Publication date: 10.05.2024
Lawyer
Divorce often involves complex decisions, such as the division of property in a divorce. Division of joint property of spouses - property acquired during marriage.
How is property divided after a divorce? In Ukraine, the division of property upon divorce is regulated by Article 69 of the Family Code of Ukraine. This article provides an overview of the main principles by which marital property is divided after a divorce, if it is clarified what is joint joint property, how property is divided and which assets are not subject to division.
## Understanding joint co-ownership
Joint property is a key concept in the division of property in divorce. It represents the joint ownership of property between spouses, where their shares are not divided. This means that each spouse has equal rights to own, use and dispose of property.
### What is joint co-ownership?
Shared co-ownership usually includes:
- **Property acquired during marriage**: regardless of whether one of the spouses had no independent earnings or income due to valid reasons such as studies, housekeeping, childcare or illness.
- **Income received by each spouse**: This includes salaries, pensions, scholarships and other forms of income.
- **Things purchased for professional activities**: for example, musical instruments, medical equipment or office equipment.
The division of joint property can be carried out voluntarily by mutual consent of the spouses or through the court in the event of a dispute.
## Division of joint property (distribution of property between spouses).
Spouses have the right to divide joint property by mutual consent or by court order. Here's how the process works:
### Mutual agreement
Spouses can divide property by mutual agreement. If the property includes residential buildings, apartments or other real estate, the contract must be notarized to be legally binding.
### Division through court
If the spouses cannot agree on how to divide the property, they can go to court. The court will consider various factors, including the nature of the property, the contributions of each spouse and other relevant circumstances. ( division of property of spouses after divorce )
## What property is not subject to division? how property is divided after divorce ?
Certain types of property are considered personal private property and are not subject to division upon divorce. They include:
- **Property acquired before marriage**: assets owned by a spouse before marriage. ( division of common property of spouses )
- **Gifts and Inheritance**: property acquired by one of the spouses by gift or inheritance.
- **Items of personal use**: This includes jewelry and other personal items, even if purchased with joint funds.
- **Property purchased with personal funds**: if one of the spouses used their own funds to purchase the property, it is considered private. ( division of property after divorce )
- **Property acquired during separate residence**: property acquired during the period when the spouses lived separately as a result of the actual termination of marital relations. ( distribution of property between spouses )
In addition, certain monetary assets, such as bonuses, personal merit awards, insurance payments, and compensation for lost or damaged property, are considered personal private property and cannot be divided. ( division of property property )
## Final thoughts
division of property of spouses after divorce during divorce between spouses during divorce can be complicated, especially if spouses disagree about what constitutes community property and what constitutes personal private property (division of property of spouses after divorce ). Understanding the principles set forth in Article 69 ( division of property during divorce ) of the Family Code of Ukraine is crucial for navigating such a process as the division of property between spouses. If you are divorcing and need to divide assets, we recommend that you consult a lawyer to make sure that your rights are protected and that the division process is done fairly.
