A solicitor specialising in property division

Under Article 60 of the Family Code of Ukraine, all property acquired by the spouses during the marriage is joint property — regardless of whose name it is registered in or who earned how much. A wife who has spent ten years running the household and bringing up the children has equal rights to the flat purchased ‘with her husband’s salary’. The law here is surprisingly straightforward. A dispute does not begin with the law, but with the facts. One party claims that the flat was bought with money gifted by her parents. The car is transferred into her brother’s name a week before the claim is filed. The business is suddenly ‘worth nothing; it’s nothing but debts’. Each of these claims is either refuted by evidence or undermines your share — there is no third option. This is precisely why you need a solicitor specialising in the division of property: to record the composition of assets before they start being siphoned off, to gather evidence of the origin of the funds, and to see the case through to a conclusion — either via a notarised agreement, if a settlement is still possible, or through the courts, if not. Svarog has been handling family law cases since 2014; during which time we have handled 55 cases involving the division of marital property.

+38 095 554-54-24 — legal consultation

What is divided and what remains personal

Joint ownership (Articles 60, 61 of the Family Code):

• property — flats, houses, holiday homes, plots of land;
• vehicles — cars, motorbikes, boats;
• bank accounts and savings accumulated during the marriage;
• corporate rights, shares in limited liability companies, sole trader assets;
• valuables — jewellery, electrical goods, works of art.

Separate property that is not subject to division (Article 57 of the Family Code):

• property acquired before marriage;
• received as an inheritance or as a gift — even if during the marriage;
• purchased with personal funds — for example, with money from the sale of a pre-marital flat;
• items for personal use, bonuses and awards for personal merit;
• property acquired after the de facto termination of the marital relationship, even if the marriage has not been formally dissolved.

An important exception. Article 62 of the Family Code allows for personal property to be recognised as joint property if its value has increased significantly as a result of the joint labour or funds of the other spouse. A classic example is a husband’s pre-marital house that has been renovated and extended over ten years using joint funds. In such cases, everything is decided by evidence — receipts, building contracts and bank statements.

When you really need a lawyer

Not in every situation. If the couple own one flat, both agree to split it equally and there are no disputes — a notary is sufficient, and we’ll be honest about this during the consultation. A lawyer specialising in property division is needed when:

• assets are being transferred: a car is ‘sold’ to a relative, a share in a limited liability company is re-registered in a partner’s name, or money is withdrawn from accounts. In such cases, interim relief and the seizure of assets are required even before the first hearing;
• the parties disagree on the origin of the funds. ‘This is a gift from my parents’ versus ‘we took out a loan together’ — this is a matter of evidence, not belief;
• the assets include a business, a sole trader enterprise or corporate rights — the most complex category: valuation, analysis of statutory documents, and often a court-appointed expert assessment. We have examined this in detail in the article ‘Are businesses and sole trader income divided in a divorce?’;
• property is mortgaged or there are joint loans;
• you wish to deviate from equal shares — for example, the children are staying with you;
• the limitation period is expiring — or the other party claims that it has already expired.

Equal shares — and when the court deviates from them

As a general rule (Article 70 of the Family Code), the spouses’ shares are equal. However, this is a presumption, not a dogma. The court may reduce the share of one spouse if that spouse failed to provide for the family’s financial needs, evaded child maintenance, concealed, destroyed or damaged joint property, or spent it to the detriment of the family’s interests. Conversely — increase the share of the spouse with whom the children or an adult son or daughter who is unable to work reside, if child maintenance is insufficient to support them. Both scenarios require evidence: a child maintenance order, certificates of arrears, bank statements, and witness statements. Simply stating that ‘he behaved badly’ will not convince the court — and this is the most common reason why cases brought by individuals on their own are lost.

