5.1. How is the property (rights in rem) divided?

In the case of the community of property regime, joint property is divided between the spouses pursuant to the provisions on terminating common ownership. According to the Law of Property Act, when co-ownership ceases, property is divided pursuant to an agreement between the common owners. If an agreement is not reached, a court will issue a ruling.

Division of joint property is possible only after the community of property regime has ended (either by death of one of the spouses, by divorce or by concluding a marital property contract establishing a different property regime). Property which has not been divided is presumed to be the joint property of the spouses until divided.

Under the regime of community of accrued gains and separation of property, there is no joint property of the spouses, so there is no division of property.

5.2. Who is liable for existing debts after the divorce/separation?

The same rules as described under points 2.5. and 2.6. are applied.

5.3. Does one spouse have a claim to an equalisation payment?

Regardless of which matrimonial property regime applies, if one spouse makes bigger monetary expenses for the family than the other spouse, it is presumed that the spouse has no right to require compensation for what he/she has contributed more than the other spouse.

Under the community of property regime, if a spouse entitled to administer joint property uses joint property in the interests of his/her separate property, he/she shall compensate for the value of the used property. The compensation shall be deemed to form part of the joint property. If a spouse uses his/her separate property in the interests of the joint property, he/she may request that the value is compensated from the joint property.

Under the regime of community of accrued gains, at the end of the matrimonial property regime, a spouse has the right to demand equalisation and monetary compensation. The community of accrued gains regime ends either by death of one of the spouses, by divorce or by concluding a marital property contract establishing a different property regime or by a court ruling on the request of one spouse.

The part of the property of each spouse that increased during the regime of community of accrued gains (acquired assets) is offset.

In order to be able to determine to what extent the assets are subject to set-off, an inventory of assets belonging to each spouse is drawn up, which lists all the property of the spouses (total assets), showing the property of both spouses when the marriage or the property regime began (fixed assets) and the property of both spouses that was acquired by the end of the marriage or property regime (acquired assets) and the value of these assets.

The following shall not be offset:

• property owned by either spouse prior to marriage;
• property acquired during the marriage gratuitously (such as a gift or inheritance);
• rights arising for a spouse due to a health problem or bodily injury and on the basis of state and obligatory pension insurance;
• assets acquired in exchange for assets not subject to being offset.

Under the separation of property regime, the spouses are treated for the purposes of their property relationship as if they were not married to one another. Thus, a spouse has only recourse to general claims for compensation (such as unjust enrichment, compensation of damages).

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