The article deals with the legal regime of private enterprise and property rights of the spouses to it. The focus is on the establishment of entities to the property belonging to a private enterprise, human husband, who is not a founder of the private company and its range of options with respect to this property. Points to the need to distinguish between a private company as an entity, and the enterprise as a property complex. Observed different positions of the higher courts of Ukraine on this issue and make suggestions to resolve this problem.