The prerequisites for granting the claim for part of the personal property are:
1. There has been a marriage and this marriage has been terminated by divorce, not by the death of one of the spouses;
2. During the marriage, one spouse has acquired certain property, which is used for the exercise of his profession, including the hypotheses of property and / or real rights acquired as a sole trader and includes his business enterprise by the amount of Art. 15 CA or deposits / incl. claims arising from shares or shares in trading companies /
3. the acquired property subject to the claimed claim is of considerable value;
4. the claimant of the value of the personal property a spouse has contributed to the acquisition by his labor, by his means or by work in the household
For example, when:
- The participation of the non-owner in the finishing of the dwelling can only be a source of investment-linked bonding
- An individual spouse may claim part of the value of the property for the pursuit of a profession or share of the property of the other spouse, which is his personal property and is therefore excluded from the spouse's property community,