Legal Assistance in Dividing the Spouses’ Shared Property

Description

What is considered the shared property of spouses

Shared joint property of spouses is the key legal regime under which all property acquired during the marriage is considered the property of both partners. Such property includes apartments, cars, bank deposits, a business, and other assets purchased during the marriage, regardless of whose name they are registered in.

This rule is established in Article 60 of the Family Code of Ukraine and serves as the basis for the subsequent division of assets. However, it is important to understand that not all property is subject to division. For example, if you are planning divorce through the court, the issue of ownership will become one of the key matters.

Personal private property is not divided. This includes property that one of the spouses received before the marriage, by inheritance, as a gift, or that was privatized. This also applies to items of individual use, according to Article 57 of the Family Code of Ukraine.

To accurately determine which property is shared and which is personal, and to avoid mistakes, seek a consultation with the specialists of the YURKONSALT Law Firm at our offices in Kyiv or Zaporizhzhia.

A contract for the division of property — a peaceful solution to the dispute

Pre-trial settlement by concluding a contract for the division of property is the fastest and least costly way to resolve a property dispute. This document allows spouses to independently determine who will receive which portion of the assets, moving away from the standard presumption of equal shares.

This division by agreement is especially relevant when it comes to real estate. According to Article 69 of the Family Code of Ukraine, a contract regarding real estate must be notarized by a notary. Often, this process is part of an integrated service, such as assistance from a divorce lawyer.

YURKONSALT lawyers will help conduct negotiations, prepare a draft agreement that takes into account the interests of both parties, and ensure its notarization. We work throughout Ukraine to provide a peaceful and fair result for you.

Judicial procedure for dividing shared ownership

If it was not possible to reach an agreement peacefully, the division of spouses’ shared property takes place through the court. The process begins with preparing and filing a statement of claim for division of property with the court at the location of the defendant or the property.

The claimant must pay court fees, the amount of which depends on the value of the disputed assets. An important stage is collecting the evidentiary base to confirm ownership rights and the origin of the property. Our lawyers can also initiate the imposition of an arrest on assets to prevent their sale before a court decision is issued.

Stages of the court process include:

• Preparing and filing the statement of claim.
• Collecting evidence and engaging experts to assess the property.
• Participation in court hearings to protect your interests.
• Obtaining the court decision and monitoring its enforcement.

The court process is governed by Articles 70–72 of the Family Code of Ukraine. YURKONSALT lawyers will ensure full legal support, from drafting the claim to appealing the decision if necessary. We have extensive experience handling similar cases, which you can review on our winning cases page.

Stages of legal support for property division

The property division process requires professional legal support, consisting of several key stages. Each of them affects the final outcome of the case and the protection of your property interests.

Our legal services include:

• Initial legal consultation: analyzing your situation, determining the list of shared and personal property, and developing a strategy.
• Document preparation: drafting a contract for the division of property for peaceful settlement or preparing a substantiated statement of claim for court.
• Representation in court: defending your position at all court hearings, working with witnesses and experts.
• Support of enforcement proceedings: monitoring the enforcement of the court decision after it enters into legal force.

Our lawyers can also help with related matters, such as collecting алиmenеnt, which is often an integral part of family disputes. To get an individual strategy, contact our offices in Kyiv or Zaporizhzhia for a consultation. More information about resolving family disputes can be found in our articles—for example, about how divorce online takes place.

Why YURKONSALT is your reliable partner

YURKONSALT Law Firm is a team of experienced lawyers specializing in family disputes, including cases involving division of spouses’ shared property. Our 10+ years of experience allows us to develop effective legal strategies to protect your interests.

We work throughout Ukraine, having offices in Kyiv and Zaporizhzhia, which allows us to be closer to clients. Each case is unique for us, and we guarantee full confidentiality and an individual approach. If you are facing the need for termination of parental rights, we are also ready to provide qualified assistance.

Don’t put off resolving important matters. Contact us for a chat or phone consultation 24/7, and our specialists will help you find the best way forward in your situation. Trust your family disputes to professionals who care about your outcome.

Читати на: мові