ownership of the spouses.

If one of the spouses by his/her labor and (or) means took part in the maintenance of the property belonging to the other spouse, in the management of this property or care for it, then the income (litter, dividends) received from this property, in the event of a dispute by court decision may be recognized as an object of the right of common joint ownership of the spouses.

In addition, things for professional activities (musical instruments, office equipment, medical equipment, etc.) acquired during the marriage for one of the spouses are the object of the right of common joint ownership of the spouses.

2.2 What property is not common joint property and is not subject to division?
The property of one of the spouses acquired by a person before marriage, acquired during the marriage on the basis of a gift agreement or by way of inheritance, acquired during the marriage, but with funds belonging to one of the spouses personally, things of individual use, including jewelry, even if they were acquired at the expense of the common funds of the spouses, funds received as compensation for the loss (damage) of a thing belonging to a person, as well as compensation for moral harm caused to him/her, insurances, etc., do not belong to the common joint property of one of the spouses.

Also to the personal private property of one of the spouses are bonuses, rewards, which he/she received for personal services, funds received as compensation for the loss (damage) of the thing that belonged to her/him, as well as compensation for the moral damage caused to her/him; income (dividends), if they are the result of a litter from the personal private property of one of the spouses.

That is, the above-mentioned property and (or) funds that belong to the personal private property of one of the spouses and are not the common joint property of the spouses are not subject to division, but belong separately to each of the spouses by law.

2.3 Does the court always divide property equally?
When resolving a dispute about the division of property that is the object of the right of common joint ownership of the spouses, the court, according to the second part of Article 70 of the Family Code of Ukraine in certain cases may depart from the principle of equality of shares of the spouses in circumstances of significant importance, in particular if one of them did not take care of the material support of the family, evaded participation in the maintenance of the child (children), concealed, destroyed or damaged the common property, spent it to the detriment of the interests of the family.

Under article 70, paragraph 3, of the Family Code of Ukraine, the share of a wife’s or husband’s property may be increased by court order if the wife or husband has children living with her or him, or an adult son or daughter who is incapable of working, provided that the amount of alimony they receive is insufficient to ensure their physical or spiritual development or treatment.

Applying the norm of Article 60 of the Family Code of Ukraine and recognizing the right of common joint ownership of the spouses to property, the courts must establish not only the fact of acquisition of property during the marriage, but also the fact that the source of its acquisition were common joint funds or joint labor of the spouses. That is, the status of common joint ownership is determined by the following criteria: the time of acquisition of the property; the means for which such property was acquired (the source of acquisition).

In case of acquisition of property, although during the marriage, but for the personal funds of one of the spouses, this property cannot be considered the object of common joint property of the spouses, and is the personal private property of the spouse for whose personal funds it was acquired.

The common joint property of the spouses, subject to division (Articles 60, 69 of the Family Code of Ukraine, part three of Article 368 of the Civil Code of Ukraine) in accordance with parts two, three of Article 325 of the Civil Code of Ukraine may be any types of property, except for those that by law can not belong to them (excluded from civil turnover), regardless of the fact in the name of which of the spouses they were acquired or contributed in cash, unless otherwise established by the marriage contract or the law.

  1. Necessary documents for the division of property at divorce in Ukraine

When dividing property from you, as the initiator of the division is required to provide the court:

  • Supporting documents for the property, which was acquired during the marriage, or documents that this property, although acquired during the marriage, but for the personal funds of one of the spouses or was given to him (her) as a gift;
  • a copy of the marriage certificate;
  • a copy of the marriage dissolution certificate or an effective court decision on the dissolution of the marriage (if the marriage has been dissolved),
  • a copy of your passport and RNOCPP,
  • a copy of your child/children’s birth certificate (if you have minor children). Copies of documents (passport and RNUCCPN code) of the other spouse (if any) may also be provided.

For more detailed consultation and specifics on property division during divorce, you can seek legal advice from the lawyers and attorneys of the “First Legal” Law Firm Ukraine by filling out the application form on our website at the following link: https://firstlegal.com.ua/en/services/litigation-support-of-legal-entities-and-individuals/for-individuals/ or simply by calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.


More News: