DIVISION OF COMMON MARRIAGE PROPERTY

Joint property of spouses often becomes the subject of legal disputes. Division of property arises most often during the dissolution of marriage, however, the law allows its division even during marital relations.

Situations arise where partners cannot reach an agreement on what property is common, in what share it belongs to each, and how to properly distribute these assets.

The process is regulated by the Family and Civil Codes of Ukraine. It is important to understand the basic principles to avoid mistakes.

What is considered joint property of spouses?

According to Article 60 of the Family Code of Ukraine, property acquired by spouses during marriage is joint common property, regardless of which spouse earned the money or received income.

Important: any property acquired during cohabitation is automatically considered joint until proven otherwise. The moment of property acquisition is more important than who it is registered to.

Joint property includes:

• Real estate: houses, apartments, land plots.
• Movable property: vehicles, equipment, furniture.
• Monetary funds: deposit accounts, savings.
• Income from business activities.
• Corporate rights.
• Other assets obtained during the marriage.

Property that is not subject to division

The law defines categories of property that are the personal private property of one of the spouses:

• Property acquired before marriage.
• Property received as a gift or inheritance (even during marriage).
• Personal items of individual use (clothing, jewelry, prizes, awards).

Exception: if personal property was significantly improved at common expense (for example, capital repair of an inherited apartment), the court may recognize it as partially joint.

Basic principles of division

As a general rule, property is divided equally (50/50).

However, the court may deviate from the principle of equality of shares if one of the spouses:

• Did not care for the material provision of the family without valid reasons.
• Hid, destroyed, or damaged joint property.
• Spent property to the detriment of the family's interests.

Ways of dividing joint property

1. Voluntary division. The spouses conclude a notarized agreement on the division of property.
2. Marriage contract. Allows determining the conditions of division in advance (can be concluded both before marriage and during it).
3. Judicial division. Applied when there is no agreement. The court determines the shares and specific objects for each.

Features of dividing specific assets

• Real estate: divided in kind (if possible) or awarded to one of the spouses with payment of monetary compensation to the other (at market value).
• Cars: usually, the car remains with the one who uses it, and the other party receives compensation of 50% of the value.
• Money and deposits: divided equally, unless their personal origin is proven.
• Debts and loans: are also subject to division if the funds were taken in the interests of the family.
• Corporate rights: a complex asset requiring special valuation and legal procedures.

Typical mistakes during division

The most common mistakes leading to loss of property:

• Lack of evidence of acquiring property specifically during the marriage period.
• Ignoring debt obligations (loans).
• Incorrect valuation of assets.
• Missing the statute of limitations after divorce.

Conclusion

The process of dividing joint property is a complex issue requiring knowledge of legislation.

The best way is a peaceful agreement. If a conflict is inevitable, turning to a lawyer will help protect your rights.

The law firm "Prikhodko & Partners" provides professional assistance in property division cases, ensuring the protection of your interests at all stages: from negotiations to court. Trust this matter to professionals to avoid mistakes and preserve your capital.