Key Points:
- Law and Status: According to Article 74 of the Family Code, the property of a couple living together without a formal marriage is held by them as joint property, provided that neither partner is in another registered marriage.
- What “Constitutes” a Family: Feelings alone, a long-term relationship, or shared photos do not constitute a family—mandatory elements are required, such as living together, sharing a common household, and having mutual rights and obligations of a lasting nature.
- Evidence of cohabitation: Proving that a couple lived as a family is the most difficult part—the court evaluates a combination of factors (witness testimony, utility bills, a shared budget, photos, trips, registration at the same address, etc.).
- How property is divided: Even if cohabitation is proven, it must be separately demonstrated that a specific item was purchased with joint funds or through joint labor and in the family’s interest (the burden of proof lies with the party seeking division).
- Nuances regarding real estate: if a home was purchased on an installment plan or under an investment agreement, the key factor is the period during which payments were made, not the date the title deed was obtained (only the portion paid for with joint funds during the period of cohabitation can be divided).
- Lawyer’s advice: The best way to protect yourself is to formalize agreements in a written contract regarding the legal status of property, and to always keep evidence and receipts for major purchases.
What the Family Code Says: The Key Provision
According to the expert, the key provision in this matter is Article 74 of the Family Code of Ukraine. “Property acquired by a man and a woman who lived as a family but were not in a registered marriage…”
