{"id":3028,"date":"2026-06-17T11:35:11","date_gmt":"2026-06-17T08:35:11","guid":{"rendered":"https:\/\/svaroglaw.com\/blog\/podil-majna-pry-rozluchenni-yakshho-ye-dity\/"},"modified":"2026-07-27T11:40:00","modified_gmt":"2026-07-27T08:40:00","slug":"podil-majna-pry-rozluchenni-yakshho-ye-dity","status":"publish","type":"post","link":"https:\/\/svaroglaw.com\/en\/blog\/podil-majna-pry-rozluchenni-yakshho-ye-dity\/","title":{"rendered":"Division of property in a divorce where there are children"},"content":{"rendered":"

Short answer.<\/strong> The presence of children does not in itself alter the shares: property acquired during the marriage is divided equally (Article 60 of the Family Code). Children do not become co-owners of their parents\u2019 property solely by virtue of kinship. However, the court may deviate from the principle of equal shares (Article 70 of the Family Code) \u2014 in particular, in favour of the parent with whom the children live, and only on condition that the amount of maintenance is insufficient for their upbringing and medical care. Property may be divided by a notarised agreement or through the courts.<\/p><\/blockquote>\n

Divorce almost always involves property issues, and when there are children in the family, the situation becomes more complicated. It is necessary not only to determine who will own the property, but also to take the child\u2019s interests into account. There are many myths surrounding this topic \u2014 the most common being that children automatically entitle a parent to a larger share. Let\u2019s look at how it actually works, when the court can actually alter the shares, and what documents are required for this.<\/p>\n

\"Division<\/a><\/p>\n

How is property divided in a divorce if there are children<\/h2>\n

Property acquired during the marriage is the joint property of the spouses, and as a general rule it is divided equally (Article 60 of the Family Code), regardless of whose name it is in or who earned how much. The presence of minor children does not in itself alter this rule. The law allows the court to deviate from the principle of equal shares, but only where there are substantial, proven grounds, and not merely because of the fact that the couple lived together with the children.<\/p>\n

What is considered joint marital property<\/h3>\n

Joint marital property includes a flat or house acquired during the marriage, land plots, cars, bank deposits, valuable movable property, corporate rights and shares in a business, as well as income received during the marriage. Property that belonged to one of the spouses prior to the registration of the marriage, as well as property received by inheritance or under a gift agreement, is not subject to division (Article 57 of the Family Code).<\/p>\n

Do children have a right to their parents\u2019 property?<\/h3>\n

It is a common misconception to believe that a child automatically receives a share of the property upon divorce. This is not the case: the spouses\u2019 property belongs to the parents, and children do not become co-owners simply by virtue of kinship. A special case is property specifically purchased or registered in the child\u2019s name (for example, a home bought for them): this is not included in the estate to be divided between the spouses and remains with the child. At the same time, the court always takes the children\u2019s interests into account \u2014 first and foremost, their right to housing.<\/p>\n

When the court may deviate from equal shares<\/h2>\n

This is the most important part, where initial expectations most often do not align with practice. Under Parts 2 and 3 of Article 70 of the Family Code, the court may deviate from equal shares in circumstances of significant importance. The Supreme Court has outlined specific grounds in its case law:<\/p>\n