How is property divided following a divorce?

Short answer. All property acquired during the marriage is considered joint property and, by default, is divided equally — regardless of whose name it is registered in or who earned what (Articles 60 and 70 of the Family Code). Property acquired before marriage, as well as inheritances and gifts received even during the marriage, are not subject to division (Article 57 of the Family Code). Property can be divided by a notarised agreement or through the courts. The main thing is not to delay: following a divorce, there is a three-year limitation period.

Divorce almost always involves property issues. A flat, a car, loans, a business — all of these need to be divided or compensation agreed upon. The law is based on the principle of joint ownership, but every situation has its nuances: it is important to understand what exactly is subject to division, what remains personal property, and how to proceed so as not to lose what is yours due to missing the deadline.

 

What constitutes joint marital property

Under Article 60 of the Family Code, everything acquired during the marriage is considered joint property, regardless of which spouse is named as the owner:

• salaries and other income of both spouses;
• a flat, house or plot of land;
• a car and other movable property;
• a business or share in a company acquired during the marriage;
• savings and bank deposits.

Key principle: it does not matter who earned more. Even if one spouse did not have an independent income for a valid reason (caring for children, running the household), their contribution is deemed equal, and their shares are equal (Article 70 of the Family Code).

What property is not divided

Personal private property (Article 57 of the Family Code), which remains with one of the spouses, includes:

• property acquired before the marriage was registered;
• property received by inheritance or as a gift — even during the marriage;
• items for personal use;
• funds received as compensation for damage to health;
• targeted financial assistance.

 

 

Is property always divided equally?

Equal shares are the default rule, but not an absolute one. Under Parts 2 and 3 of Article 70 of the Family Code, the court may deviate from the principle of equality and increase the share of one of the spouses in circumstances of significant importance. For example, if the other spouse failed to provide for the family financially, evaded child maintenance, concealed or destroyed joint property, or spent it to the detriment of the family’s interests. The share may also be increased in favour of the spouse with whom the children live if the child maintenance is insufficient. Therefore, a ‘50-50’ split is a typical but not guaranteed outcome: much depends on the evidence and the positions of the parties.

Is a flat purchased before marriage subject to division?

No. A flat purchased before the marriage was registered is the personal property of the person who bought it and is not subject to division. However, there is an important exception under Article 62 of the Family Code: if, during the marriage, the value of such a property has increased significantly thanks to the joint funds or labour of the other spouse (major repairs, renovation, extension), the court may recognise their right to compensation or even to a share. This usually involves reimbursement of the funds invested, rather than an automatic 50 per cent share.

How to divide a car

It is impossible to physically divide a car, so in practice one of two options is used. The first is to sell the car and divide the proceeds; this is the simplest approach, which minimises conflict. The second is to leave the car with one spouse and pay the other monetary compensation, the amount of which is determined by an independent valuation.

Is a business divided in a divorce?

A business is subject to division if it was established or acquired during the marriage — this includes a share in the company, corporate rights and profits earned. To determine the share, a valuation is carried out taking into account assets, liabilities, profitability and market value. There is an important nuance here from case law: property and funds belonging to a limited liability company (LLC) are the property of the company itself, not the spouses; therefore, the division of a business is rarely equal and almost always requires a separate legal strategy.

How is a loan divided after a divorce?

Loans taken out during the marriage for family needs may be recognised as joint debts of the spouses — this applies to mortgages, consumer loans and loans for family needs. If a loan is taken out in one person’s name, the court will determine whether the funds were used in the family’s interests and whether the other spouse benefited from them. Debts are divided in the same proportion as property acquired with those funds.

How long do you have to divide the property: the limitation period

This is the most important and often underestimated point. Under Article 72 of the Family Code, two different rules apply:

• Whilst the marriage remains intact — the limitation period does not apply. Joint property can be divided at any time.
• After the marriage has been dissolved — the limitation period is three years.

And here lies the pitfall: these three years are counted not from the date of the divorce, but from the day on which the person became aware, or could have become aware, of the infringement of their right. For example, if your ex-husband sold the joint flat without your consent five years after the divorce, the limitation period will begin to run from the moment you became aware of this. Therefore, a case that appears to be time-barred at first glance often still has a chance of success in court — but relying on this is risky, and you should not delay.

How to divide property without going to court

If there is no dispute between the spouses, the property can be divided voluntarily by entering into a property division agreement. This agreement sets out who owns what, the amount of compensation and the procedure for transferring the property. For such an agreement to be legally binding and to apply to property, it must be notarised (Article 69 of the Family Code). This is the cheapest and quickest route, which also reduces the risk of future disputes.

Division through the courts: where to apply and how much it costs

If an agreement cannot be reached, a claim for the division of property is filed. A claim concerning property is filed at the location of the property. The court fee amounts to 1 per cent of the value of the claim (i.e. the value of the share claimed by the claimant), but not less than 0.4 and not more than 3 times the minimum subsistence level for able-bodied persons. In 2026, this means a range of approximately 1,331.20 UAH to 9,984 UAH. Documents confirming ownership and the value of the property must be attached to the claim.

How to prepare for the division of property

The success of the case is determined at the preparation stage. It is advisable to gather documents confirming ownership, have the property valued, check any credit obligations and clearly define what is joint and what is separate. A well-thought-out position and a complete set of evidence will help you avoid delays and protect your share.

Questions and answers

How is property divided after a divorce?

Joint property acquired during the marriage is, by default, divided equally — either by mutual agreement or by a court order. In certain cases, the court may deviate from an equal division.

Is a flat purchased before marriage divided?

No, it is personal property. However, if the value of the property has increased significantly using joint funds (for repairs or renovation), the other spouse may claim compensation.

How long do you have to divide property after a divorce?

Three years, but this period is calculated not from the date of the divorce, but from the date on which the person became aware of the infringement of their rights.

Is property inherited or received as a gift divided?

No, this is personal property, unless it has been substantially improved using the spouses’ joint funds.

How is a business divided in a divorce?

If the business was established during the marriage, the share or corporate rights are divided following a valuation. The assets of the limited liability company itself belong to the company, not to the spouses, so the division is rarely equal.

Is a loan divided following a divorce?

Yes, if the loan was taken out for family needs. The court assesses whether the funds were used in the family’s interests.

Is it possible to divide property without going to court?

Yes, through a property division agreement, which must be notarised.

How much does it cost to file a claim for the division of property?

The court fee is 1 per cent of the value of the claim, ranging from 1,331.20 to 9,984 UAH in 2026.

Sources

• Family Code of Ukraine, Articles 57, 60, 61, 62, 69, 70, 72 — zakon.rada.gov.ua
• Law of Ukraine ‘On Court Fees’ — 1 per cent of the value of the claim, ranging from 0.4 to 3 times the minimum subsistence level
• Reviews of the Supreme Court’s case law on the division of marital property (deviation from equal shares)

Division of property with the lawyers at ‘Svarog’

The division of property is one of the most contentious aspects of a divorce, where the cost of a mistake is measured in flats and businesses. The lawyers at ‘Svarog’ will assess the prospects of your case, gather evidence, prepare an agreement or a claim, and defend your financial interests in court. This is particularly important where there is property, a business, debts, or where a former partner is attempting to conceal or transfer assets. For more details, see the page on property division and the section on family law.

Telephone: +38 095 554-54-24, +38 096 554-54-25. Kyiv, 7 Khoriva Street, Office 2 (Podil). Mon–Fri, 9.00–18.00.