Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Contact now
DIVISION OF PROPERTY IN DIVORCE

DIVISION OF PROPERTY IN DIVORCE

One of the most emotionally charged and difficult parts of the divorce process is the issue of the distribution of property acquired during marriage. This issue often causes misunderstandings and arguments between the spouses, since each of the partners believes that their contribution to the overall well-being has been greater. 

Even the question of who has worked more for the common welfare can become a source of conflict and litigation. 

If at the initial stage the spouses could not reach an agreement, the resolution of this issue usually falls on the court. The court is obliged to decide how exactly the division of assets will be carried out, focusing on the current legal norms. 

In this article, we will consider the main points regarding the distribution of property of spouses acquired during marriage, in accordance with Ukrainian legislation. 

How joint property is divided: possible options for resolving the dispute 

According to Ukrainian law, there are two main approaches to the distribution of property between former spouses: 

  • A peaceful resolution of the conflict is the best option when couples are able to agree on the distribution of their assets without the involvement of the court. 
  • Decision through the court — when the spouses cannot reach an agreement, the issue is resolved in court. The court analyzes the evidence and makes a decision in accordance with the norms of family law. 

The choice between these options depends on the ability of both parties to reach a compromise. If a peaceful path is not possible, the court will be the one to ensure a fair distribution. 

Property that is not subject to distribution 

Not everything that is owned by the spouses is subject to division. 

There are certain types of assets that are not taken into account during the distribution: 

  1. Property acquired before marriage. If one of the partners had property before the start of living together, it remains his personal property. 
  2. Gifts and inheritance. If the property was received as a gift or as an inheritance, it is not included in the joint property for division. 
  3. Personal belongings. All items of individual value, such as jewelry, clothing or accessories, remain personal property, even if they were purchased with joint funds. 
  4. Property purchased at their own expense. If one of the spouses acquired assets with their own finances, such things are not subject to distribution. 

These categories of property cannot be divided, and the owner retains ownership of them. 

It will also be useful: DIVORCE LAWYER

How is the distribution of property carried out when there are children? 

When spouses have minor children, the court is obliged to take into account their interests when dividing joint property. Problems can arise if you need to determine who the children will stay with after the divorce. 

A father or mother who stays with the children can get most of the assets to provide for their needs. 

According to the law, the property that the spouses acquired during the marriage is joint property. However, the court may adjust the distribution taking into account the needs of the child. In addition, the court may decide on the payment of child support. 

Features of the distribution of real estate 

From a theoretical and practical point of view, real estate is usually one of the most difficult stages in the divorce process. If the property can be divided into equal parts (for example, land plots or apartments), this does not cause significant difficulties. 

However, when the division of property is physically impossible (for example, a large house or apartment, where it is impossible to allocate a share for each), the court may decide to compensate one of the parties. 

If the division of real estate turns out to be difficult, the court may decide to leave the property in joint ownership, determining the procedure for using it. If the spouses cannot independently decide how to distribute the property, the court will make an appropriate decision. 

Agreement on the division of property 

In addition, the spouses can enter into an agreement on the distribution of assets if an agreement is reached between the partners. This agreement is subject to notarization when it comes to the division of real estate. 

внесення змін до ліцензіїWhy should you contact a qualified lawyer? 

For the correct and safe division of property, it is important to receive professional legal support. 

A lawyer will help you correctly draw up the necessary documents, avoid legal mistakes and provide recommendations on all aspects of divorce and asset distribution. 

The attorneys of Prikhodko & Partners Law Firm have significant experience in the division of property and divorce and are ready to help you find the best solution. 

Calculate the cost of services

1 question

Have other lawyers or attorneys been involved in your case?

Yes
No

2 question

Are you in a registered marriage?

Yes
No

3 question

Are you in Kiev or Kiev region?

Yes
No
Frequently asked questions for the topic:

Which property is subject to division and which is not?

Common property (shared): 

  • everything that the spouses acquired during the marriage for joint or personal income; 
  • real estate: apartment, house, land; 
  • movable property: cars, appliances, furniture; 
  • cash deposits, shares, corporate rights; 
  • income from entrepreneurial activity, wages, bonuses; 
  • things purchased for family needs (even if one of the spouses actually used it). 

Personal property (not shared): 

  • property acquired before marriage; 
  • received by inheritance or as a gift (even during marriage); 
  • property acquired at the personal expense of one of the spouses; 
  • personal items (clothes, shoes, cosmetics, hygiene products, etc.); 
  • awards and prizes for personal merit; 
  • property acquired after the actual termination of marital relations (if proven in court). 

Example: if a man bought a car in marriage, but with money from the sale of an apartment that he inherited from his parents, the car can be recognized as his personal property. 

How is real estate divided?

The general rule is that each spouse owns 1/2. 

The court may depart from the principle of equality of shares if: 

  • one of the spouses did not invest money/efforts in the family, led an antisocial lifestyle, abused alcohol or gambling; 
  • minor children remain living with one of the spouses; 
  • significant personal funds of one of the spouses were used; 
  • one of the spouses significantly increased the value of the property (for example, he rebuilt the house on his own). 

Forms of division of real estate: 

  • real division (for example, dividing a house into separate apartments); 
  • determination of shares in the ownership right (the apartment remains in joint ownership, but the shares are documented); 
  • compensation (property remains alone, the second receives monetary compensation). 

Example: if the apartment is small, and it is physically impossible to divide it, the court may award it to one of the spouses, and the other — compensation. 

Are loans and debts shared?

Share: 

  • loans taken during marriage for the needs of the family; 
  • mortgage for the apartment in which the family lives; 
  • consumer loans for furniture, household appliances, medical treatment or education of children. 

Do not share: 

  • loans spent on personal needs (gambling, own business without benefit for the family, personal entertainment); 
  • debts arising as a result of illegal actions of one of the spouses. 

Example: if a man took a loan to buy a taxi car and used it as a source of family income, the debt will be divided. If he spent money on personal trips abroad, the debt will remain only with him. 

What to do if the property is registered in the name of one of the spouses?

It does not matter, because the fact of acquisition during marriage is important. 

  • If the property is purchased in marriage, it is automatically considered joint, even if it is registered only for one. 
  • If the other spouse proves that the property was purchased at his/her own expense or received as an inheritance/gift, then it can be recognized as personal. 

Example: an apartment is registered in the name of the wife, but bought during the marriage for joint money — the husband is entitled to half. 

Is it possible to divide property without a court?

Yes, and this is the fastest and cheapest option. 

Options for out-of-court settlement: 

  1. Notarial agreement on the division of property. The spouses determine who owns what. 
  2. Agreement on the allocation of shares. If the parties agree to co-ownership. 
  3. Marriage contract. It can be concluded both before and during marriage. 

Advantages: fast, cheaper, without conflict.
Disadvantage: the consent of both is required. 

If there is no agreement, the dispute is resolved by the court. 

You may also need:

20%
discount
If we do not
call back
during the day
Consultation
Law company
Leave a request for legal assistance right now:
9+ years on the market
70+ professional practitioners
Fixed price
Online / offline consultation

Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights