Sharing of Common Goods
Insofar as the spouses have not entered into a convention on the matrimonial regime, the goods acquired during the cohabitation of any of the spouses are common property of the spouses.
By sharing, the common goods acquired by spouses during marriage are shared among them.
The method of sharing common goods may be determined by the spouses by mutual agreement or will be determined by the court after the administration of the relevant evidence.
- Negotiation for sharing agreement by agreement;
- Legal advice on issues specific to sharing;
- Legal assistance and representation in the sharing of common goods;
- Draft action / welcome / counterparty request;
- Sharing of common goods during or after marriage;
- Transaction drafting.
The main assets that may be subject to divorce split
- Mobile goods purchased during the marriage by any spouse;
- Real estate acquired during marriage by any of the spouses, even in the name of one of them, while the amounts of money used for the purchase come from amounts that can be considered as a common good;
- Amounts of money that have been spent as an advance on the conclusion of a finance lease (ie the option to purchase the property at the end of the lease) and the monthly lease rates as long as the movable good is still possessed on the basis of the contract leasing and cannot enter with its entire value, in the mass-sharing (personal opinion);
- The amounts of money in current accounts opened on the names of both spouses or on behalf of one of them, as these sums of money can be integrated into the mass;
- Entitlements arising from loans that spouses or only one of them have granted to third parties and not fully or partially repaid by the debtors;
- The value of the property, the exclusive property of one of the spouses (improvements and capital repairs that do not change the legal nature of the property and are made by both spouses).
- Other entitlements and real rights.
Goods that cannot be divisive after divorce
- Movable or immovable property received by one of the spouses as inheritance;
- Mobile or immovable property received by one of the spouses as a donation, when the donor does not specify that the donation is for the benefit of the other spouse;
- Social shares held by one of the spouses in a commercial company;
- Fruit and produce from the property of one of the spouses, for the fruits to become common good, it is necessary for both spouses to contribute to their achievement;
- Claims born before marriage and completed during the marriage;
- Goods for personal and exclusive use;
- Goods intended for the exercise of the profession;
- Scientific or literary manuscripts, sketches, and artistic projects, inventions and innovations projects;
- Goods acquired during marriage by one of the spouses with sums received from the alienation of one’s own good;
- The insurance indemnity received as a result of the damage suffered by the deterioration/destruction of a good;
- The sale price of a good;
- Goods obtained by exchange with one’s own;
- Goods obtained after the separation of the spouses;
Contribution of spouses to the acquisition of common goods
- Typically, husbands’ contribution is presumed to be equal to 50% to 50% of all common property.
- If the spouse can prove that his or her participation was higher, he can get a higher share (eg 80% -20%).
- Examples of situations that may influence the share of each spouse
- Income earned from salary and any other income earned from the provision of remunerated activities/services or copyright or patents, sponsorship, etc .;
- Donations in the form of money that have been spent in the interest of the house;
- Inheritances whose value was used to support the house’s expenses;
- The amounts of money that one of the spouses paid during the marriage for the benefit of a third party;
- The sums of money that one of the spouses scattered for his personal pleasures;
- Work in the household;
- The amounts of money that one of the spouses used to pay their own debts.
- In kind, in proportion to the share of each co-owner that will be settled;
- Assign all good to a spouse in favor of one of the spouses at their request;
- Sale of the good and distribution of the price: the sale of the good is done in the manner laid down by the spouses and in case of misunderstanding, at the public auction, under the law, and the distribution of the price will be in accordance with the quotas established, by mutual consent or by the court.
Value of shared assets
It is agreed by spouses / ex-spouses. The advantage of mutual agreement is that it avoids the costs of the evaluating expert and avoids the prolongation of the settlement time.
At the value to be set for all shared goods, the stamp duty is calculated at 3%.
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