Changes in family disputes over property rights: key aspects

Family disputes related to the division of property remain one of the most pressing issues in Ukrainian court practice. The legal provisions in this area are aimed at settling property issues between spouses, but real-life circumstances often create challenges that require detailed legal analysis.

Regulatory framework

The main regulatory acts governing the division of marital property are the Family Code of Ukraine, the Civil Code of Ukraine and relevant case law, in particular, Resolution of the Plenum of the Supreme Court of Ukraine No. 11 of 21.12.2007.

What is the object of joint ownership?

Pursuant to Article 60 of the Family Code of Ukraine, property acquired by the spouses during the marriage is considered to be jointly owned, regardless of which spouse actually earned the money. Such property includes:

• real estate acquired during the marriage;
• income received by each spouse;
• items for professional activities.

However, the court may recognize even personal property owned by one of the spouses as marital property if its value has increased significantly due to joint expenses.

Personal private property

Property acquired before marriage, by gift or inheritance, as well as property acquired with personal funds, remains private property. Likewise, real estate privatized during marriage is not subject to joint ownership.

Division of property: voluntarily or through the courts

Spouses may voluntarily agree to divide their property by entering into a notarized agreement. If no agreement can be reached, the dispute is resolved in court.

• Voluntary division: The advantage is saving time and money and avoiding court costs.
• Judicial division: The court determines the shares of each party, taking into account the interests of minor children, the financial capabilities of the parties and other circumstances.

Particular attention should be paid to indivisible property (e.g., a car): if one of the parties is not ready to compensate the other, the court may leave the property in joint ownership.

Statute of limitations

For the division of property after divorce, the statute of limitations applies – three years from the date when a party learned of the violation of its right. If the marriage is not dissolved, the limitation period does not apply.

Features of court practice

Case law on the division of marital property is constantly being updated. In particular, the Supreme Court has repeatedly emphasized that it is important to establish the source of funds for the acquisition of property. For example, even if the property was acquired by one of the spouses before the marriage, but a loan was paid for with joint funds, the other party is entitled to compensation.

Recent years have brought many changes to the settlement of property relations in family disputes. Legislation and judicial practice have been adapting to new socio-economic conditions and changes in law enforcement. This has affected key aspects such as the determination of property rights, the division of assets and the settlement of financial obligations of spouses.

New approach to the allocation of loan commitments

One important change was the more detailed regulation of loan-related issues. In its rulings, the Supreme Court emphasized that debt obligations taken by one of the spouses during the marriage should be considered joint if they were used for the needs of the family. This means that, in the course of property division, courts are increasingly ordering both parties to share financial obligations proportionally, even if only one of the spouses entered into the loan.

At the same time, the position on premarital loans has changed. If the loan was serviced with joint funds of the spouses, the other party may claim compensation for half of the amounts paid. This approach allows taking into account the real contributions of each spouse to the joint property.

Strengthening the protection of children’s rights

The interests of minor children now have a greater influence on court decisions. The court may increase the share of one of the spouses if he or she lives with the children or takes care of them. For example, property shares may be unequal if the parent with whom the children remain has limited financial means to support them.

This approach is aimed at ensuring better physical, material and spiritual development of the child, which has become an important priority in modern family disputes.

Clarification of personal private property

Another important change was a clearer definition of the boundaries of personal private property. The Supreme Court clarified that even if property was acquired by one of the spouses at their own expense during the marriage, this must be documented. For example, gifts or inheritance remain personal property, but if joint funds were invested in their improvement (repairs, modernization), the other party may claim compensation.

Improving the property valuation procedure

The issues of property valuation have become more thoroughly regulated. Courts increasingly rely on the opinions of independent experts to determine the real value of property. This is especially true for indivisible items such as cars or real estate. If one party refuses to compensate, the property may remain in joint partial ownership.

Property of unmarried couples

New emphasis is placed on the rights of couples who live together but have not registered their marriage. The court practice has made it clearer that property acquired jointly during cohabitation may be considered joint property if such intention is proved (for example, through written agreements or financial documents). This is a significant step towards protecting the rights of de facto spouses.

Increasing the role of alternative dispute resolution

Recently, more and more attention has been paid to the voluntary division of property. The conclusion of property division agreements is becoming more popular, as it avoids lengthy court proceedings. Such agreements, if notarized, have the same legal effect as a court decision.

Modern changes in property rights in family disputes are aimed at adapting to current challenges. They strengthen the protection of the rights of each spouse and focus on the interests of children. For citizens, this means more transparency in the process and the possibility of a fairer resolution of property issues.

The division of marital property is a complex legal process that requires a careful approach to each case. Legislation and case law provide clear guidelines for resolving such disputes, but each situation is unique. It is important to keep in mind the rights of the parties and the interests of the children, and to seek the advice of qualified lawyers to protect your rights.