The main difficulty when dividing property after a breakup without an official marriage is not the fact of cohabitation itself, but the obligation to prove that the couple lived as one family in the legal sense. Property registered in the name of one of the partners is considered their personal property by default - the burden of proof lies with the one claiming a share, explains Anna Saliienko, a lawyer at Prikhodko & Partners Law Firm.
The couple can resolve property issues after a breakup voluntarily or through court.
The legal basis for such disputes is laid down in Article 74 of the Family Code of Ukraine: property acquired by a man and a woman who lived as one family without an official marriage belongs to them by right of joint common ownership, unless otherwise established by a written agreement. However, the norm applies only under one condition: neither partner can be in another registered marriage at the time of cohabitation. If one of them is officially married to another person, Article 74 does not apply.
According to Part 2 of Article 3 of the Family Code, a family is formed by persons who simultaneously cohabitate, are connected by a common household, and have mutual rights and obligations. All three characteristics must exist together and be stable. Infatuation, joint trips, joint photos, and even long-term romantic relationships do not in themselves create a family in the legal sense and do not entail any property consequences if these three characteristics are not present in their entirety.
The proven fact of joint family cohabitation is only the first level of proof. To claim a specific item - an apartment or a car - it is also necessary to prove that it was purchased with joint funds or joint labor and in the interests of the family. When evaluating property in such cases, the Supreme Court analyzes three criteria: the time of acquisition of the property, the source of funds for its purchase, and the purpose of its acquisition.
The court evaluates the real way of life, not the "relationship label." In practice, this means specific details: how the person perceived the dwelling - as their own or as a temporary refuge; whether there were everyday items there; whether they paid utility bills; whether they celebrated holidays together; whether they combined incomes; whether they introduced each other to their families.
What evidence does the court accept?
testimonies of relatives, neighbors, friends;
joint photos and videos;
receipts and bank transfers between partners;
joint tickets and bookings from trips;
documents for utility payments;
registration at the same address;
joint loans or contracts where both are involved;
correspondence.
No single document or testimony alone is decisive - the court evaluates everything in its entirety.
A separate nuance concerns real estate purchased in installments or under an investment agreement. Here, the key is not the date of receipt of the certificate of ownership, but the period of making payments. Only the share that was paid with joint funds during the period of cohabitation is subject to division.
The most reliable way to protect your interests in a civil marriage is to conclude a written agreement on the legal regime of property and keep evidence and receipts for large purchases, Saliienko recommends.
