Divorce with division of property in Ukraine

The division of property of spouses is determined by the Family Code of Ukraine. The initiator may be a spouse, or creditors interested in the section. The division of property can be both before and after the divorce within three years from the date of the divorce. A good option when dividing property is an agreement between spouses. If you can’t reach an agreement, you need to go to court. The judicial authority will determine the list of things to be distributed, evaluate them and determine the shares of each of the spouses.

Distribution of spouses’ property upon divorce in Ukraine

The division of property between spouses can be made both before and after the divorce at the request of one of the spouses, as well as if creditors claim the division of the common property of the spouses in order to foreclose on the allocated share.

The division of common property can be made by concluding an agreement between the spouses on the division of common property. If there is a dispute about the division of common property and the determination of shares, then a court order is necessary.

an application for the division of property of the spouses must be filed during the divorce proceedings, or within three years (after the moment of violation of the property rights of another).

An agreement on the division of property shall be concluded in writing.

It should include:

Full name of each, their passport data, place of registration.
List of property acquired during the marriage.
A list of property that goes to each spouse as a result of the concluded agreement on the division of property.
the date of signing the agreement and the signature of both spouses.

If desired, the spouses can notarize such an agreement at any notary. After signing the agreement on the division of property, the notary has the right to issue a certificate of ownership to the parties. At the same time, only a notary in the location of this property can issue a certificate for a share of real estate. An agreement on the division of property is a civil law agreement and may be declared invalid through a court.

The division of property in a marriage is usually applied when a man and a woman live separately from each other and are not actually in a family relationship. The presence of marital relations and the absence of a divorce cannot be an obstacle to the joint division of the property of the spouses.

Dividing property through a deal is a simple option, both legally and emotionally. It will pass very soon. No need to apply to the judiciary, and this saves money and nerves.

It is important to know that the agreement and its notarization is not just a formality. It will have legal implications. Often the deal is used by spouses to mislead their other half. Therefore, if you have doubts about your abilities and knowledge, you should contact a qualified lawyer.

How to dissolve a marriage if there is a dispute about the division of property in Ukraine?

If the dispute is resolved peacefully, that is, through an agreement, it does not mean that you will have to resort to litigation. Often it is associated with such important actions as:

Search for property that was jointly acquired, if one of the spouses wants to deliberately hide it.
Independent appraisal of the joint property of the spouses.
The procedure for appealing and recognizing invalid or void agreements that one of the spouses made with property.

Disputes on the division of property of spouses upon dissolution of marriage in Ukraine

It is the statement of claim that is filed with the court at the place of residence of the defendant. If it is unknown, then according to the last known place of residence of the defendant or the location of the property.

If there is a dispute about real estate, it is possible to consider the process at the location of the real estate (if it is in different areas, then at the location of its main part).

An important issue is the payment of the court fee (calculated according to the price of the claim), in case of non-payment, the court will return the application and your documents to you. In this case, the court may defer or install the payment of the court fee (financial situation is taken into account) until the decision is made.

As a rule, judges go to meet women who are not working and raising children.

The procedure for the distribution of property of spouses in court during a divorce in Ukraine

Jointly acquired property is considered:

Any income of a man from labor, intellectual, creative, entrepreneurial activity.
Pensions, compensations that do not have a designated purpose.
Movable and immovable property (cars, jewelry, furniture, appliances) received from general income.
Deposits, shares, securities, shares in business that appeared during cohabitation.

Not included in this property:

Property bought or received by inheritance or marriage.
Gifts and inheritance from third parties.
The property of children (will remain with the child, that is, the one who will educate him).
Personal items are intended for individual use (clothing, toothbrush, etc.), except for jewelry and other luxury items.

Features in the division of certain types of property in Ukraine

Automobile. A feature of this property is the need to register it (and for one man). But at the same time, the man to whom the car is registered cannot freely dispose of it. When deciding the fate of a car, the court looks at: which of the spouses has the right to drive, and also who carried out the actual use. But in any case, the person who received the jointly acquired car must reimburse the other party for half of its value.

Pet. Sometimes the owners treat the pet as a member of the family, but for the court it is also property. The judge will be guided by such facts when determining who to leave the animal to: the availability of conditions for normal maintenance, the cost of the animal, the use of violence by one of the spouses in relation to the pet.

Предметы профессионального труда. Будут переданы человеку, который использовал ими в (музыкант получит свой музыкальный инструмент, а программисту достанется компьютер). Но при этом необходимо будет компенсировать стоимость денежными средствами или другим имуществом.

