Division of marital property through the court.
We divide the joint property of spouses through a court or notarial agreement - real estate, cars, business and debts.
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| Consulting Analysis of the composition and value of joint property; Written opinion on shares and strategy; Calculation of risks and legal costs; Without legal representation | 7 ₴ |
| Full support Analysis and strategy; Negotiations and notarial agreement (if possible); Preparation of a statement of claim; Representation in court; Support for registration of property rights | from 35 000 ₴ |
About the service
An apartment, car, or business is not divided after a divorce? Or is one of the spouses selling joint property without your consent? By law, property acquired jointly during marriage belongs to both equally (Article 60 of the Civil Code), and each has the right to claim their share.
First, we offer a notarial agreement - faster and cheaper. If we fail to reach an agreement - we prepare a lawsuit, defend the equality of shares or argue for its increase in your favor.
What do you get?
A court decision or a notarized division agreement is a clear redistribution of ownership of specific property between former spouses. After registration, each receives what is theirs, without further claims.
- Determination of shares in common property (Art. 70 of the Civil Code - equal shares by default)
- Division of real estate, cars, corporate rights, funds in accounts
- Distribution of joint debts and loans
- Monetary compensation in case of unequal distribution
- Exclusion of personal property (received before marriage or as a gift) from division
How it works
We form a list of joint property: real estate, transport, shares in a business, bank accounts, securities and joint debts. We check what belonged to each before the marriage or was received as a gift or inheritance - this is personal property and is not subject to division (Article 57 of the Civil Code).
First, we offer a notarial agreement on division (Article 109 of the Civil Code) - faster and cheaper than a court case. If we cannot reach an agreement, we prepare a lawsuit. In court, we defend equality of shares or argue for a deviation from it: contribution to the acquisition, interests of children, debts of the other spouse.
When is it the right choice?
Contact us if a spouse has divorced or is planning to divorce and cannot agree on the division of property; one of the spouses sells or disposes of joint property without consent; there are joint loans and debts need to be divided; there is a dispute about whether certain property is joint.
Please note: a claim for division of property can be filed within 3 years from the date you learned or could have learned about the violation of your right (Article 72 of the Civil Code). Sign up for a consultation - we will assess the composition of the property and the most effective method of division.
Who needs this service?
They cannot agree.
They are divorced or are getting divorced, but everyone sees the separation in their own way - the court will establish the final option.
One takes out the property
Sells, donates, or transfers joint property without your consent - we can file for seizure and challenge the transaction.
Joint loans
A mortgage or loan is issued to both of you - we distribute the debt between the spouses through the court.
Property ownership dispute
One party claims that the property is personal (before marriage or as a gift) - we prove or disprove it through the court.
Share in the business
LLC, individual entrepreneur or corporate rights acquired during marriage - we evaluate and divide them as part of the joint property.
How we work
- 01
Analysis
We create a list of joint and personal property, check the registers. On the day of the application.
- 02
Talks
Attempting a notarial agreement on division is faster and cheaper than going to court.
- 03
Rating
If necessary, we initiate an independent assessment of the value of the property for fair distribution.
- 04
Claim
If an agreement is not possible, we prepare a lawsuit for division with a detailed calculation of shares and compensation.
- 05
Representation
We protect your interests in court, obtain decisions, and assist with the registration of property rights.
What will be required of you?
- Marriage and divorce certificate originals or copies
- Property documents Title deeds to real estate, vehicles, shares in LLCs
- Extracts from registers State Register of Rights, Unified State Register of Rights - if received
- Credit agreements and account statements if there are joint debts or accounts
- Evidence of property acquisition before marriage or as a gift if you want to exclude it from the division
- Independent property valuation if there is; if there is none - we appoint in court
Typical customer situations
The most common scenarios we are approached with. Find yours and proceed to a full analysis with the procedure, deadlines, and practice.
Property acquired during marriage is joint property (Article 60 of the Civil Code), the shares are equal, but the court may deviate from equality. We explain what is divided, the methods of division, and the statute of limitations.
Read the full answerFrequently asked questions
01 How are shares in joint property determined?
By law, equal (50/50), regardless of who earned more (Article 70 of the Civil Code). The court may deviate from equality if one of the spouses did not care for the family, avoided work, or was wasteful with joint property.
02 What is personal property and is it divisible?
Personal property - received before or during marriage as a gift or inheritance - is not subject to division (Article 57 of the Civil Code). However, if its value has increased significantly during the marriage due to joint investments, the other spouse may claim a share.
03 Are debts and loans divisible?
Yes. Debts incurred in the interests of the family (mortgage, family loan) are joint and are divided between the spouses. Debts incurred in the personal interests of one spouse remain with him.
04 Is it possible to divide property without going to court?
Yes - through a notarial agreement on division (Article 109 of the Civil Code). It is faster and much cheaper. If both agree to the terms - we help prepare the agreement and accompany the notarial certificate.
05 What is the deadline for filing a claim?
3 years from the day you learned or should have learned about the violation of the right to a share in the property (Article 72 of the Civil Code). The period begins not from the date of divorce, but from the day a specific dispute arose.
06 How much is the court fee?
1% of the value of the property being divided. For expensive real estate, this is a significant amount - we take it into account when planning the budget. During the consultation, we will calculate exactly and consider ways to minimize it.
07 Is the appeal included in the price?
No. The appeal is a separate contract, the cost is formed after the decision of the court of first instance.
Do you have any questions about this service?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.