The procedure for dividing joint property of spouses

The division of joint property of spouses in Ukraine is regulated by the Family Code and can be carried out either voluntarily or through court proceedings.

1. Voluntary division:

• Contract agreement: Spouses can independently agree on the division of joint property and formalize this in a written contract. If the property includes real estate, the contract must be notarized.

2. Court order for division:

• Appeal to the court: If the spouses cannot agree on the division of property, either of them can file a lawsuit in court.
• Case review: The court determines the composition of the joint property, assesses its value, and establishes the shares of each spouse. Typically, the shares are equal unless otherwise specified in a prenuptial agreement or justified by special circumstances.
• Awarding property: Indivisible items (e.g., a car) are awarded to one of the spouses with the possibility of compensating the other. The court considers the interests of both spouses and children.

3. Determining joint and personal property:

• Joint property: Property acquired by the spouses during the marriage belongs to them as joint property, regardless of whether one of them did not earn independently for a valid reason.
• Personal property: Property acquired before marriage, received as a gift, or inherited, as well as items of individual use (except for jewellery and luxury items), is the personal private property of each spouse.

4. Deadline for filing a claim:

• A claim for the division of joint property can be filed within three years from the date the person learned or could have learned about the violation of their property rights.