What property can a partner not claim?
In Ukraine, spouses have the right to divide their joint property without dissolving the marriage. According to the Family Code, a husband and wife can do this either by mutual consent or through the court.
This was reported by RBC-Ukraine, citing an explanation from the Ministry of Justice.
Also read: Divorce and money: a lawyer named the property that cannot be divided upon divorce
Main points:
- Right to division: A husband and wife can divide their joint property at any time without ending the marriage.
- Two methods: This can be done voluntarily (through a notarized agreement) or through the court if no agreement is reached.
- Joint property: Property acquired during the marriage is divided. Personal belongings, inheritances, and gifts remain the property of the person who received them.
- Equality of shares: By law, the shares of spouses are equal; however, the court can alter this balance in the interest of children or due to the misconduct of one partner.
- Limitation period: The limitation period does not apply to claims for the division of property in an official marriage.
Ways to divide property
Legislation provides for two main ways to resolve this issue:
- Contractual (voluntary). Spouses enter into an agreement. If real estate (house, apartment, etc.) is being divided, the document must be notarized.
- Judicial. If no agreement is reached, the dispute is resolved by the court, taking into account the interests of the wife, husband, children, and other significant circumstances.
What is subject to division and what is not
Joint property includes all assets acquired during the marriage, even if one partner did not earn income for valid reasons (education, childcare, illness).
However, personal private property is not divided: property received as a gift, inherited, or acquired with the personal funds of one spouse.
Size of shares and monetary compensation
By default, property shares are equal. The court may deviate from this principle if one spouse did not care for the family, concealed, or destroyed property.
Additionally, a share may be increased if children or disabled adult sons or daughters live with the father or mother.
If property cannot be divided in kind and monetary compensation is not provided, the court may leave the property in joint ownership without actual division.
Also read about whether a partner can claim the income of the other partner from individual entrepreneurship during divorce – an explanation from a lawyer.
Previously, we wrote about the time limits for property division during divorce and why it is important not to delay.
