In Ukraine, an increasing number of couples choose to live together without officially registering their marriage. However, after a breakup, the question of dividing shared property can turn into a protracted court process. This was explained in a comment to RBC-Ukraine by lawyer Denis Nagornyuk, Managing Partner of the law firm «AXIOS PARTNERS». According to him, if the marriage was not officially registered, dividing property after the relationship ends is significantly more complicated than for spouses whose rights are protected by family law.
Two Key Facts That Must Be Proven in Court
A partner claiming a share of property acquired during a period of cohabitation is required to prove two key facts in court. The first is the very fact of a family relationship, that is, cohabitation on the basis of a marital relationship. The second is direct participation in the acquisition or improvement of specific property. Only after both facts are established can the court move on to the question of property ownership and the size of each partner's share. Cohabitation and participation in the acquisition or improvement of property can be proven in various ways: from witness testimony of neighbors and relatives to financial documents confirming joint expenses.
Financial Evidence and the Problem of Cash Payments
Particular importance in such cases is given to financial evidence that both partners contributed funds to the acquisition or improvement of property. However, as Nagornyuk emphasizes, one of the most common problems arises precisely from the lack of documents. Partners may transfer money in cash, pay for renovations without keeping receipts, or jointly build a home without recording their expenses. In the event of a conflict, proving such facts in court is significantly more difficult, since the court relies primarily on documented facts. The mere fact of cohabitation is not enough — it is important to confirm that specific property was acquired precisely during this period and with the participation of both partners.
The «It's Obvious Anyway» Misconception and the Risks of Missing Documents
Another common misconception, as the lawyer points out, is the belief that after several years of living together «everything is obvious anyway» and no documents are needed. If property relations are not documented, after a breakup one of the parties may be left without evidence of their participation in the acquisition or improvement of property. The problem is especially acute when an apartment, house, or other expensive property is registered in the name of only one of the partners. In such a situation, the second partner, after the breakup, will have to prove their participation in the acquisition of the property, and without receipts, contracts, and bank statements, doing so is extremely difficult.
Lawyer's Recommendations: How to Protect Yourself in Advance
Denis Nagornyuk advises couples living without an official marriage to settle property matters in advance. First and foremost — to conclude a written agreement on property relations, specifying each partner's share in the joint property and the procedure for its division in the event of a breakup. Second, to properly document each contribution to the acquisition or improvement of property: keep receipts, bank statements, renovation contracts, and material handover certificates. This approach helps avoid years-long court disputes and minimizes the risk that one of the partners will be left without their share. It is important to note that this material is for informational purposes only and does not constitute legal advice. If you need legal assistance or interpretation of the law, it is recommended to consult a qualified lawyer.
