Property division as an indulgence: how officials save millions from arrest
25 November 2025 15:41
ANALYSIS FROM 
The wife of former Deputy Prime Minister Oleksiy Chernyshov, Svitlana, filed a lawsuit to divide their jointly acquired property. As you know, the former official is involved in corruption cases. Svitlana Chernysheva is not the first to try to save her property by removing it from arrest, as there is no question of divorce. Before that, the wife of the fifth president of Ukraine, Petro Poroshenko, also divided the jointly acquired property, but unsuccessfully. In Ukraine, this method of saving assets worth millions or even billions from seizure and confiscation to the state, if the court makes such a decision, is not new. However, property division has recently become very popular in Ukraine.
According to lawyers, the number of Ukrainian women “with dowries” is growing every year. Husbands and children are actively transferring their property and businesses to their wives and mothers, some receive inheritances and millions in payments, and some simply divide their jointly acquired wealth and become fabulously rich. There is already a certain trend of rich wives of Ukrainian officials and politicians. But as soon as someone starts to divide the jointly acquired property, it means that the case smells like kerosene, or rather, the confiscation of this very property.
Svitlana Chernysheva filed a lawsuit to divide her property a month ago, according to the Judicial Power of Ukraine portal. The hearing has not yet taken place, so it is difficult to understand what exactly the wife of the former top official is claiming. Her lawyer, Daria Zalozna, told reporters that her client is an entrepreneur and is going to take her share of the property. As you know, most of Chernyshev’s property was seized after he was suspected of abuse of office and obtaining an undue benefit in particularly large amounts for himself and third parties. Chernyshov became the sixth suspect in a large-scale corruption fraud in the construction sector involving other officials.
This summer, the Chernyshovs’ 208.7-square-meter apartment in Kyiv and accounts in Ukrainian and foreign banks (over UAH 50 million and over EUR 100 thousand) were seized. This is not including the cash seized during the search, 9,625 government bonds, corporate rights and securities of AM PROPERTY GROUP LLC, a Toyota Land Cruiser 200, and a 41.9-square-meter apartment in the capital. However, the Court of Appeal overturned the seizure of some of the securities held on AM PROPERTY GROUP’s accounts with FUIB and DALIZ-FINANCE.
If we recall that Chernyshov was first released on bail of UAH 120 million, of which UAH 10 million was paid by his wife and the rest by third parties, and recently he was again “pulled out” of the pre-trial detention center for UAH 50 million, his wife really needs the money.
The court may refuse to divide the property
Lawyers believe that Chernysheva has a chance to sue for part of the joint property. But not everyone is lucky. Last year, Marina, the wife of former President Petro Poroshenko, filed a lawsuit to divide her property with him. The price of the claim was UAH 17,102,703,811, which far exceeds the statutory threshold for simplified proceedings. The Kryzhopil District Court of Vinnytsia Oblast closed the proceedings due to the absence of a dispute. Allegedly, it was not proven that the disputed “good” was purchased with the wife’s income. Instead, Maryna was refunded UAH 15,640 of the court fee, but was prohibited from filing a lawsuit between the same parties and on the same subject matter.
It is understood that Maryna filed the lawsuit after Petro Poroshenko’s property was seized on suspicion of treason and terrorist support as part of an investigation into the illegal supply of coal from the occupied territories. Due to the sanctions, Petro Poroshenko is unable to transfer his share of the property to Maryna, although she is not under any restrictions. It was to protect this right that the lawsuit was filed. And the Poroshenko couple did not even hide this.
Just business and a little bit of personal
This phenomenon is indeed often discussed in Ukrainian society – and there are several practical, legal and psychological reasons why officials who are under threat of criminal prosecution begin to urgently “share” property with their wives or other relatives. This is an attempt to protect assets when proceedings are opened against an official, and investigating authorities can seize property, block accounts, and initiate confiscation. Transferring assets to a spouse/relatives is a way to remove the property from the direct possession of the suspect so that it cannot be arrested.
“When the property is registered in the wife’s name, it is more difficult to prove its connection to corruption (especially if it was formally personal, gifted or ‘earned’ by the wife during the marriage). That is why almost all officials or civil servants have wives who are successful entrepreneurs and, judging by their declarations, earn much more than their husbands. After all, most transactions go through their companies, kickbacks are merged there, and income is legalized through them,” says
In Ukraine, there is a regime of joint matrimonial property. If a male official is under investigation, he can claim that part of the property belongs to his wife and that the income was “family” and it is difficult to prove its origin. This makes it easier to withdraw assets in favor of the wife.
“Sometimes officials are afraid of sanctions, public pressure, and verification of the origin of assets. The transfer of property to the wife minimizes what can be frozen by international structures,” the lawyer notes.
In addition, they often resort to a “fictitious” divorce, during which the property is “divided” – in fact, it is simply transferred to the wife. The official continues to use the same property, but legally it is no longer his.
This works because family disputes are resolved faster than criminal ones, and courts do not always check the truth of the motive.
When it would be easier to come to an agreement
There is something else that is surprising here. According to the law, corruption suspects could take out insurance before they became involved in criminal cases. That is, if they decided to engage in “dirty” business, they could have thought in advance about how to preserve at least what they already have. To conclude with the other half an agreement on the division of property, which is concluded voluntarily by mutual consent of the spouses, – notes
“The content of the agreement is determined by the spouses themselves: what they get, in what shares, and on what terms. It can be concluded at any time during marriage or after divorce. Only real estate agreements require notarization.
After all, people usually go to court if the spouses do not agree. The court divides the property according to the law: usually in half, but it may deviate (for example, if one of the spouses did not participate in the maintenance of the family, spent the joint budget, or has children’s interests).
In addition, the agreement can be drawn up in 1-2 days at a notary’s office. Costs: notary fees, technical work (usually cheaper than a court proceeding). And the trial itself can take from several months to a year or more, and it will not be free: you will have to pay a court fee, possible expenses for a lawyer, expert examinations, and property valuation.
The agreement can specify any convenient terms: transferring the property not in half, taking into account the contribution of each party, including obligations (compensation, payment terms), assigning specific things to each party. You can also include things that the court will not consider (for example, moral agreements, the order of use).
The court is strictly based on the law and evidence. In other words, you cannot include conditions that the spouses would like, but which are not provided for by law.
The agreement comes into force immediately (unless another term is specified). In case of breach of the terms, you can demand fulfillment as under a civil contract. A court decision may be appealed to the court of appeal/cassation. If the party fails to comply, the bailiffs are involved.
“A contract is a transaction between spouses. A court decision is an act of authority of the state that resolves a dispute. A contract is more beneficial if the relationship is more or less normal, or if you need to reach a quick and flexible agreement, or if you need to fix an unequal or non-standard division. The court will help if the other spouse does not agree, if the property is being hidden, or if it is necessary to officially recognize the property as personal/joint property. If the court is expected to make a more favorable decision,” says attorney Yana Spivak.
However, a strange phenomenon is observed in Ukraine: Ukrainian officials and businessmen begin to divide property with their wives only when they face criminal liability. And in this case, the only option is to go to court, because it’s too late to conclude an agreement. And the property needs to be protected from possible confiscation somehow.
Author: Alla Dunina
