5.1. How is the property (rights in rem) divided?

In accordance with Article 68 of the Ukrainian Family Code, the dissolution of a marriage does not put an end to the right to co-ownership of property acquired during the marriage. After the marriage has been dissolved, the property, which is the subject of the right of indivisation, is disposed of exclusively by mutual agreement of the spouses. The wife and husband have the right to share the property belonging to them by joint ownership, irrespective of the dissolution of the marriage. The spouses have the right to share the property by mutual agreement. A contract for the allocation of residential property, apartment, other immovable property and the award of immovable property to one of the spouses must be notarised.

5.2. Who is liable for existing debts after the divorce/separation?

The liability for debts existing after divorce/separation lies with the spouse who was a debtor before the divorce, if a contract of guarantee was not concluded or stipulated otherwise in the marriage contract. Depending on the obligations of one of the spouses, the penalty may be imposed only on his or her own property and on the proportion of the spouses’ right of indivision which is granted to him or her in kind. Collection may be levied on property which is jointly owned by the spouses, if the court finds that the contract was concluded by one of the spouses in the interests of the family and that what was obtained under the contract was used for his or her needs. When reparation for damage caused by a criminal offence of one of the spouses, the penalty may be imposed on property acquired during the marriage, if the court decision concluded that the property was acquired with funds obtained as a result of a criminal offence.

5.3. Does one spouse have a claim to an equalisation payment?

In accordance with Article 71 of the Ukrainian Family Code, property which is the subject of joint ownership is shared between the spouses in kind. If the spouses do not agree on the division of property, the dispute may be settled by the court. In doing so, the court shall take into account the interests of each of the spouses, the children and other important circumstances. Indivisible matters shall be attributed to one of the spouses, unless otherwise provided in the agreement between them. Objects intended for professional activities are assigned to a spouse who uses them in his or her professional activities. The value of that property is taken into account when assigning other property to the other spouse. Monetary compensation may be awarded to one of the spouses instead of their share in the joint property right, including a dwelling, apartment or land, only with his or her consent. Monetary compensation may be awarded to one spouse provided that the other spouse has previously paid the appropriate amount to the court’s deposit account. The creditor of the joint owner of the property, in the event of insufficiency of other property subject to attachment, may apply to the courts for the allocation of shares in the joint ownership of the property for attachment, except in the cases provided for by law. The extinguishing limitation period does not apply to applications for the division of the spouses’ common property if the marriage between them is not dissolved. An application for division of property made after the dissolution of a marriage is subject to a limitation period of three years. The limitation period is calculated from the day on which one of the spouses learned or could have learned of the infringement of their property rights.

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