Dividing Property in a Ukrainian Divorce: What Gets Split and What Doesn't.

Property Division in Ukrainian Divorce Proceedings

According to Novyny.live: For couples divorcing in Ukraine, the division of assets, particularly apartments, is a major concern. According to Article 60 of the Family Code of Ukraine, property acquired during the marriage is generally subject to a 50/50 split. However, there are key exceptions that determine which assets are considered joint property and which remain the personal possession of one spouse.

An apartment remains personal property if it was inherited, received as a gift, privatized in the name of one spouse, or purchased with personal funds before the marriage was formalized. These exceptions allow one partner to retain ownership of assets not acquired through the joint efforts of the marriage.

It's important to note that a spouse's share of property can only be increased in exceptional circumstances. For instance, if one parent fails to pay child support, this can influence the division of joint assets. The statute of limitations for filing a lawsuit on this matter is three years from the moment the person became aware of their rights being violated.

Principles of Property Division

Ukrainian courts are very reluctant to deviate from the principle of equal shares. This means that in most cases, property is divided equally. It is crucial to distinguish between joint fractional ownership and joint common ownership. In the first case, shares in the property are clearly defined, while in the second, they are not. Therefore, in a joint common ownership arrangement, neither co-owner can claim a specific part of the property as their own until an official division takes place.

Regarding the possible paths for dividing property, there are three main options:

• a peaceful settlement agreement
• buying out the other spouse's share
• litigation in court

Each of these paths has its own advantages and disadvantages, and the choice depends on the specific circumstances of the couple. Navigating property division in a Ukrainian divorce is complex, and each case requires an individual approach. Understanding these legal distinctions is vital, as court practice strongly favors equal division, which can significantly impact the outcome of any dispute.