Before a court issues a decision, marital assets can disappear. The most common schemes we see in practice: real estate or vehicles transferred to parents or other relatives; property pledged to a related party under a fictitious debt; assets contributed to a company's share capital. Each arrangement looks lawful on the surface, but courts verify whether real payment was made, check the transaction date, and examine the relationship between the parties. That is why the attorney's first task is to secure the assets before the claim is filed.
Marital property division follows clear rules: everything acquired during the marriage is jointly owned, regardless of whose name it is registered in. But there are exceptions and disputed situations. A mortgaged apartment, a share in an LLC, income earned as a sole trader, a parental gift, a renovation paid for with joint funds. Each scenario requires different evidence: registers, bank statements, the mortgage agreement, sole-trader tax returns, the LLC charter, or an independent valuation.
Division without court proceedings is faster and less expensive when both parties agree. If they do not, we prepare the claim and represent your interests in court.
Key Facts
| Parameter | Details |
|---|---|
| Initial consultation | from UAH 1,000 (credited toward further work) |
| Statement of claim | from UAH 3,500 |
| First-instance hearing | from UAH 3,000 per hearing |
| Appeal | from UAH 4,000 |
| Appeal hearing | from UAH 5,000 per hearing |
| Court fee | 1% of the claim value, minimum UAH 1,331.20, maximum UAH 9,984.00 (Art. 1.3.2 of the Law of Ukraine On Court Fees, 2026 rates) |
| Limitation period | 3 years from the date the person learned or should have learned of the violation of their property right (Art. 72 of the Family Code of Ukraine) |
| Typical duration | Simple case: 3–6 months at first instance. Cases involving a mortgage, business, or asset valuation: 6–12 months or more. |
| Geography | Kyiv and remotely throughout Ukraine and from abroad |
Describe your situation: what assets exist, whose name they are in, when they were acquired, and whether there is a risk of transfer.
What Is Joint Property and What Is Personal
Everything acquired during the marriage is jointly owned, regardless of whose name it is registered in or who earned the money (Art. 60 of the Family Code of Ukraine). Exception: property acquired before the marriage, or received as a gift or inheritance.
Areas of Work
Disputes most often arise not because of the 50/50 formula itself, but because of evidence: when the asset was acquired, where the money came from, who paid the mortgage, and whether assets were transferred before the divorce was filed.
Apartment and Real Estate
Division of an apartment, house, or land plot at divorce. Allocation of a physical share or monetary compensation. Determination of the order of use of jointly owned property. Division of a mortgaged apartment together with the remaining debt.
from UAH 5,000
Mortgage and Debts
Division of mortgage debt between spouses. Determination of the order of repayment of joint loans. Protection against liability for debts incurred without your consent. Liaison with the bank when the borrower changes.
Exact cost quoted after reviewing the loan documents, asset composition, and the bank's position.
Business and Corporate Rights
Division of an LLC share or other corporate rights. Business valuation. Division of sole-trader income earned during the marriage. Protection of a business from unfounded claims by the other spouse.
Cost quoted after a brief review of documents and risks.
Car and Personal Property
Division of cars, motorcycles, and other vehicles. Current market valuation. Award of the asset to one spouse with monetary compensation to the other.
Cost depends on the asset composition, available documents, and whether a valuation is required.
Bank Accounts and Deposits
Division of funds held in accounts, deposits, and investment accounts. Tracing of hidden assets through attorney requests. Asset freeze to preserve property pending division.
Cost depends on whether only a claim needs to be filed or assets also need to be traced and documented.
Prenuptial Agreement
Drafting a prenuptial agreement before or during the marriage. Changing the ownership regime of specific assets. Challenging a prenuptial agreement concluded under duress or when the person did not understand their actions.
from UAH 2,500
Notarial Agreement or Court: Which to Choose
If there is no dispute about the composition of the assets, their value, or the shares, the division can be formalised as a notarial agreement without going to court. This is faster, less expensive, and allows the arrangement to be recorded without a court conflict.
If one spouse is concealing assets, disagrees with the valuation, disputes the source of funds, or has already begun transferring property, court proceedings are generally unavoidable. In that situation it is important not to lose time: file an application to secure the claim as soon as possible.
| Factor | Notarial Agreement | Court Claim |
|---|---|---|
| When it works | Both parties agree on all assets | Dispute about composition, value, or shares |
| Timeline | A few days | 3 months minimum for a simple case |
| Costs | Notarial fee + agreement drafting | Court fee (up to UAH 9,984) + attorney + possible valuation |
| Drawback | Impossible without both parties' consent | Longer, but the court decision is enforceable |
| Division during marriage | Yes (Art. 69 of the Family Code) | Yes (Art. 69 of the Family Code) |
What the Attorney Does in Your Case
1. Assessment of Assets and Prospects
At the consultation we analyse your specific situation: what assets exist, when they were acquired, whose name they are in, and where the money came from. It is important to discuss the full picture from the start, including facts the client considers uncomfortable. What seems like a minor detail at the first meeting can become a key argument in court for either side. Fee: from UAH 1,000.
