Sharing - How are the common goods divided?

Blog
03.11.2021
Sharing - How are the common goods divided?
03.11.2021


Sharing refers to the division of common property from a marriage. The division of property can be done during the marriage, at the time of the divorce or later, and only if there is a regime of the community of property. If a marriage has taken place under the regime of separation of property, this process is not necessary.
In most cases, the sharing involves the division of the building that represented the family home, and the solution can be done amicably or not.

In today's real estate blog article are presented all the details regarding the sharing process.

What are the types of sharing?
Divorce division takes two forms: voluntary division and judicial division.
1. Voluntary sharing. It is also called amicable sharing because, in this case, the two spouses agreed on the property that belongs to each other. After they have agreed, they turn to a notary. With the help of the notary, a sharing contract will be concluded, in which each good is mentioned and to whom it belongs exclusively. The costs for this type of sharing are lower.

2. Judicial division. If the ex-spouses cannot agree on the common property, then it is brought before the court. The court will have to listen to each party, analyze all the evidence (bank statements, contracts, etc.) and make a decision accordingly. This option is more expensive, as the parties involved also need a lawyer. The goods are divided in proportion to the share of each.

Usually, the marriage takes place under the matrimonial regime of the legal community, and in the case of divorce, the assets acquired during the marriage are divided. If the spouses have opted for a prenuptial agreement, this measure is no longer necessary.
Common goods refer to those goods acquired during marriage (land, houses, apartments, furniture, electrical equipment, etc.). It should be noted that not all assets that are acquired during the marriage are considered to be co-owned. Certain goods are classified as personal property, and according to the law they are:
• goods obtained before marriage;
• goods obtained by inheritance;
• the goods received by donation, unless the donor expressly provided, in the donation contract, that these goods are common to both spouses;
• personal goods - clothing and personal jewelry, for example;
• intellectual property rights, such as copyright; prizes and rewards; sketches and artistic projects;
• insurance indemnity and compensation for any material damage caused to one of the spouses (for example, in the event of an accident, the amounts paid as damages to one of the spouses will be his or her own property);
• goods, sums of money or any values ​​that replace an own property, as well as the property acquired in its place (for example, if the husband changes the watch inherited from the parents with another clothing accessory, the latter will be his own property);
• fruits of own property (rent of an apartment inherited from parents).

How is a building divided and what documents do you need?
Most of the time, the spouses have to share a property. Depending on all aspects of the property, there are several options that can be implemented:
• the property is an asset acquired by one of the spouses before marriage and is not subject to sharing;
• the property is an asset acquired by one of the spouses before marriage, but pays installments to him with the partner; in the event of a divorce, the other contributing party will be compensated;
• the building was purchased by both partners and is in the name of both; in this case, the division will be made equally (one of them stays with the property and will compensate the other; if neither wants to stay with the property, then it will be sold and the amount will be divided by two;
• the building is purchased during the marriage by both partners, and one had a higher contribution; in this case, the share of the contribution will be given to each one.

Required documents
The documents that must be presented in case of division of a building are the same as in case of sale of one:
• spouses' identity documents;
• deed of ownership;
• cadastral documentation;
• land book extract;
• fiscal attestation certificate, issued for both parties;
• the certificate issued by the owners' association, according to which there are no maintenance debts.


A material by Mirela Ionita

Photo credit: google.ro
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