What Property Is Not Divided During Divorce: What the Law Allows You to Keep
Division of property after divorce often becomes one of the most difficult and contentious issues for former spouses. At the same time, not all property acquired during the marriage is automatically considered joint marital property and subject to division. The law defines a number of exceptions when certain assets remain the personal private property of one spouse regardless of the fact of being married or divorced. Knowing these rules will help avoid unnecessary disputes, save time and money, and in some cases — prevent prolonged court proceedings.
Division of property after divorce: general rules
Husband and wife have the right to divide property that belongs to them as joint marital property, regardless of the dissolution of the marriage.
Such division can take place by mutual agreement of the spouses. An agreement on the division of a residential house, apartment, other real estate, as well as on the allocation of real estate to the wife or husband from the joint property must be notarized.
If a dispute arises between the parties, the issue is resolved in court.
At the same time, the legislation provides a list of property that is not subject to division during divorce and remains the personal private property of one spouse.
What property is not subject to division during divorce
The property that is not divided between spouses in the event of divorce includes:
- property acquired during the marriage based on a gift agreement or by inheritance;
- property purchased during the marriage with funds that belonged to one spouse as personal private property;
- housing acquired during the marriage as a result of privatization in accordance with the Law of Ukraine "On Privatization of State Housing Stock";
- land plot acquired during the marriage through free privatization;
- items of individual use, including valuables;
- funds received as compensation for loss or damage of an item belonging to one spouse, as well as funds paid as compensation for moral damage;
- insurance payments received under mandatory personal insurance, if insurance premiums were paid from funds that were the personal private property of the husband or wife;
- bonuses and awards received for personal merits.
When to go to court
If disagreements arise between former spouses regarding whether certain property is joint marital property or personal private property of one of them, the final resolution of the dispute is made by the court. Documents confirming the origin of funds, the method of acquiring property, and other circumstances that may affect the determination of the legal status of such property are of great importance.
What spouses need to remember
Before starting a court dispute, it is worth considering the possibility of resolving the issue by agreement. Amicable settlement allows avoiding lengthy proceedings, additional costs, and psychological stress. At the same time, knowing which property is not subject to division will help realistically assess your rights and prospects for resolving the dispute.
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