Our Law Firm has extensive experience in matrimonial property division cases. We successfully represent our Clients at the stage of both mediation and court proceedings. We conduct a thorough analysis of the legal situation, providing our clients with reasonable and optimal proposals for the division of property.
By operation of law, a community of property is created between spouses upon marriage (referred to as statutory community). The spouses may, by means of a marriage contract in the form of a notarial deed, extend, limit or establish property separation or property separation with equalisation of assets.
In the course of community of property, no division of property is allowed and none of the spouses may dispose of or undertake to dispose of the share which, in the event of cessation of the community of property, falls to him or her in the property or in particular items belonging to it. The division of the joint property, whether by contract or by court, is permissible from the time the community of property ceases.
Statutory as well as contractual community ceases in the following cases:
- dissolution of marriage by divorce or court decision on separation
- when the court rules that there is a separation of the property as of a date specified in a judgment
- termination of marriage as a result of death of one or both spouses
- one of the spouses is declared bankrupt
- one of the spouses becomes incapacitated.
A request for division of community property should be submitted to the court in the place where the property is located, and if the community ceased as a result of the death of one of the spouses – to the inheritance court. In the course of the proceedings for the division of the joint property of the spouses, the court also decides, at the request of a party, on the request to determine the unequal shares of the spouses in that property, as well as what expenses and expenditures made from the joint property to the personal property and vice versa are subject to reimbursement.