{"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":"2026-09-15T02:37:42","modified_gmt":"2026-09-14T23:37:42","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 on divorce in 2026: when property stays personal"},"content":{"rendered":"

The short answer.<\/strong> As a rule an inheritance is not divided: property received by inheritance is the personal private property of the spouse who inherited it \u2014 even where the inheritance was accepted during the marriage (Art. 57 of the Family Code). Marriage alone gives the other spouse no right to it. There is one exception: where during the marriage the value of the inherited property rose substantially thanks to joint funds or the other spouse\u2019s labour (major repairs, reconstruction), they may claim a share or compensation (Art. 62).<\/p><\/blockquote>\n

Article 57 of the Family Code treats inherited property as one spouse\u2019s personal private property, and that rule has no exception for how long the marriage lasted or for living together in the inherited flat. A dispute arises only where joint funds went into the property: Article 62 then comes into play, and the case turns on the valuer\u2019s report and the receipts for the building work.<\/p>\n

Two conflicts recur in practice. The first: a former husband or wife demands half the inherited flat simply because they lived in it for ten years. The second, harder one: during the marriage the inherited house was extended, and now it has to be worked out how much the value rose and whose doing that was. Both situations are set out below, along with the deadlines, the costs and the evidence that works in court.<\/p>\n

The general rule: an inheritance is not joint property<\/h2>\n

Article 57 of the Family Code treats as one spouse\u2019s personal private property whatever they received by inheritance or by deed of gift, and whatever they acquired before the marriage or with their own money. So a flat, a house, a plot of land or any other property inherited by one spouse (under a will or on intestacy) is not divided on divorce. The other spouse does not acquire ownership of it merely by being married.<\/p>\n

The date the papers were issued makes no difference. Under part 5 of Article 1268 of the Civil Code an inheritance belongs to the heir from the time it opens, that is from the day of the deceased\u2019s death, regardless of when they accepted it and when the certificate was issued. So if a father died a year before the wedding and the certificate of the right to inherit was issued during the marriage, the property is still personal.<\/p>\n

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

The exception: when an inheritance can become joint<\/h2>\n

The main exception is in Article 62. Where one spouse\u2019s personal property rose substantially in value during the marriage as a result of joint labour or money, or of the other spouse\u2019s expenditure, the court may recognise it as joint common property \u2014 in whole or in part. The Supreme Court has consistently stressed that joint ownership does not arise automatically, but only over the part whose value rose substantially through the joint contribution.<\/p>\n

In practice such disputes arise from:<\/p>\n