One of the issues that must be resolved during a divorce is the division of marital property.
to the lead lawyer
If it concerns movable property (for example, cars, securities, bank accounts), the parties can usually agree and conclude a written settlement. The distribution of real estate is confirmed by a notarized agreement. However, if an agreement cannot be reached, the division of joint property between spouses is carried out through the court.
According to Article 60 of the Family Code of Ukraine, property acquired by spouses during marriage belongs to both of them under the right of joint common ownership. It does not matter if one of the partners had no independent income during the marriage — for example, was engaged in household duties, childcare, studying, etc. Thus, upon divorce, all jointly acquired property is subject to division: real estate, movable property, and other assets.
Property that is not subject to division after divorce includes assets purchased by one spouse with personal funds, received as a gift or inheritance, as well as property acquired before marriage. However, in certain cases, property acquired before marriage may be divided — in particular, if its value significantly increased due to contributions from the personal funds of either husband or wife. For example, a private house was renovated during the marriage and its area was expanded.
Children do not have their own share in family property, and it is usually divided equally. However, when it comes to the division of property through court, the court may take into account with whom the children will live. For example, it is possible to transfer an apartment to the mother and child in lieu of alimony, so that future payments are not required. Personal belongings of the child (bicycle, tablet, gaming console), which are inherited or registered in their name, are not subject to division.
A legal consultation is needed to clarify how property is divided during divorce, what exactly is subject to division, and to discuss possible options. If the proposed division is acceptable to both parties, the lawyer drafts a property division agreement between spouses.
The process of legal consultation depends on the stage of the property division after divorce. At the pre-trial stage, the client provides documents confirming ownership of the property subject to division and discusses possible legal options with the lawyer. If a court dispute is already ongoing, the client must provide the property division lawyer with court documents.
In most cases, courts divide property on a 50/50 basis, taking into account the interests of both spouses and children. During a legal consultation regarding property division after divorce, the client must provide the following documents:
If there are two or more apartments, each spouse receives separate housing, rather than half of each apartment.
The result of legal support in property division cases between spouses is a court decision confirming the client’s rights. A property division lawyer helps achieve a fair and optimal decision that takes into account the interests of all parties.
| Cost of a lawyer consultation on division of marital property during divorce | 1500-2000 UAH |
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