Ukraine: Property Separation In Ukraine

Last Updated: 22 November 2012
Article by Alex Frishberg

The main law of Ukraine which settles the property rights and duties of spouses is the Family Code of Ukraine, effective as of 1 January, 2004. 

PERSONAL PROPERTY

The law stipulates the following to be "personal private property" of spouses:

  • property acquired by a husband/wife before marriage;
  • property acquired by a husband/wife in marriage as gift or heritage;
  • property acquired by a husband/wife in marriage with money owned by him or her personally;
  • property of personal use including objects purchased with joint money of spouses;
  • awards, prizes gained for personal achievements. However court can adjudge a right of the other spouse for a part of this award if he/she somehow contributed to it (by housekeeping, upbringing children, etc.)
  • means, which he/she got as compensation for damage of the personal property;
  • insurance money obtained as a result of mandatory or voluntary personal insurance;
  • property purchased during separation of spouses due to termination of their relationship;
  • part of the property purchased by spouses with their joint money and also with personal money of one of spouses in proportion to the amount of spent personal money.

JOINT PROPERTY

Under Ukrainian law, property acquired by spouses during their marriage is an object of joint ownership, irrespective of personal income and occupation of spouses during their marriage (studies, housekeeping, taking care of children, illness, etc. Even property for professional occupation (musical instruments, planning, medical equipment etc.), purchased during marriage for one of the spouses is considered to be joint property.

If personal property of one spouse was significantly incresed in value as a result of joint work, finance or due to another spouse during their marriage, this property can be adjudged in court to be an object of joint ownership.

RIGHTS OF SPOUSES

Spouses have equal rights to possess, use and dispose of (alienate) property owned by his or her family if there is no separate agreement between them to the contrary. The law gives a husband and a wife a right to conclude all types of contracts between them, which are otherwise not prohibited by law concerning his/her personal property and their joint property.

Spouses may dispose of joint property only by mutual consent. In other words, one of spouses has the right to conclude a contract only with a prior written consent of the other spouse. If a contract is concluded without agreement of the other spouse, it can be deemed invalid by court. Any contract that requires a state notary certification, or a contract concerning valuable property, can be concluded by one spouse only if the other spouse gives his/her agreement in written form. This agreement must be certified by the notary. Importantly, a contract concluded by one spouse in the interests of family creates legal obligations for the other spouse.

Spouses have the right to come to an agreement about use of joint property. A husband/a wife has the right to conclude a contract of sale and purchase, exchange, gift, pledge only after his/her part of joint property has been determined and apportioned or after the order of use of this property has been determined. A wife/husband can execute his/her will to include her/his part of joint property before it has been determined and apportioned.

Divorce does not cancel the right for joint ownership of property purchased during marriage. After divorce, the disposal of joint property is executed by joint owners exclusively by mutual agreement in accordance with the Civil Code of Ukraine.

Spouses have the right to divide their joint property anytime irrespective of their divorce. They can divide their property by mutual agreement. An agreement of division of a house, of a flat, of other immovable property or agreement on apportionment of a part of immovable property from the whole property must be certified by a notary.

Certain circumstances may also dictate whether the property that was acquired during the marriage belongs to just one of the parties. For instance, the courts may find that property acquired by one spouse during a period of separation, or during the marriage termination process, would thus become personal property of that spouse. Furthermore, if the funds for which the property was acquired, beyond their joint resources, include money belonging individually to one spouse, then his/her share of this property shall be proportional to his/her respective contribution.

Finally, if a spouse consents, then financial compensation may be given in lieu of his/her share of the matrimonial property, in particular the house, apartment, land, etc. Interestingly enough, when considering any dispute with regard to property division, the courts will consider peripheral evidence, such as:

  • whether or not one of the spouses cared about the financial maintenance of the family;
  • if one party concealed, destroyed or damaged the joint property; or
  • if one party spent earnings in a way that was incompatible with the family interests.

Of course, the courts can always increase the wife's share of property distribution for a number of reasons, including if she will be living with the children, if she has an adult son/daughter who is unable to work, if the amount of family maintenance seems insufficient to ensure their physical/spiritual development and necessary medical treatment, if any.

In conclusion, there are two ways of regulation of property rights and duties of spouses in Ukraine -by application of family law and by marriage contract. The family law of Ukraine as written above settles all issues related to the joint ownership of family property as follows: in case of divorce, each of spouses has the right to get a half of all jointly owned property. If a couple who wishes to get married, or people already married, want to regulate their property relations otherwise, they should conclude a pre-nupital agreement or a marriage contract, which will delineate all property issues per their wishes. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions