Marital property: legal regime, division and peculiarities of protection

Property relations between spouses are one of the most sensitive and complex areas of family law. During marriage, couples accumulate property, buy real estate, vehicles, and investment assets. However, it is not always clear who exactly owns it and how it is distributed after the divorce. In this article, we will consider what is general joint property of the spousesWhat rights do husband and wife have, how is the division carried out, and how can you protect yourself?

⚖️ What is considered marital property

According to Article 60 of the Family Code of Ukraine (FCU)property acquired by the spouses during the marriage belongs to them on the right of joint joint ownershipregardless of which of them actually earned the money or to whom the ownership is registered.

Joint property includes:

• real estate (apartments, houses, land plots) acquired during the marriage;

• vehicles;

• household appliances, furniture, and other movable property;

• income from business activities;

• bank deposits, shares, and securities;

• corporate rights;

• other objects acquired during the marriage with joint funds.

❗️Важливо: even if the property is registered in the name of only one of the spouses, the law recognizes it common propertyif acquired in marriage.

🏠 What is not included in the joint property

According to Article 57 of the CCUseparate objects are not subject to joint treatment, but belong to each of the spouses in person:

• property acquired before marriage;

• things received as an inheritance or as a gift;

• property purchased with funds that belonged to one of the spouses personally;

• personal items (clothes, shoes, jewelry, etc.).

However, even in such cases, disputes may arise if the other spouse proves that invested their money or labor in a substantial improvement of this property (e.g., repair, reconstruction, completion).

💼 Property acquired with joint funds but registered for business

In modern families, it often happens that one of the spouses runs a business and purchases assets in the name of the company. However, even in this case, the court may recognize the following objects common propertyif it is proven that:

• the funds for the acquisition were of common origin;

• the business was conducted jointly or with the support of the other spouse;

• registration as a legal entity was only formal.

This situation often requires professional assessment, financial expertise, and legal support.

🧾 Legal regime of joint property

The spouses own, use and dispose of joint property by mutual agreement. This means that:

• sale, gift or mortgage of real estate, vehicles or corporate rights requires consent of the other spouse;

• notaries are not entitled to certify contracts without the written consent of the other spouse;

• entering into transactions without consent may be grounds for declaring them invalid.

⚖️ Division of joint property

The division of marital property is possible:

1. Voluntary - by means of a notarized agreement between the spouses.

2. Through the courts - if the parties have not reached an agreement.

Voluntary separation

The parties can independently agree on the division of property, determining who owns what. Such an agreement is legally binding and prevents further disputes.

Judicial division

If there is no agreement, the case is considered by the court. As a general rule, property is divided equally (50/50)The court may deviate from this principle if:

• one of the spouses did not care about the family or spent money to the detriment of family interests;

• The other made a significant contribution to the family's well-being;

• there are minor children with whom one of the parents remains.

🕒 Statute of limitations

A claim for division of property may be filed by within three years from the moment when the person knew or could have known about the violation of his/her right (Article 72 of the CCU).

🧩 Special cases

1. Separation of loan commitments
   If the loan was used for family needs (buying a home, renovating, educating children), it is also considered a joint obligation.

2. Property abroad
   If the property is acquired outside Ukraine, it may also be subject to Ukrainian law if the marriage is registered in Ukraine.

3. Marriage contract
   Spouses may establish a different property regime in advance by concluding a marriage contractwhich will determine the procedure for the use and division of assets in the event of a divorce.

💡 How to protect yourself

1. Record the origin of funds. Keep bank statements, contracts, and receipts - they can serve as evidence in the event of a dispute.

2. Register the property for both of them. This will facilitate future separation and prove the joint nature of the acquisition.

3. Consider a prenuptial agreement. This is not a sign of distrust, but a tool of transparency.

4. Consult with your lawyers. Each situation is individual, and legal assistance will help to avoid risks.

🧑‍⚖️ Help from a lawyer

Lawyers AxelLegal have extensive experience in cases related to the division of marital property, challenging transactions, proving sources of funding and recognizing property rights.
We are helping:

• conduct a legal audit of assets;

• prepare evidence and a statement of claim;

• ensure effective defense in court;

• find the best option for a peaceful settlement.

🔍 Conclusion

The legal regime of marital property is a balance between equality, fairness and trust. Understanding your rights and receiving timely legal support can help you avoid conflicts and preserve not only your property but also your peace of mind.