Indivisible ownership of property between former spouses
Indivisible ownership of property between former spouses
Rights on the property during and after marriage
Both spouses must be clear on key issues relating to the ownership of property acquired during or outside of marriage.
1. Property acquired by one spouse during the marriage, but lasting physical separation is not common to both spouses.
2. The established during the marriage, building on the estate, personal property of one spouse is included in matrimonial property if it is finished to a certain degree of autonomy under construction with mutual contributions of both spouses.
3. Property acquired by one spouse during marriage against undertaking maintenance and care of the transferor is a family owned property, although only under the contract he has taken all care.
4. Acquired real estate during the marriage by a sole trader as a result of its business and recorded as assets in the balance sheet of the company are his personal property.
5. Sole trader with incomes that exceed significantly the contribution of the other spouse, formed by the investment of money and labor, childcare and work domakinstvototo can claim a greater contribution to the family property.
6. Loan for the purchase of property obtained by her husband before marriage and paid during marriage is personal property.
7. Getting a loan to purchase the property with personal funds of one spouse during the marriage does not exclude matrimonial property, and generates only oblikatsionni relations between the former spouses.
8. Insignificant are statements during the marriage by one spouse to admit a larger stake in family community property of the other spouse.
3.2. OWNERSHIP after the dissolution of marriage
Divorce both spouses must well know the laws for personal property and it acquired during the marriage.
Until recently, there was an opinion that her husband cared for the children and although considerably less authority received income from the other spouse during the marriage, there is equal contribution to the property.
In the Family Code lays down the principle of fair settlement of property relations after the termination of family relations on the contribution that each of the former spouses is their creation.
On this basis, the court may determine ex-husband larger share of immovable property that has been a family community when its contribution substantially exceeds that of the other spouse. This can happen even though the other spouse has fulfilled its obligations according to their abilities, and has provided welfare of the family.
Under the law, every owner can use the common property in accordance with its purpose and in order to not interfere with other owners' use according to their rights.
When common property is used personally by some of the owners, they owe compensation to others about the benefits of which are deprived from the date of the written request.
distribution of the benefits of co-owned property can be done in two ways - by providing real part of it for use of each co-owner in which the property is used by all owners or by providing it consistently for use of each owner for a certain period . The provision of Art. 31 AA provides an explicit precondition for the right to compensation for unused personal use co-owner of the common property.
When one of the co-owners has found a buyer for its stake - third party who is not a co-owner, it can sell its stake and only provided that the first offer to another co-owner under the same conditions, ie for the same price at which it sells third party. Whoever wants to sell can offer anyone from co-owners, without being obliged to offer it at all. But in case of failure of one co-owner to a valid sale of third party waivers are required of all owners.
It must have written evidence to verify a valid proposal. Only after there is a refusal of all owners can place the sale. Before the notary seller sign a written declaration that none of the co-owners has not accepted the proposal.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg