Family Case Law
Tracking developments in Ukrainian court practice
Supreme Court: A Spouse Seeking Compensation for Their Own Share of Marital Property Does Not Have to Deposit the Compensation Amount With the Court
The Supreme Court distinguished between terminating another spouse’s ownership interest and seeking compensation for one’s own share. Where a spouse asks to terminate their own interest in jointly owned marital property and receive compensation, prior payment of the compensation amount into the court’s deposit account is not required.
Supreme Court: A Gift of Joint Marital Property Without the Other Spouse’s Consent Is Invalid in Its Entirety
The Supreme Court held that jointly owned marital property cannot be donated without the other spouse’s required consent. Where the spouses’ shares have not been determined, the unauthorised donation concerns the jointly owned asset as a whole and may be declared invalid in its entirety.
Supreme Court: Compensation for Marital Property Sold Without a Spouse’s Consent Must Reflect Its Market Value at the Time of the Court Proceedings
The Supreme Court held that where one spouse disposes of jointly owned marital property without the other spouse’s consent, compensation should be calculated using the relevant market value at the time the dispute is considered by the court, rather than merely the historical sale price.
Supreme Court: Failure to Seek Division of Marital Property Does Not Terminate Joint Ownership
The Supreme Court held that a former spouse does not lose joint ownership of marital property merely because no claim for its division was brought after divorce. Prolonged absence from an apartment acquired during marriage did not, by itself, terminate the former spouse’s proprietary rights.
Supreme Court: Ukrainian Courts Have No Jurisdiction Over Division of Marital Real Estate Located Abroad
The Supreme Court held that Ukrainian courts lacked jurisdiction to determine ownership rights in real estate situated in France. The decision highlights the importance of the property’s location when determining international jurisdiction in cross-border matrimonial disputes.
Supreme Court: Marital Property Claims Cannot Be Used to Establish Ownership of Money Seized as Evidence in Criminal Proceedings
The Supreme Court held that civil proceedings for division of joint property cannot be used to establish ownership of money seized and treated as physical evidence in criminal proceedings. The Court overturned the lower courts’ recognition of a 1/2 share in USD 1,900 and dismissed the marital-property claim.
Supreme Court: Once Marital Property Has Been Divided by a Final Court Judgment, Later Agreements Between Former Spouses Do Not Change Its Legal Status
The Supreme Court held that once marital property has been divided by a final court judgment, the property loses its previous status as joint marital property. Subsequent oral agreements between former spouses do not change the legal regime established by that judgment.
Supreme Court: An Unfinished House Built During Marriage May Be Recognised as Joint Marital Property
The Supreme Court confirmed that an unfinished residential building constructed during marriage with common funds and joint efforts may constitute joint marital property, even before the completed house is formally commissioned and ownership registered.
Supreme Court: A Spouse May Claim Prenuptial Compensation in the Same Proceedings as the Divorce
The Supreme Court confirmed that a spouse may combine a divorce claim with a claim for monetary compensation triggered by divorce under a prenuptial agreement. The case concerned contractual compensation equivalent to USD 225,000.
Supreme Court: Division of Marital Real Estate Requires a Notarised Agreement Between Spouses
The Supreme Court confirmed that spouses cannot validly divide jointly owned real estate through a simple written agreement where Ukrainian law requires notarisation. The ruling arose from an inheritance dispute concerning an apartment acquired during marriage.
Supreme Court: Contribution of Joint Marital Property to a Company Creates a Compensation Claim for the Other Spouse
The Supreme Court confirmed that where one spouse contributes joint marital property to a company’s charter capital, the property becomes owned by the company while the other spouse may claim compensation corresponding to their share in the value of the contribution.
Supreme Court: Business Assets of a Sole Proprietor May Be Divided as Joint Marital Property
The Supreme Court confirmed that property used by one spouse as a sole proprietor may still constitute joint marital property. Commercial assets acquired during marriage with joint funds can be divided between the spouses despite their use in entrepreneurial activity.
Disposal of Corporate Rights Does Not Eliminate a Partner’s Right to Compensation
The Supreme Court held that disposal of corporate rights during a family-property dispute does not deprive the other partner of the right to claim compensation for their share of contributions made to a company’s charter capital using joint funds.
Supreme Court: Family Debts Must Be Considered When Dividing Marital Property
The Supreme Court confirmed that division of marital property requires consideration not only of the spouses' assets but also of debts and obligations incurred in the interests of the family. The case concerned a residential house constructed using bank credit during the marriage.
Supreme Court: Marital Property Division Cannot Be Used to Defeat a Creditor’s Debt Claim
The Supreme Court held that division of marital property cannot be used to avoid payment of a spouse’s debt or frustrate enforcement of an existing judgment. The Court rejected a property-division claim where enforcement proceedings and an attachment over the debtor’s assets were already in place.
Supreme Court: Property Acquired During Marriage With One Spouse’s Personal Funds May Remain That Spouse’s Separate Property
The Supreme Court confirmed that an apartment purchased during marriage may remain one spouse’s separate property where that spouse proves it was acquired with personal funds. The fact of acquisition during marriage alone does not conclusively establish joint marital ownership.
Supreme Court: Privatised Housing May Be One Spouse’s Separate Property Even If Acquired During Marriage
The Supreme Court of Ukraine held that an apartment privatised by one spouse in 2006 constituted that spouse’s separate private property, even though it was acquired during marriage. The case highlights how the date of privatisation determines the applicable marital property regime.
Supreme Court: A Spouse’s Share of Marital Property May Be Increased Where the Other Spouse Fails to Support the Family and Children
The Supreme Court upheld an unequal division of marital property, awarding one spouse 3/4 of the jointly owned apartment after she proved the other spouse had failed for a prolonged period to fulfil parental obligations and adequately support the family.
Supreme Court: Children Living With One Parent Does Not by Itself Justify a Larger Share of Marital Property
The Supreme Court of Ukraine held that the fact that minor children live with one spouse is not, by itself, sufficient to justify increasing that spouse's share of marital property. The Court upheld an equal 50/50 division of the former spouses' apartment.