Division of Marital Property and Protection of Property Rights: Review of Legal Conclusions of the Supreme Court's Civil Cassation Court
The Supreme Court published the first part of the review of legal conclusions of the Civil Cassation Court regarding civil law aspects of the division of joint marital property and the protection of property rights. The review includes legal positions entered into the Unified State Register of Court Decisions from 2022 to January 2026.
The main focus is on the criteria for distinguishing between personal private property and joint marital property, particularly on rebutting the presumption of joint ownership in cases where the property was acquired with the personal funds of one spouse, as well as on the legal status of land plots and privatized housing. The review analyzes the Supreme Court’s approaches to the division of newly created, reconstructed, and improved real estate, objects of unfinished construction, and property rights.
A separate section of the publication is devoted to the specifics of dividing indivisible items (including vehicles) and protecting the rights of co-owners in cases of alienation of property without their consent, including through monetary compensation. Legal positions regarding the specifics of dividing business assets, such as contributing joint property to the authorized capital of companies, as well as the impact of the property regime chosen by spouses abroad on the status of real estate in Ukraine, are highlighted.
Significant attention is given to issues of departing from the principle of equal shares of spouses, particularly in cases of living with one parent of a child with special needs or when the other spouse evades child support or conceals property. Procedural aspects of the review focus on the distribution of the burden of proof and the inviolability of the presumption of joint ownership in the absence of documentary evidence of the sources of acquisition.
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