2. Securing the Claim
Before filing the claim or simultaneously with it, we apply for a freeze on the jointly owned assets. Without a freeze the other spouse can sell, gift, or transfer property before the court rules. The freeze locks the assets at the moment the claim is filed.
3. Asset Valuation
Assets must be given a market value for division purposes. We arrange independent valuations through licensed appraisers or challenge the valuation ordered by the other side. An accurate valuation directly determines the size of the compensation.
4. Preparing the Claim and Evidence
We draft the claim with a list of assets, a calculation of shares, and grounds for deviation from equal shares where applicable. We compile the evidence: register extracts, purchase contracts, bank documents, witness statements. Fee: from UAH 3,500.
5. Court Representation
The attorney represents your interests at every hearing. The client does not need to attend, and in property division cases this is often the better choice. Court is essentially a continuation of the conflict: mutual accusations, tension, and the risk of emotional statements that can damage your position. Most clients, after the first hearing, ask not to come back. Fee: from UAH 3,000 per hearing.
6. Enforcement of the Decision
After the decision takes effect we assist with re-registration of the assets: real estate via a notary and the State Register, vehicles via the Motor Vehicle Service Centre, an LLC share via a notary and the Unified State Register. If the other party fails to comply, we open enforcement proceedings.
Complex Situations: Common Questions
How is a mortgaged apartment divided at divorce?
In short: a mortgaged apartment is joint property, but a court decision alone does not change the loan agreement with the bank.
The court determines the shares in the apartment and apportions the remaining debt. Three outcomes are generally possible: the apartment and debt go to one spouse with compensation to the other; the apartment is sold, the debt repaid, and the balance divided; or the parties restructure the loan in agreement with the bank. Changing the borrower requires the bank's separate consent: without it, the transfer cannot proceed.
The apartment was bought before the marriage, but renovated with joint funds: is it divisible?
In short: theoretically possible, but almost never happens in practice.
Art. 62 of the Family Code of Ukraine allows a share of the apartment to be recognised as jointly owned if the renovation substantially increased its value. But courts apply "substantially" literally: even significant renovation spending rarely tips the balance without proper documentation, namely official renovation contracts, material receipts, and valuations before and after. Almost no one collects all of these. In practice, proving that a pre-marital apartment became jointly owned is difficult. The dispute more often concerns not dividing the apartment itself, but compensation for the value of proven improvements.
Are sole-trader (FOP/FLP) assets divided at divorce?
In short: the sole-trader status itself cannot be divided, but income earned through sole-trader activity during the marriage may form part of joint marital property.
Courts examine whether the sole-trader income was already spent on the family's needs (if so, it cannot be divided again); what assets were purchased with that income and whose funds were used; and whether property is used exclusively for business purposes. The other spouse may claim half of the sole-trader income earned during the marriage and not spent on family needs. Assets used in the business normally stay with the sole trader, but the court may award monetary compensation.
How is an LLC share divided at divorce?
In short: an LLC share acquired during the marriage is joint property, but the other spouse generally does not become a member of the LLC.
Courts typically award the other spouse monetary compensation based on the valued share rather than admitting them as a member. The attorney's role is critical here: companies often report minimal official income while the real value of the business is concentrated in intangible assets, client relationships, and contracts. We work with independent appraisers and verify assets to ensure the compensation reflects the real value, not the "paper" value of the share.
What if assets were transferred or hidden before the divorce?
In short: there are three typical schemes, and each has a legal remedy.
First: property transferred to parents, siblings, or other relatives. Courts check whether real payment was made and whether the price matches market value. If not, the transaction may be declared void. Second: property pledged to a related party. Formally a debt obligation; in practice a way to freeze or extract an asset. Third: contribution to a company's share capital. The apartment or car becomes a "company asset," seemingly no longer yours. But if the contribution was made from joint marital funds, the other spouse is entitled to compensation for the value of the share. In all three cases, file an application for an asset freeze as early as possible, before or simultaneously with the claim.
How does a prenuptial agreement affect property division at divorce?
