What is considered joint property and how to prove ownership rights?
Divorce is always more than just a formal termination of marriage. In addition to the emotional burden, it almost inevitably involves complex legal questions, among which one of the most pressing is the division of property.
About the legal nuances and rules for asset distribution, lawyer Lesya Halayko commented for RBC-Ukraine.
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Main points:
- All property acquired during the marriage is, by default, considered joint and is divided 50/50.
- Joint property includes not only real estate and vehicles but also businesses, bank savings, and professional income.
- Personal property remains that which was acquired before the marriage, received as an inheritance, or as a gift.
- Gifted or inherited property can become joint only if it has been significantly improved with joint funds (for example, major repairs).
- Clothing and hygiene products are considered personal items; however, luxury items purchased with joint funds are subject to division.
- Modern judicial practice places the burden of proof on the person who wants to exclude property from the joint list and claim it as personal.
Presumption of joint property
The norm regarding joint property, enshrined in Article 60 of the Family Code of Ukraine, creates a legal presumption: everything acquired during the marriage belongs to both spouses. It simplifies law enforcement and simultaneously protects the economically weaker party, regardless of who actually earned the funds or formalized the purchase.
This property includes:
- real estate acquired during the marriage (apartments, houses, land plots);
- vehicles and other equipment;
- bank accounts and savings;
- business or shares in a business;
- furniture, household appliances, and other movable property;
- income from professional activities earned during the marriage.
Regarding the method of division, the law provides for equality of shares for spouses unless otherwise specified in a marriage contract. Thus, by default, property is divided 50/50, reflecting the basic legal presumption of equality of each spouse’s contributions to the family.
However, the key word here is “presumption.” This means it can be rebutted.
Property that is not divided upon divorce
When it comes to the division of spouses’ property, it is important to remember: not everything owned by the family automatically falls into joint property. The law clearly defines categories of personal property that are not divided after divorce and remain the property of one spouse.
This property includes:
- property acquired before marriage – everything you owned before the marriage registration remains exclusively your property;
- property acquired after the divorce – any acquisitions made after the official divorce do not fall under the joint property regime;
- personal items – these include clothing, shoes, hygiene products, and other daily use items (except for luxury items if purchased with joint funds).
- compensations and reimbursements – funds received by one spouse as compensation for damages (for example, insurance payouts for injuries) remain personal property.
- gifts and inheritances – everything received as a gift or inheritance belongs only to the recipient and is not divided between spouses.
It is important to clarify that gifted or inherited property can enter joint ownership only under certain conditions:
- if it was registered in both spouses’ names;
- or if joint family funds were spent on significant improvements (for example, apartment renovations or vehicle modifications).
Halayko notes that modern judicial practice in Ukraine has definitively moved away from a formal approach to property division. Today, marriage is not only about shared living but also about shared risks. Any property acquired during the marriage is considered joint until proven otherwise. The burden of proof lies with the one claiming “personal private property.”
RBC-Ukraine previously reported that property acquired in a civil marriage can be considered joint property, even without official registration of the relationship. We wrote about how to avoid conflicts during division – particularly through contracts, documenting contributions, or properly formalizing property.
Recall that in Ukraine, in 2025, the number of marriages increased while the number of divorces significantly decreased. According to the Ministry of Justice, there are more than six marriages for every divorce, with the best situation in Kyiv and the western regions.
