Division of Marital Property: The Role of a Lawyer in the Process

At the beginning of a relationship, no one thinks about legal consequences. People fall in love, build a family, acquire property, and create a home. But even the strongest unions can crack. And at that moment — often amid emotional turmoil — an issue that had long remained in the background comes to the forefront: how to divide what was built together.

This is when the role of a lawyer becomes essential — a specialist who not only understands legal nuances but can also act as a mediator between reason and emotion.

When Do You Need a Lawyer?

A common client question — “When can we start dividing property?” — opens up several legal directions. Many people don’t realize that:

• division of property is possible both after divorce and during marriage;

• there’s a statute of limitations — 3 years from the moment one becomes aware of a violation of their rights;

• not all property acquired in marriage is considered joint.

The lawyer explains the law, documents the facts, gathers evidence, and builds a legal position. This is the starting point for competent legal support.

Why Acting Professionally Matters

Property division cases aren’t just about “stuff.” They’re about money, housing, children’s rights, debts, loans, unfinished homes, gifted jewelry, loans taken for parents, and renovation expenses.

A lawyer understands that:

• an unregistered house is legally just a pile of materials (Article 331 of the Civil Code of Ukraine);

• tools or assets used for professional purposes may be divided differently;

• in a common-law marriage, property can be divided only after proving cohabitation;

• it’s possible to prove that a home was bought with one spouse’s personal funds, making it exempt from division.

Without a lawyer, these nuances get lost. Cases drag on, court rulings get overturned, and emotions take over.

Typical Challenges Faced by Lawyers

• Hiding of assets

  One spouse often tries to transfer or sell property to relatives. The lawyer must promptly file a motion to freeze the assets, collect evidence, and block suspicious transactions.

• False witnesses

  In court, people sometimes bring in “witnesses” with false testimony. The lawyer must be ready for cross-examination, appeals, and evidence credibility checks.

• Complex asset structure

  Incomplete buildings, business assets, vehicles, land, expensive jewelry, cryptocurrency — all require proper valuation, expertise, and legal classification.

A Lawyer Is More Than Just Court Representation

In property division cases, a lawyer plays many roles:

• Mediator — encourages peaceful settlement through a notarized agreement;

• Psychologist — helps the client stay emotionally stable during family breakdown;

• Accountant & Investigator — tracks assets, income, and hidden holdings;

• Negotiator — often resolves conflict before court becomes necessary;

• Protector — when the case turns into a battle for the client’s future.

Court Is the Last Resort — but Sometimes Unavoidable

When peaceful resolution isn’t an option, the lawyer switches to litigation strategy:

• determines proper jurisdiction;

• drafts a solid claim considering all circumstances;

• attaches relevant evidence (receipts, photos, expert reports, etc.);

• requests provisional measures (to secure the claim);

• proposes options for compensation, division in kind, or share adjustments.

The lawyer always acts in the client’s best interest — but also advises when it’s wiser to compromise for the sake of peace and stability.

A Sensitive Situation, Not Just a Legal One

Dividing marital property isn’t just a legal formality — it’s an emotionally charged, high-stakes process. Every mistake can cost years in court, financial loss, or even a home.

A lawyer in this situation is not a luxury — but a necessity. Only a qualified professional can make the process as quick, fair, and legally sound as possible.

And remember: the most valuable asset after a marriage ends isn’t the house or money — it’s your dignity. And a lawyer helps you protect it.