In short: if the agreement is valid and directly defines the ownership regime, the court applies its terms. But the agreement can be challenged.
Grounds for challenge: the agreement was concluded under duress, when the party did not understand their actions, or its terms substantially violate the rights of one spouse. If the prenuptial agreement is declared void, the general rules of marital property division apply (Arts. 60–70 of the Family Code of Ukraine).
The husband threatens to take the children unless the wife drops her property claims: what to do?
In short: this is pressure, not a legal right. Threats carry no legal force.
Property division and the question of the children's residence are heard by the court as two independent proceedings. The threat "I will take the children" cannot be grounds for reducing your property claims, and no court will accept such a "deal." If you are being pressured through the children to abandon your share, document it and inform your attorney. Such conduct may be taken into account by the court when deciding where the children will live.
What is the limitation period for property division after divorce?
In short: 3 years, but that period does not begin on the date of divorce (Art. 72 of the Family Code of Ukraine).
The period starts from the moment the person learned or should have learned of the violation of their property right. If after the divorce both parties used the assets without conflict, the period may begin later, from a specific event: a refusal to sell, a sale without your consent, or a transfer to a third party. Even so, do not delay: witnesses forget, and documents get lost.
Documents for Marital Property Division
- passport and tax identification number of the client;
- marriage certificate or court decision on divorce;
- title documents for the apartment, house, land, vehicle, or LLC share (purchase contracts, ownership certificates, register extracts);
- mortgage or loan agreement and outstanding balance (if debts are involved);
- bank statements and receipts confirming the source of funds used to acquire the assets;
- sole-trader or LLC documents (if the dispute involves a business);
- evidence of investment in renovation, reconstruction, or loan repayment (receipts, contracts, statements).
If some documents are missing, that is not a reason to abandon the claim. An attorney's formal request can obtain information from state registers and public authorities. Bank account data can only be obtained by court order.
Court Fee for Property Division in 2026
Filing a claim for marital property division carries a court fee of 1% of the claim value (the market value of the assets being divided). The fee is subject to a minimum and a maximum (Art. 1.3.2 of the Law of Ukraine On Court Fees).
| Item | Formula | Amount in 2026 (SMLI = UAH 3,328) |
|---|---|---|
| Standard rate | 1% of claim value | Depends on asset valuation |
| Minimum fee | 0.4 × SMLI | UAH 1,331.20 |
| Maximum fee | 3 × SMLI | UAH 9,984.00 |
This means: even if an apartment is worth UAH 5 million, the court fee for the division will not exceed UAH 9,984. The fee is paid before filing. Whether any part of it can be refunded depends on the reason and stage at which the case ends; in some cases Ukrainian law allows a partial refund, for example where the claim is withdrawn or a settlement is reached before the merits hearing begins.
When You Can Manage Without an Attorney
If both spouses have reached agreement on all assets and are ready to sign a notarial agreement, legal assistance may be limited to reviewing the draft agreement. We say this clearly at the first meeting.
An attorney is necessary when: there is a dispute about the composition or value of the assets; one spouse is concealing assets or transferring property; the case involves a mortgage, business, or corporate rights; the other side has already gone to court or filed an application for a freeze.
Why Yurincom
Attorney Igor Balaban has handled marital property disputes since 1992. In these cases what matters is not emotions, but a complete picture of the facts and documents. In court everything usually comes out: whose money bought the apartment, where the sole-trader income went, when and to whom the car was transferred. The earlier the attorney knows these details, the stronger the position in the case will be.
The attorney is listed in the Unified Register of Attorneys of Ukraine (UNBA). Office in Kyiv. Consultations in person and remotely. Clients from across Ukraine and abroad.
Fees
All fees are set out in the engagement agreement before work begins. You pay for work actually performed.
| Service | Fee |
|---|---|
| Initial consultation | from UAH 1,000 (credited toward further work) |
| Statement of claim for property division | from UAH 3,500 |
| Application for asset freeze (interim measures) | from UAH 1,500 |
| First-instance hearing | from UAH 3,000 per hearing |
| Hearing via video conference | from UAH 2,000 per hearing |
| Appeal | from UAH 4,000 |
| Appeal hearing | from UAH 5,000 per hearing |
| Notarial agreement on property division (assistance) | from UAH 2,500 |
| Prenuptial agreement (drafting) | from UAH 2,500 |
| Attorney's formal request (asset tracing) | from UAH 1,500 |
| Court fee (Art. 1.3.2 of the Law on Court Fees) | 1% of claim value. Minimum: UAH 1,331.20. Maximum: UAH 9,984.00 (2026 rates). |
Questions and Answers
- Is an apartment registered in the husband's name divisible if it was bought during the marriage?
