Division of marital assets
The division of jointly owned assets is the procedure by which the assets acquired by the spouses during the marriage are divided, in accordance with the provisions of the Civil Code. The procedure may be initiated both after the divorce has been granted and during the marriage, in the situations provided for by law, according to the applicable matrimonial property regime and the particular features of each case.
Depending on the specific situation, the legal services may include assistance and representation in the procedure for dividing jointly owned assets, the analysis of the matrimonial property regime, the identification of the jointly owned assets and the personal assets, the establishment of the spouses' shares of contribution, the drafting of the statement of claim, statements of defence, appeals and other procedural documents required to protect the rights and interests of the parties.
The division procedure may concern both movable and immovable assets acquired during the marriage. Depending on the particular features of each case, matters concerning each spouse's contribution to acquiring the assets, the existence of personal assets, the investments made in a personal asset or other circumstances relevant to establishing the rights of each party may also be analysed.
Every division procedure involves analysing the documents concerning the acquisition of the assets, the matrimonial property regime and the evidence that may demonstrate each spouse's contribution. The manner of dividing the assets differs according to the existing assets, their legal situation and the particular features of each case.
Experience gained in handling division procedures shows that each case presents legal and patrimonial particularities that call for careful analysis and a tailored strategy. Managing the documentation and the procedural steps allows the procedure to be conducted within a clear legal framework and facilitates the resolution of matters concerning the division of the jointly owned assets.
Frequently asked questions
Which assets are divided in a division of assets?
In a division of assets, it is, in principle, the jointly owned assets acquired by the spouses during the marriage that are divided, under the conditions provided for by the Civil Code. These may include movable assets, such as cars, sums of money, investments or shares, as well as immovable assets, such as flats, houses or land. Establishing which assets are subject to division depends on the applicable matrimonial property regime, the existing documents and the particular features of each case.
Can the division be carried out after the divorce?
Yes. The division of jointly owned assets may be requested both as part of the divorce procedure, under the conditions provided for by law, and after the divorce has been granted, through a separate procedure. The right to request the division is not lost simply because the divorce has already been granted.
Can the division be carried out if we have not divorced?
Yes. In the situations provided for by law, the division of jointly owned assets may also be requested during the marriage, if the applicable legal conditions are met.
Can a flat or house acquired during the marriage be divided?
Yes. A flat, house or other immovable assets acquired during the marriage may be subject to division, depending on the applicable matrimonial property regime and the legal situation of the asset. The specific manner of division is established in accordance with the legal provisions and the particular features of each case.
How is each spouse's contribution to acquiring the assets established?
In the case of the statutory community of property, the spouses' contribution to acquiring the jointly owned assets is presumed to be equal, so that, in principle, the assets are divided in equal shares. This presumption may be rebutted if one of the spouses proves, through the evidence adduced in the case, a different contribution to acquiring the jointly owned assets. In the case of other matrimonial property regimes, the rights of each spouse are established according to the matrimonial agreement and the applicable legal provisions.
How long does the procedure for dividing jointly owned assets take?
The duration of the procedure depends on the complexity of the assets, the existence of an agreement between the parties, the evidence to be adduced and the time limits set by the competent court. Each case is resolved according to its particular features and the applicable legal provisions.
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