{"id":3159,"date":"2026-06-19T12:47:17","date_gmt":"2026-06-19T09:47:17","guid":{"rendered":"https:\/\/svaroglaw.com\/blog\/chy-dilytsya-spadshhyna-pry-rozluchenni\/"},"modified":"2026-07-27T11:27:09","modified_gmt":"2026-07-27T08:27:09","slug":"chy-dilytsya-spadshhyna-pry-rozluchenni","status":"publish","type":"post","link":"https:\/\/svaroglaw.com\/en\/blog\/chy-dilytsya-spadshhyna-pry-rozluchenni\/","title":{"rendered":"Is an inheritance divided in the event of a divorce?"},"content":{"rendered":"

Short answer.<\/strong> As a general rule, an inheritance is not divided: property received by inheritance is the personal private property of the spouse who inherited it \u2014 even if the inheritance was accepted during the marriage (Article 57 of the Family Code). The mere fact of marriage does not give the other spouse a right to this property. There is one exception: if, during the marriage, the value of the inherited property has increased significantly as a result of the joint funds or labour of the other spouse (major repairs, renovation), they may claim a share or compensation (Article 62 of the Family Code).<\/p><\/blockquote>\n

During a divorce, the division of property becomes one of the most contentious issues. If the assets include anything inherited, uncertainty arises: some people believe that, in a divorce, everything is divided equally. This is not the case. The law clearly distinguishes between the spouses\u2019 joint property and each spouse\u2019s separate property, and an inheritance falls into the latter category. However, even here disputes may arise \u2014 particularly where the property has been altered or family funds have been invested in it. Let us examine when an inheritance is protected and when it becomes subject to division.<\/p>\n

General rule: an inheritance is not part of the joint property<\/h2>\n

Article 57 of the Family Code classifies as the personal private property of one spouse any property that they have received by inheritance or under a deed of gift, as well as any property acquired before marriage or using their own funds. This means that a flat, house, plot of land or other property inherited by one spouse \u2014 whether by will or by operation of law \u2014 is not subject to division in the event of divorce. The other spouse does not acquire ownership of it simply by virtue of being married.<\/p>\n

The logic is simple: an inheritance passes to a specific individual as the heir, not to the spouses jointly. Therefore, by default, inherited property remains with the person who received it, regardless of the duration of the marriage.<\/p>\n

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Exception: when an inheritance may become joint property<\/h2>\n

The main exception is set out in Article 62 of the Family Code. If the value of one spouse\u2019s personal property has increased significantly during the marriage as a result of joint labour or financial contributions, or contributions by the other spouse, the court may recognise that property as joint property \u2014 in whole or in part. The Supreme Court has consistently emphasised that joint ownership does not arise automatically, but only in respect of that portion which has increased significantly in value as a result of joint contributions.<\/p>\n

In practice, the grounds for such a dispute include:<\/p>\n