Loans and mortgages: what not to expect

A common misconception is to think that the court will ‘split the loan in half’. That is not how it works. The bank is not a party to the family dispute: whoever signed the loan agreement remains the debtor to the bank. What works in practice:

• if the loan was taken out in the family’s interests and the funds were used for joint property, the person repaying the debt on their own may claim compensation from the other party for part of the amount paid;
• a mortgaged flat can be divided into shares, but the actual transfer of ownership requires the bank’s consent — we have described the process step by step in the article ‘How to divide a mortgaged flat during a divorce’;
• Obligations incurred by one spouse in their own interests — such as microloans, bets or debts to third parties — do not fall on the other spouse. But this must be proven.

Three years that are easy to miss

A three-year limitation period applies to claims regarding the division of property following the dissolution of marriage (Article 72 of the Family Code). The period is calculated not from the date of divorce, but from the day on which the person became aware, or could have become aware, of the infringement of their rights: your ex-husband sold the joint flat, changed the locks, or stopped letting you into the house. The practical implication is twofold. A divorce that took place eight years ago does not necessarily mean it is too late to bring a claim. Conversely, if you learnt of the sale of the property two years ago and took no action, the time limit is running out. And if the marriage has not been dissolved, the limitation period does not apply at all to claims for the division of property. This is a detail worth checking during a consultation before paying for a property valuation and court fees.

Two options: an agreement or court proceedings

Agreement on the division of property

The quickest and cheapest option. The spouses decide for themselves who gets what — it doesn’t have to be split equally. The procedure is as follows:

1. draw up a list of assets and check the title deeds;
2. if necessary, commission a valuation;
3. draft an agreement on the division of joint property;
4. have it certified by a notary — notarisation is mandatory for property (Article 69 of the Family Code);
5. register the transfer of ownership.

The process takes 1–2 weeks. The main risk is an agreement drawn up using a ‘template from the internet’: such agreements are subsequently challenged, at considerable cost to both parties.

Judicial division

Where to file. A claim for the division of property is filed at the location of the property, not at the defendant’s place of registration. If there are several properties, the claim is filed at the location of the most valuable one (Part 1 of Article 30 of the Code of Civil Procedure of Ukraine). An error regarding jurisdiction will cost you 1–2 months: the court will return the claim. Stages:

1. analysis of the prospects — what evidence is available and what will need to be proven;
2. gathering evidence — extracts from registers, solicitors’ enquiries to banks and registrars, valuation;
3. securing the claim — seizure of assets, prohibition of registration actions if there is a risk of asset stripping;
4. statement of claim and payment of court fees;
5. pre-trial hearing and hearing on the merits, with expert evidence where necessary;
6. judgement, appeal where necessary, registration of ownership rights.

An indivisible item — such as a flat or a car — cannot be split in half: under Article 71 of the Family Code, it is awarded to one spouse with monetary compensation to the other; moreover, the court awards compensation only with the consent of the person concerned and provided that the funds have been deposited in advance into the court’s escrow account. Without funds in the deposit, the strategy of ‘I’ll take the flat and settle up later’ does not work. Timeframes. The Code of Civil Procedure allows the court up to 60 days for preparatory proceedings (Article 189) and 30 days for consideration of the merits (Article 210). In practice, a straightforward case involving a single property takes 4–8 months; a dispute involving valuation, business matters or expert evidence takes 10–18 months. A judgment may be appealed within 30 days (Article 354 of the Code of Civil Procedure).

What risks does someone face if they handle the case themselves?

• Assets can be transferred out in time. Whilst the claim is being prepared, the car is sold and the share in the limited liability company is re-registered. Without a timely application for interim relief, it will take years to recover your assets — through separate claims to have transactions declared invalid.
• ‘Sudden’ debts appear. The opposing party produces a receipt for a large sum, dated during the marriage, to reduce your share.
• An undervalued assessment. An appraiser’s report commissioned by the other party reduces the value of the flat by a third — and your compensation along with it.
• A missed deadline. The defendant’s application to invoke the limitation period — and the court dismisses the case without considering the merits.
• An error regarding jurisdiction or the value of the claim — the claim is dismissed, time is running out, and the other party is taking action in the meantime.