- Yes. Property acquired during the marriage is jointly owned regardless of whose name it is registered in (Art. 60 of the Family Code of Ukraine). An apartment in the husband's name, purchased during the marriage, is divided equally unless the court finds grounds to depart from equal shares.
- What shares will each spouse receive?
- Courts predominantly divide assets equally: 1/2 each (Art. 70 of the Family Code of Ukraine). Departing from equal shares is rare and requires serious evidence: deliberate destruction of property or spending joint funds for personal gain. If a share of the apartment is registered in a child's name, for example under a gift agreement, inheritance, or a separate purchase agreement, that share does not form part of the spouses' joint property and is not divided.
- What happens to a mortgaged apartment at divorce?
- A mortgaged apartment is joint property. The court divides both the ownership right and the remaining debt. Possible outcomes: one spouse takes the apartment and the debt (with compensation to the other); the apartment is sold, the debt repaid, and the balance divided; or the parties reach agreement with the bank on restructuring. A court decision does not automatically alter the loan agreement: a separate arrangement with the bank is required.
- Is inherited or gifted property divisible?
- No. Property received by one spouse as a gift or through inheritance during the marriage is their personal property and is not subject to division (Art. 57 of the Family Code of Ukraine). If the gifted or inherited asset was converted (sold and replaced with something else), tracing the proceeds becomes more complex.
- Can property be divided without getting divorced?
- Yes. Property can be divided while the marriage continues, without dissolving it (Art. 69 of the Family Code of Ukraine). This is appropriate when one spouse has significant debts, operates a high-risk business, or when the parties wish to separate their assets without divorcing.
- Is there a time limit for filing a property division claim after divorce?
- Yes, 3 years (Art. 72 of the Family Code of Ukraine). But the period does not begin on the day of divorce; it begins from the moment the person learned or should have learned of the violation of their property right. If after the divorce both parties used the assets without conflict, the period may start later.
- What should I do if my spouse is transferring assets before the divorce?
- The risk is usually higher for vehicles, corporate rights, bank funds, and assets held through a business. Real estate is harder to transfer lawfully because a notarial spousal consent is usually required for property acquired during marriage. Still, disputes do arise where marital status was concealed, the price was understated, a formal debt was created, or the asset was transferred to a related party. If there is a real risk, an application for an asset freeze should be filed as early as possible.
- How is a business (sole trader or LLC share) divided?
- The sole-trader status is personal and cannot be divided. But sole-trader income earned during the marriage and not spent on the family's needs may be jointly owned (Art. 61(2) of the Family Code of Ukraine). An LLC share acquired during the marriage is joint property: the court usually awards the other spouse monetary compensation at the appraised value of the share rather than making them a member of the LLC.
- How long do property division cases take?
- A simple case with no valuation and no dispute about asset composition: approximately 3–6 months at first instance. Cases involving a mortgage, business, hidden assets, or several properties: 6–12 months or more. An appeal extends the timeline further.
- Can the court award the apartment to the parent the children live with?
- In practice courts predominantly divide real estate 50/50 rather than awarding the apartment to one spouse with compensation. Monetary compensation for real estate is uncommon. For a vehicle, compensation is typical: the car is awarded to one spouse and the other receives half the market value. The presence of children is considered by the court, but it rarely changes the equal-share outcome.
- Can property registered in parents' or children's names be divided?
- Such property is not automatically divided because third parties are formally the owners. But if evidence shows that the property was effectively purchased with the spouses' joint funds and transferred to evade division, the transaction can be challenged separately. The limitation period for such a challenge: 3 years from the moment the real purpose of the transaction became known.
- How does a prenuptial agreement affect property division?
- If the prenuptial agreement is valid and directly defines the ownership regime, the court applies its terms. But the agreement can be challenged if it was concluded under duress, when the party did not understand their actions, or if its terms substantially violate one spouse's rights. Where the agreement is declared void, the general rules of joint marital property division apply.
Contact the Attorney
Yurincom Law Firm
Attorney Igor Balaban. Marital property division since 1992. Listed in the Unified Register of Attorneys of Ukraine (UNBA).
Office: Kyiv
Phone: +380 44 232 50 60
Mobile: +380 93 390 60 60
Telegram | WhatsApp | Contacts
In-person consultations in Kyiv and remotely. International clients served without travelling to Ukraine.
Describe your situation: what assets exist, whose name they are in, when they were acquired, and whether there is a risk of transfer.