What property is not subject to division in the dissolution of marriage?

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In Ukraine, the following types of property are not subject to division during divorce, as they are considered personal private property of one spouse:

  • Property acquired before marriage: For example, if one spouse bought an apartment before the marriage, it remains their personal property.
  • Property received during marriage as a gift or inheritance: Gifts or inheritance received by one spouse during the marriage are not subject to division.
  • Property acquired during marriage using one spouse’s personal funds: If property is purchased during the marriage using funds that belonged to one spouse before marriage or received by them as a gift or inheritance, it is considered personal property.
  • Housing privatized during marriage: If one spouse privatized housing during the marriage, it remains their personal property.
  • Land acquired during marriage through free privatization: Land obtained by one spouse for free from the state during marriage does not get divided.
  • Personal belongings, including jewelry: Even if such items were purchased with joint funds, they are considered personal property.
  • Awards and bonuses received for personal achievements: For example, a bonus for professional achievements received by one spouse is considered their personal property.
  • Money received as compensation for the loss (damage) of property belonging to one spouse or compensation for personal moral damage: These amounts are not subject to division.
  • Insurance payouts received through mandatory personal insurance or voluntary personal insurance, if premiums were paid from funds that were the personal property of one spouse: Such payouts are also not subject to division.

Important Note: If property considered personal property of one spouse has significantly increased in value during the marriage due to the joint labor or financial contributions of the other spouse, it may be considered joint marital property.

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