How we work

1. We analyse the history of each property — separating joint property from personal property so as not to waste resources on assets that are not subject to division.
2. We block the withdrawal of assets — applications for interim relief, seizure orders, and prohibitions on registration actions.
3. We uncover hidden assets — through solicitors’ enquiries to banks, government registers and the Unified State Register.
4. We commission a valuation from an independent valuation firm — and verify the reports submitted by the other party.
5. We conduct negotiations — where an out-of-court settlement is more advantageous than two years of litigation, we will state this clearly.
6. We represent you in court and see the case through to the registration of ownership rights or the receipt of compensation.

Cost of services (lawyer specialising in property division)

The price depends on the number of assets, whether the property includes a business, the need for expert assessment, and the conduct of the other party. Payments to the state and third parties are charged separately:

• court fees — 1% of the claim value, but not less than 0.4 and not more than 5 times the minimum subsistence level for able-bodied persons (Law ‘On Court Fees’). In 2026, the minimum subsistence level is 3,328 UAH, so the fee ranges from 1,331.20 to 16,640 UAH. Example: you are dividing up a flat, and your share is valued at 1,500,000 UAH — the fee will be 15,000 UAH. However, for property worth 10 million, you will pay the same maximum fee of 16,640 UAH: the cap of 5 times the minimum subsistence level works in your favour;
• property valuation by a certified valuer;
• notary services — when concluding a property division agreement.

Full price list

Questions and answers (lawyer specialising in property division)

Is it possible to divide property without getting divorced?

Yes. Article 69 of the Family Code permits the division of property regardless of whether the marriage has been dissolved. This is done when one of the spouses is involved in a high-risk business or has debts. Bonus: as long as the marriage has not been dissolved, the limitation period does not apply to claims for the division of property.

How is property divided in a civil partnership?

The property of a man and a woman living together as a family without being married is considered joint property (Article 74 of the Family Code) — provided that neither of them is married to anyone else. The difficulty lies in the fact that the very fact of cohabitation must be proven in court: joint contracts, payments, correspondence, witness statements.

Is a flat registered in the husband’s name subject to division?

Yes. Registration of ownership in the name of one spouse does not make the property personal. What matters is the time and source of acquisition, not the entry in the register.

Can a gifted or inherited flat be divided?

As a general rule, no; it is personal property (Article 57 of the Family Code). An exception is Article 62 of the Family Code: if the value of the property has increased significantly as a result of joint investments (major repairs, extensions), the court may recognise it as joint property or award compensation.

What should you do if your spouse has transferred the property to relatives?

Such transactions can be challenged as fictitious. At the same time, an application for interim relief should be filed — to seize the property and prohibit any registration actions. The sooner you take action, the greater the chances of stopping the transfer of assets.

Which court should you file a claim with?

For property, the court at the location of the property; if there are several properties, the court at the location of the most valuable one (Part 1 of Article 30 of the Code of Civil Procedure).

How much does a solicitor cost for the division of property, and what are the costs of the proceedings themselves?

The fee starts at 25,000 UAH for comprehensive representation in court proceedings. Plus court fees: 1 per cent of the value of the claim; in 2026, this ranges from 1,331.20 to 16,640 UAH. Plus the cost of property valuation. We will calculate the exact amount during a consultation once we have a list of the properties.

How long does a judicial division take?

From 4–8 months for a straightforward case to 10–18 months if there is a dispute over valuation, business matters or expert evidence. An appeal adds a few more months.

Can the division ruling be appealed?

Yes, an appeal must be lodged within 30 days of the ruling being announced (Article 354 of the Code of Civil Procedure); lodging the appeal prevents the ruling from becoming final.

What documents should I bring to the consultation?

Your passport and TIN, marriage certificate or divorce decree, title deeds to property, extracts from registers, loan agreements, and documents proving the source of funds. If any documents are missing, we will obtain some of the extracts ourselves through solicitor’s requests.

Contact a solicitor at Svarog regarding the division of property

Describe your situation during the consultation — we will analyse the documents, distinguish between joint and personal property, and estimate the approximate cost and duration of the case. And we’ll tell you straight away whether it makes sense to go to court or whether it’s more advantageous to reach an agreement: sometimes a settlement drawn up by a notary within two weeks yields more than a year of court proceedings. +38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00