Division of marital property

As a general rule, property acquired during a marriage is the joint property of the spouses. But the line between joint and personal property, the size of the shares and the limitation period are questions decided by the detail and the evidence.

When to get in touch

• you are preparing for divorce and need the property position recorded
• property was left undivided after the divorce
• there is a dispute over what counts as joint and what as personal
• the other spouse is concealing or disposing of property

What the lawyer does

• compiles the list of property and the evidence of how it was acquired
• draws the line between joint property and personal private property (Article 57 of the Family Code)
• prepares the claim for division, or the agreement on division
• argues for a departure from equal shares where there are grounds for it
• applies for interim measures over assets at risk
• handles enforcement of the judgment

What is divided and what is not

• Property acquired during the marriage belongs to the spouses as joint property, even if one of them had no income of their own for a valid reason (studies, running the household, caring for children, illness) (part 1 of Article 60 of the Family Code). Every item acquired during the marriage, other than items for individual use, is presumed to be joint (part 2 of Article 60). The spouses may agree in a prenuptial agreement that this rule will not apply to property acquired during the marriage (part 2 of Article 97) – more on the page “Prenuptial agreement”.
• Salary, pension, stipend and other income of either spouse are also joint (part 2 of Article 61 of the Family Code), as are professional tools acquired during the marriage (part 4 of Article 61).
• Personal private property is not divided: property acquired before the marriage; property received as a gift or by inheritance; property acquired with money belonging to one spouse personally; housing privatised under the Law of Ukraine “On Privatisation of the State Housing Stock” and a land plot acquired through privatisation (part 1 of Article 57 of the Family Code); items for individual use, including jewellery (part 2 of Article 57).
• The court may recognise as personal property what was acquired while the spouses lived apart after their marital relationship had in fact ended (part 6 of Article 57 of the Family Code). Where both joint money and one spouse’s own money were invested in an acquisition, the share corresponding to that spouse’s contribution is their personal property (part 7 of Article 57).

How property is divided: agreement or court

• By agreement. The spouses may divide property by mutual consent; an agreement on dividing a residential house, apartment or other real estate must be certified by a notary (part 2 of Article 69 of the Family Code).
• Through the court. If there is no agreement, the court resolves the dispute, taking into account the interests of each spouse, the children and other significant circumstances (part 1 of Article 71 of the Family Code).
• Shares are equal as a general rule, unless otherwise agreed between the spouses or provided by a prenuptial agreement (part 1 of Article 70 of the Family Code). The court may depart from equal shares if one spouse did not provide for the family, evaded contributing to the maintenance of the child, concealed, destroyed or damaged joint property, or spent it against the family’s interests (part 2 of Article 70). The court may increase the share of the spouse the children live with if the child support they receive is insufficient for the children’s development and medical treatment (part 3 of Article 70).
• Items that cannot be divided are awarded to one spouse unless the spouses agree otherwise (part 2 of Article 71 of the Family Code). Financial compensation instead of a share in a house, apartment or land plot is awarded only with the consent of the spouse receiving it, except as provided by the Civil Code of Ukraine, and only after the other spouse has paid the corresponding sum into the court’s deposit account (parts 4 and 5 of Article 71).

Court fee and protecting property from sale

• The court fee for a claim for division of property on divorce is 1% of the value of the claim, but no less than 0.4 and no more than 3 subsistence minimums for able-bodied persons (Article 4 of the Law of Ukraine “On Court Fee”), that is, in 2026 between UAH 1,331.20 and UAH 9,984 (the subsistence minimum is UAH 3,328, Article 7 of the Law of Ukraine “On the State Budget of Ukraine for 2026”). If the claim is filed electronically, a coefficient of 0.8 applies (part 3 of Article 4 of the Law of Ukraine “On Court Fee”).
• Agreements concerning high-value property require the other spouse’s written consent, and agreements that require notarial certification or state registration require consent certified by a notary (part 3 of Article 65 of the Family Code). An agreement made without consent can be challenged in court if it goes beyond minor household matters (part 2 of Article 65).
• To prevent property from being sold before the court decides, you can apply for interim measures – see our article on securing a claim.
• We agree our fee in writing before work begins – see Fees and payment.

Legal basis

Each spouse’s personal private property is governed by Chapter 7 of the Family Code of Ukraine (the list is in Article 57), and the spouses’ joint property and its division by Chapter 8: the right to divide property, including during the marriage, in Article 69, and equal shares with the court’s power to depart from them in Article 70. While the marriage has not been dissolved, no limitation period applies to a claim for division; a claim brought after dissolution of the marriage is subject to a three-year limitation period running from the day the co-owner learned or could have learned of the infringement of their property right (Article 72).

Legislation and case law are updated over time; this page reflects the position as of November 2026.

Frequently asked questions

Is gifted or inherited property divided?

No. Property acquired by gift or by inheritance is personal private property (Article 57 of the Family Code).

Can property be divided without divorcing?

Yes. The right to divide joint property exists during the marriage as well (Article 69 of the Family Code) – by agreement or through the court.

Is one spouse’s salary joint property?

Yes. Salary, pension, stipend and other income received by either spouse are joint property (part 2 of Article 61 of the Family Code).

What if my spouse sold joint property without my consent?

You can bring a claim in court to have the agreement declared invalid if it goes beyond minor household matters (part 2 of Article 65 of the Family Code). For an agreement that requires notarial certification or state registration, the other spouse’s consent must be certified by a notary (part 3 of Article 65).

How much does a claim for division of property cost?

The court fee for a claim for division of property on divorce is 1% of the value of the claim, in 2026 no less than UAH 1,331.20 and no more than UAH 9,984 (Article 4 of the Law of Ukraine “On Court Fee”). We agree the lawyer’s fee in writing before work begins.

Need legal assistance? Call us or leave a request – a lawyer will contact you and go through your situation with care.