ESTABLISHMENT OF PERSONAL PROPERTY ACQUIRED ON DURING MARRIAGE REAL ESTATE
ESTABLISHMENT OF PERSONAL PROPERTY ACQUIRED ON DURING MARRIAGE REAL ESTATE
CASE STUDY: The countries are former spouses. Marriage is terminated by divorce 15.03.2014g. The applicant indicates that during the marriage but she became a member of the JAC. Property acquired during the marriage, as it has become entirely her personal property, donated by her parents money that they have paid the entire amount due for the acquisition of property through participation in the JAC. Membership rights it assigns after the purchase price of the property was fully paid. Through this membership acquired ownership of the relevant property, which was equipped with findings Notary Act. since 1996. The claim for the provision of family housing, made of respondent's termination of the marriage was not successful, but he enjoyed the property and refused him access to relatives of the plaintiff. Husband respondent argues that the relevant property was acquired entirely with its own funds.
LAW:
The marriage between spouses was concluded under the SC / revoked / effective from 01.07.1985g., According to the provisions of that property and rights to property acquired by the spouses during the marriage as a result of joint contributions, owned jointly by both spouses regardless of , whose name acquisition, and joint contributions shall be presumed until proven otherwise. Joint contribution is rebuttable statutory presumption and outside the properties, rights on property and bank deposits, acquired before marriage and properties, rights in properties and bank deposits acquired during the marriage by inheritance or donation because they belong to her husband, who acquired them.
To exclude the right of ownership to the defendant the plaintiff must prove that all the funds to pay for the property are donated by her mother.
The donation of a loan from a bank does not automatically lead to the transformation of money into property rights, as though available and delivered to a third party received the amount transferred ownership repayment of the loan relevant fact to establish whether this donation transform property rights.
Right Mr. ownership of specific site built by JAC arise upon termination of the JAC, and it shall be terminated when all members are provided with title deeds. The burden of the plaintiff to prove that the sum was donated by her mother and that this amount is consumed in the cost of housing.
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Attorney at law Iuila Danova
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