A solicitor specialising in property division

Under Article 60 of the Family Code, all property acquired by the spouses during the marriage is considered joint property — regardless of whose name it is registered in or who earned what. The spouse who ran the household or looked after the children has equal rights to a flat bought ‘with the husband’s salary’. On paper, it’s all straightforward. The dispute begins when one party claims that the flat was bought with money gifted by the parents, the car is transferred into a brother’s name a week before the claim is filed, and the business is ‘worth nothing – it’s nothing but debts’. It is at this stage that a lawyer specialising in the division of property is needed: to establish the composition of the assets, prove the source of the funds and prevent the other party from removing assets from the division. Our task is to establish the composition of the joint property, gather evidence of the origin of the funds and bring the matter to a conclusion: either through a notarised agreement, if an amicable settlement is still possible, or through the courts if not. Svarog has been handling family law cases since 2014; during this time, we have handled 55 cases concerning the division of marital property.

+38 095 554-54-24 — legal consultation

What is divided and what remains personal

Joint property (Articles 60 and 61 of the Family Code):

• property — flats, houses, holiday homes, land plots;
• vehicles — cars, motorbikes, boats;
• bank accounts and savings accumulated during the marriage;
• corporate rights, shares in limited liability companies, property of sole traders;
• valuables — jewellery, electrical goods, works of art. Personal private property which is NOT subject to division (Article 57 of the Family Code):
• property acquired before marriage;
• property received by inheritance or as a gift — even if acquired during the marriage;
• property 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 financial contributions of the other spouse. A classic example: a husband’s pre-marital house, which was 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 solicitor

Not in every situation. If the couple have one flat, both agree to split it equally and there are no disputes — a notary is sufficient. A solicitor is needed when:

• assets are being transferred out. A car has been ‘sold’ to a relative, a share in a limited liability company has been transferred to a partner, or money has been withdrawn from accounts. In such cases, a provisional order and seizure of assets are required even before the first court hearing;
• the parties disagree on the origin of the funds. ‘This is a gift from my parents’ versus ‘we took out a loan together’ — it is a matter of evidence, not belief;
• if the assets include a business, a sole trader’s enterprise or corporate rights — this is the most complex category: valuation, analysis of statutory documents, and often a court-appointed expert assessment;
• the assets are mortgaged or there are joint loans;
• you wish to deviate from equal shares — for example, the children are staying with you;
• the claim has been omitted or the limitation period has 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. The court may increase the share of the spouse with whom the children or an adult son or daughter who is unable to work reside. Both scenarios require evidence: maintenance orders, certificates of debt, bank statements, and witness statements. Simply stating that ‘he behaved badly’ is not enough to convince the court — and this is the most common reason why people lose cases they have brought themselves.

Loans and mortgages: what not to expect

A common misconception is to think that the court will ‘split the loan down the middle’. This 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 for the proportion they have paid;
• a mortgaged flat can be divided into shares, but the actual transfer of ownership requires the bank’s consent;
• obligations incurred by one spouse in their own interests (microloans, bets, 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 for the division of property following the dissolution of marriage (Article 72 of the Family Code). However, the period does not start 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 right — for example, when your ex-husband sold the joint flat or stopped letting you into the house. The practical implication is that a divorce eight years ago does not mean it is too late to bring a claim. Conversely, if you found out about the sale of the property two years ago and did nothing, the time limit is running out. 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 does not necessarily have to be divided equally.

1. we draw up a list of assets and check the title deeds;
2. if necessary, we commission a valuation;
3. draft an agreement on the division of joint property;
4. have it notarised — notarisation is mandatory for property (Article 69 of the Family Code);
5. we register the transfer of ownership. This takes 1–2 weeks. The main risk is an agreement drawn up using a ‘template from the internet’: such agreements are subsequently successfully challenged.

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). A mistake 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 property, 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 title. 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; however, the court may only order such compensation 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 pay later’ does not work. Time limits. 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 asset 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 are the risks for someone handling the case themselves

• Assets are transferred out in time. Whilst the claim is being prepared, the car is sold and shares in a limited liability company are transferred. Without a timely application for interim relief, it will take years to recover the assets — and this will require separate claims to have the 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.
• Missed deadline. The defendant claims the statute of limitations applies — and the court dismisses the case without considering the merits.
• An error regarding jurisdiction or the value of the claim — the claim is returned, and time is running out.

How we work

1. We analyse the history of each property — separating joint property from personal property so as not to divide what need not be divided.
2. We freeze the disposal of assets — applications for interim relief, seizure orders, and prohibitions on registration actions.
3. We uncover hidden assets — through solicitors’ enquiries to banks, registers, the Civil Registry Office, and the Unified State Register.
4. We commission a valuation from an independent valuation firm.
5. We conduct negotiations — where an out-of-court settlement is more advantageous than two years in court, 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 (A solicitor specialising in property division)

• 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 (as this is a property dispute, the amount depends on the valuation);
• property valuation by a certified valuer;
• notary services — when concluding a property division agreement. Full price list

Questions and answers

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.

How is property divided in a civil partnership?

The property of a man and a woman living 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 and witness statements.

Can a flat registered in the husband’s name be divided?

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. The exception is Article 62 of the Family Code: if the value of the property has increased significantly due to 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 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 your claim with?

With regard to property — the court where the property is situated; if there are several properties — the court where the most valuable one is situated (Article 30(1) of the Code of Civil Procedure).

How much does a judicial division of property cost?

Lawyer’s fees (from 25,000 UAH for comprehensive representation) + court fees of 1 per cent of the claim value within the limits set by law + property valuation. We will calculate the exact amount during a consultation.

How long does a judicial division of property take?

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

Can a division order be appealed?

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

What documents should I bring to the consultation?

Your passport and Tax Identification Number (TIN), marriage certificate or divorce decree, title deeds to property, extracts from registers, loan agreements, and documents proving the source of funds.

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, Office 2 (Podil) · Mon–Fri 9.00–18.00