Not Always Equally — How to Divide an Apartment During a Divorce.

When a couple divorces, the apartment often becomes not only a shared memory but also a source of conflict. In 2025, the issue of dividing housing between husband and wife remains complex — both legally and emotionally. However, it is essential to understand this matter, especially if the property was acquired during the marriage.

According to Article 60 of the Family Code of Ukraine, all property acquired during marriage is considered joint property. It does not matter whose name the apartment is registered in — both have equal rights to it.

However, there are exceptions:

• the apartment received as a gift or inheritance;
• the property purchased before the marriage;
• the apartment bought with personal funds (for example, prior to marriage or after the sale of personal property).

Such objects are the private property of one spouse. However, even in these cases, the other spouse can claim a share or compensation if, for example, joint funds were invested in renovations or extensions.

Dividing the Apartment: When and How to Initiate the Process

It is important to know that an apartment can be divided not only after divorce but also during the marriage. The main thing is to observe the three-year statute of limitations from the moment the right was violated.

As lawyer Halina Nikolaeva emphasizes, you should start by determining the status of the property, gathering evidence, consulting a lawyer, and choosing a method of division.

Methods of Division: From Mutual Agreement to Court Proceedings

Voluntary Division

The fastest and least painful option is an agreement. The couple enters into a notarized contract, which specifies:

• who receives the apartment (or a share),
• the amount of monetary compensation,
• the payment terms.

Court Division

If there is no agreement, the case will be decided by the court. Usually, by dividing the apartment in half. However, the court may deviate from the principle of equality if:

• there are minor children;
• one spouse is ill or incapacitated;
• one of the spouses concealed or destroyed property;
• one spouse acted to the detriment of the family's interests.

Buying Out a Share

A classic option when one wants to keep the apartment for themselves. The other receives monetary compensation calculated at market value.

Sale of Property with Distribution of Funds

This is the option when a buyout is not possible. The apartment is sold, and the proceeds are divided between the spouses. The procedure is more complicated but fair.

In the case of a divorce, spouses have different options for dividing joint property, including voluntary division, court division, buying out a share, or selling the property with subsequent distribution of funds. It is important to note that in Ukraine, legislation clearly regulates this process, taking into account various situations and the possibility of conflicts between former spouses.