Division of an Apartment in Joint Ownership - How Not to Lose Your Share.

Ukrainian legislation contains clear rules regarding joint ownership of an apartment. This form of ownership usually applies to spouses who have jointly purchased real estate during marriage.

This ownership includes an apartment purchased with joint funds, property acquired by one of the parties, as well as real estate inherited or gifted during marriage. In the event of an inability to physically divide the apartment, one spouse may receive monetary compensation by agreement with the other party or through a court decision. Moreover, both after divorce and in the case of children or dependents, the division of property requires the consent of the guardianship authority.

As of 2025, the rule still applies: shares are considered equal unless proven otherwise. However, the court has the right to deviate from this norm.

In particular, the court may change the shares if one party has not supported the family or has spent money without consent, concealed or destroyed joint property, used the property in professional activities, or lived with children or disabled relatives. In such cases, one spouse's share may be larger.

• An agreement or court decision is required.
• The allocated share becomes a separate object.
• The former co-owner loses the right to all other property.

This is possible, but only after the share is determined and allocated in kind. Until then, the property is indivisible - and no agreement regarding the sale of a part has legal force.

The rules for dividing an apartment and ownership of real estate in Ukraine are important to avoid potential problems in the future. Verifying ownership rights through official state registers is crucial when buying, gifting, or inheriting real estate.

The article provides useful information regarding the rules of joint ownership of an apartment in Ukraine. It is important to consider these nuances when jointly purchasing property during marriage and divorce to avoid potential legal problems in the future.