Большая доля при разводе

The relationship between the spouses develops within the so-called. -large family, cooperative. As long as the family is part of the cooperative, it does not own separate property. All that the wife has brought The right to a larger share of the family property community is a property right. However, if one of the spouses has invested his / her personal property during the acquisition of a real right, the newly acquired property belongs to this spouse, if it was purchased entirely with his / her personal property. If the spouses have acquired a real right, partly with personal property of one spouse, then the spouse who has invested his property is the sole owner of the part of the acquired, corresponding to the funds invested by him.

It is possible that one of the spouses has invested personal funds in the purchase of a certain object during the marriage, and the other has a significant contribution to the acquisition of common property. Then one of them can file a claim for a larger share of the SIO.

For example:

If the funds were donated by the parents of one spouse, but after the purchase of the property with a loan granted to both spouses and used to repay the loan, the relevant situation is that "the acquired property has legal status of the funds spent on the acquisition '' Undoubtedly the purchased property is in the regime of SIO, and what was given by the parents of one spouse was enough for the full repayment of the loan. In this sense, it is a contribution. The question is whether this donation from the parents can be characterized as a greater contribution and hence a greater share for one spouse.

The significance of the difference must be present not only in relation to one property, but in relation to everything that the spouses have in common. Therefore, in the present case, the determination of a larger share is permissible and possible if the difference in the contribution of both spouses is significant in respect of all their joint property.