Man Bequeathed All Property to Brother Despite 30 Years of Living with Partner: Court Denied Woman's Right to Apartment

The Volyn Court of Appeal upheld the decision denying the woman the establishment of the fact of living as one family without marriage registration with the deceased man and the recognition of her right to part of the apartment. The court concluded that the evidence provided did not confirm the existence of de facto marital relations between the parties within the meaning of family law.

After the man's death, the apartment became part of the inheritance and was registered to his brother as the heir by will. The woman filed a lawsuit claiming that she had lived with the deceased as one family without official marriage registration for many years and therefore had the right to part of the property acquired during their life together. However, courts of two instances found the evidence she submitted insufficient.

Circumstances of the Case

The plaintiff stated that from March 1992 to June 2024 she lived with the man as one family without marriage registration. According to her, they shared a household, accumulated funds, and in 2019 purchased an apartment, the ownership of which was registered to the man. After his death, it was revealed that all his property was bequeathed to his brother.

In this regard, the woman requested to establish the fact of living as one family as husband and wife without marriage registration, to recognize the apartment as joint marital property, and to recognize her ownership right to part of this property.

The Lutsk City District Court of Volyn region denied the claim. Additionally, the plaintiff was ordered to pay 22,000 hryvnias for professional legal assistance to the defendant. She appealed this decision.

Criteria Applied by the Court

The Court of Appeal reminded that to establish the fact of living as one family without marriage registration, it is not enough to prove only close relations between a man and a woman or their joint participation in family events.

According to the Family Code of Ukraine and the practice of the Supreme Court, it is necessary to confirm cohabitation, joint household management, a common budget, mutual rights and obligations characteristic of spouses, as well as other circumstances indicating the existence of real family relations.

The court specifically noted that the fact of living as one family without marriage registration for the purposes of Article 74 of the Family Code of Ukraine can only be established for the period after the Family Code came into force — from January 1, 2004. Therefore, claims regarding the period from 1992 to this date were not satisfied.

Why the Court Did Not Agree with the Plaintiff's Arguments

One of the key pieces of evidence was the purchase agreement for the apartment dated December 11, 2019.

In this agreement, the man confirmed in writing that he was not in a registered marriage, did not live with anyone as one family without marriage registration, and that the purchased apartment would belong to him as personal private property. The Court of Appeal did not agree with the plaintiff's argument that this statement was merely formal since it was contained in a notarized transaction.

The panel of judges also agreed with the first instance court's conclusion that the submitted photographs only confirmed the joint presence of the persons at certain events but did not prove the existence of a common budget, household management, and mutual rights and obligations characteristic of spouses. Similarly, witness testimonies were assessed as unable to confirm the existence of a common budget and other signs of a de facto family.

Additionally, the court considered that from August 2023 until the man's death, he lived with his brother. The plaintiff did not live with him during this period, did not provide care, and according to case materials, learned about his death only several months after the burial. The court found these circumstances inconsistent with the claim of living as spouses until June 2024.

The Court of Appeal also noted documents regarding housing privatization in 1999, in which the man was not listed as a family member of the plaintiff, although she claimed to have lived with him at that time.

Why the Right to the Apartment Was Not Proven

The court stated that the claims to recognize the apartment as joint marital property and to recognize the right to part of it derive from the claim to establish the fact of living as one family without marriage registration.

Since the plaintiff did not prove the existence of de facto marital relations, there were no grounds to apply the provisions of Article 74 of the Family Code of Ukraine. Accordingly, there were no grounds to recognize the apartment as joint property of the parties.

Additionally, the court evaluated evidence regarding the sources of funds for purchasing the apartment. According to the case materials, ten years before the purchase, the man's official income exceeded 750,000 hryvnias, while the plaintiff's income was about 91,000 hryvnias. Moreover, she had no official income for several years. The court found no evidence that the apartment was purchased with joint funds.

Position of the Court of Appeal

Following the review of case 161/14420/25, the Volyn Court of Appeal concluded that the first instance court correctly established the circumstances of the case and properly evaluated the evidence provided.

The appeal was dismissed, and the decision of the Lutsk City District Court of Volyn region and the additional decision to recover 22,000 hryvnias for professional legal assistance remained unchanged. The Court of Appeal agreed that the amount of such expenses was commensurate with the complexity of the case, the volume of work performed by the lawyer, and the time spent providing legal assistance.

The ruling came into legal force on the day it was made and may be appealed directly to the Supreme Court in cassation procedure.

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