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

Legal basis

Spouses’ joint property rights and the division of property are governed by Chapter 8 of the Family Code of Ukraine: the list of personal private property in Article 57, the right to divide property including during the marriage in Article 69, and the presumption of equal shares with the court’s power to depart from it in Article 70. Claims for division of property after dissolution of the marriage are subject to a three-year limitation period running from the day the co-owner learned of the infringement of their right (Article 72).

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

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