In the process of divorce, each spouse has a question about the division of property.
But is all property subject to division?
No!
First of all, it is necessary to find out which property will be considered personal of each of the spouses and will not be divided, and which will be joint and subject to division?
The Family Code of Ukraine provides for two regimes of property of spouses – personal private property and joint joint property.
Property that is the personal private property of the wife or husband:
1) property acquired before marriage;
2) property acquired during marriage, but on the basis of a gift contract or in the order of inheritance;
3) property acquired during the marriage, but with funds that belonged to her, to him personally;
4) housing or land plot acquired as a result of privatization (exception: privatization of housing in the period from 02.08.2011 to 06.12.2012 – then the privatized housing was considered joint);
6) things for individual use, including jewelry, even when they were purchased from joint funds of the spouses.
7) prizes, awards that she or he received for personal merits.
8) funds received as compensation for the loss (damage) of a thing that belonged to her or him, as well as compensation for moral damage caused to her or him.
9) insurance sums received by her or him under mandatory personal insurance, as well as under voluntary personal insurance, if the insurance premiums were paid at the expense of funds that were the personal private property of each of them.
10) The court may recognize as the personal private property of the wife or husband the property acquired by her during their separate residence in connection with the actual termination of marital relations.
What property is jointly owned by spouses?
Property acquired during marriage, regardless of the fact that one of the spouses did not have independent earnings for a valid reason. Such good reasons can be, for example, studies, housekeeping, childcare, illness, etc.
Property owned by spouses under the right of joint co-ownership includes:
• property acquired during marriage (with the exception of things for individual use);
• income received by each of the spouses (salary, pension, scholarship and other income);
• things purchased by one of the spouses for professional activities (musical instruments, medical equipment, office equipment, etc.).
