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

The shares of the spouses in the community property shall be presumed to be equal (Art. 3.117(1) of the CC).

Before dividing the community property of the spouses, first the community property and the respective personal property of the spouses shall be established. The community property shall first be used to pay the debts that have fallen due and are payable from this property. Where the balance of community property is positive it is divided equally between the spouses, except in cases provided for in the Civil Code (Art. 3.118 of the CC).

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

The spouses shall remain liable for joint debts even after divorce as co-debtors.

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

Where the value of the property awarded by the court to one of the spouses is greater than his/her share in the community property, that spouse shall be obliged to pay compensation to the other spouse (Art. 3.117(3) CC).

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