Items bought on credit. A loan is issued, as a rule, for a single spouse, which means that the obligation to repay lies only with him. Therefore, there are two options. In the first case, the court increases the share of the borrowed man in the common property, realizing that he will need to repay the loans. In the second case, the court may oblige the second man to participate in the repayment of the debt.

An apartment bought with a mortgage. The apartment in this case is burdened with a pledge and the rights of the owners in this case are limited. Therefore, it is very important to solve the problem of mortgage debt. It would be advisable to ask the bank to reissue the old loan agreement, concluding a separate agreement with each husband, determining the share of each of the spouses. But banks are not always ready to go for it, and sometimes they ask for early repayment.

There is an option in which one man refuses a share of real estate and loan debt. It is also possible voluntary sale of the apartment, and the division of the money remaining after repayment of the loan

Business. In this case, several options are possible. Spouses can continue to do business and at the same time try to peacefully carry out the division of shares, shares, duties, rights and powers. A business owner can simply reimburse his wife for a share in the business in cash. If all the spouses were the founders of the company, then one of them can sell his share to another. A good option would be to sell the entire business to him and share the money received. It is possible to reorganize the business through spin-off, division or liquidation.

Results of intellectual activity. The exclusive right to intellectual activity cannot be divided. But you need to distinguish it from the reward for the use of this result, which is already subject to distribution.

The division of property in court occurs in several stages:

Definition of a specific list of things. The court does this based on the data of the statement of claim and the counterclaim (if any), title and supporting documents, descriptions, lists, explanations, testimonies.
There should be no doubt that all things belong to the spouses or one of them. If someone hides or withholds property, it requires proof.
Determining who owns a thing. If a man appeals against the fact that a thing belongs to common property, then such an assertion should not be unfounded, but must be supported by evidence, because if this is confirmed, then the property is excluded from the total mass.
Evaluation of things. The price of the property must be confirmed by the spouses if they agree on its value. Otherwise, the involvement of an expert appraiser is required. It is also possible to present checks and receipts for things.
Particle size determination. The part of each man can be increased or decreased by the court, as a rule, this is due to the fact that one of the spouses has a child after the divorce.
It may also be influenced by the fact that a man refused to work in marriage without good reason or if he spent property to the detriment of the family.
Judicial practice on deviation from the equality of particles is unstable and depends on many factors, both subjective and objective.
Making a decision by the court. Based on the previous stages, the court makes a decision binding on the spouses.

Also, useful information on the website “Divorce Online” of the family lawyer Aleksey Nikolaevich Skryabin may be for you: divorce certificate by court order, divorce with a foreigner in Ukraine, divorce with a foreigner without his presence, grounds for declaring a marriage invalid, divorce with a foreigner 2022 , underage marriage, divorce laws, civil status acts on divorce, family divorce code, civil divorce code.

Questions from our readers and answers from a consultant

I lived with my husband, they could not have children, so they decided to get a divorce. We have a shared apartment. They tried to peacefully agree on property, but could not. How will the apartment be divided, according to a certificate from the BTI or at the price specified in the contract for the sale of the apartment?

Under normal conditions, the apartment will be divided in equal shares, if the court decides to oblige one of you to pay compensation for the second half, then the market value of the apartment will be taken into account, which means that you will need to involve an appraiser.

My wife wants a divorce, we have been married for years, years ago I inherited an apartment from my father and registered my wife there. Now my wife wants to sue half of this apartment from me, is it possible?

No, because this apartment is an inherited property and cannot be divided in a divorce.

My husband decided to separate and recently transferred the property of his limited liability company to another person and says that I will not receive anything from him. What should I do?

You are entitled to your half of the jointly acquired property to which your spouse’s business belongs, in this case we recommend that you invalidate the property alienation transaction through the courts.

Divorce with division of property in Ukraine: conclusions

The division of property can be both before and after the divorce. The division of property by agreement (through a deal) is most often the most convenient. If no agreement is reached, the court should apply for a division. He must distribute the particles between the spouses, but deviation from this principle is also possible.

Services of a family law lawyer in Ukraine

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for the division of property.
We are responsible for the quality of legal services and guarantee a positive result.
With the help of a family lawyer or lawyer, your case will be resolved more professionally and quickly during the division of property.
By contacting us, you are guaranteed to receive professional legal assistance in the division of property.

Take the first step towards your victory in a legal case when dividing property, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine

Scriabina Daria Sergeevna

PhD in Law

If the article "Divorce with the division of property in Ukraine" was useful for you, like this article, and also subscribe to our ютуб-канал, so you don't miss new videos.