The issue of property division after the dissolution of marriage often becomes a subject of sharp disputes between former spouses. Most assets acquired during the marriage are typically divided equally; however, there are important exceptions to this rule.
This is reported by Finway
What Property Is Considered Jointly Acquired
According to the Family Code of Ukraine, everything purchased during the marriage (except for personal items) is considered joint property of the spouses. This means that even if a car or other property is registered solely in one spouse’s name, it still belongs to both.
At the same time, personal items, such as hygiene products or musical instruments used only by one family member, are not considered jointly acquired property.
Property Issues in Common-Law Marriage and Inheritance
Items acquired before the official registration of marriage remain personal property and are not subject to division through the court. An exception applies to couples who lived together as a family without marriage registration — in this case, property is divided based on similar principles if the court recognizes this union as a common-law marriage. In such situations, both partners must prove the fact of cohabitation, and only after that can the property be divided equally.
Regarding inheritance, gifts, or personal belongings, they are not considered jointly acquired property. However, if joint funds were used to renovate or significantly improve inherited property during the marriage, the court may designate a portion of that property as joint ownership and distribute it accordingly between the former spouses.
“A gift, inheritance, and personal items, individual property purchased before marriage, are all personal belongings of the citizen. Such items do not fall into the category of jointly acquired property. Therefore, in the event of a divorce, a husband or wife cannot claim what the other received as an inheritance.”
In the event of one spouse’s death, all property, regardless of its status, becomes part of the inheritance mass. The wife, children, and parents of the deceased have priority rights to the inheritance but may agree on a different distribution principle.
In a common-law marriage, to inherit, the couple must have lived together for at least five years. In this case, common-law spouses are in the fourth line for inheritance and can only receive an inheritance if there are no heirs from the previous lines.
How Property Is Divided and What Is Not Subject to Division
After a divorce, spouses may voluntarily enter into a property distribution agreement (for example, a gift agreement). If there is no agreement, the matter is resolved by the court. Typically, shares are determined in equal proportions — 50 to 50, regardless of who worked or handled household chores.
It is important to consider personal contributions to joint property. For example, if one spouse sold their personal apartment acquired before the marriage and those funds were used to purchase joint real estate, their share in the new property will be larger, proportionate to the contributed funds.
To prove that certain property is personal ownership, it is necessary to provide relevant documents: purchase and sale agreements, gift agreements, inheritance certificates, or insurance contracts. Without such evidence, the court usually divides all property equally. In extreme cases, indirect evidence such as photographs or witness testimonies may be allowed.
- Property acquired before marriage (confirmed by purchase and sale agreements);
- Gifts (gift agreements);
- Inheritance (inheritance documents);
- Compensation for damages (insurance contracts, court decisions, etc.).
All these points confirm that the property is not jointly acquired and is not subject to division during divorce.