5 What are the consequences of divorce/separation?
5.1. How is the property (rights in rem) divided?
The community is dissolved by divorce (Article 1441 CC). Upon dissolution, each spouse retakes possession of his or her separate property, if it still exists in kind, or the property subrogated thereto (Article 1467 CC).
A reimbursement account is subsequently created, tracing the reimbursement which the community owes to each spouse and which the spouses owe to the community (Article 1468 CC).
Distribution takes place thereafter (Article 1475 et seqq. CC). Failing amicable agreement, the court will adjudicate between the parties.
5.2. Who is liable for existing debts after the divorce/separation?
Where one spouse incurs a debt individually, he/she may be sued for the entirety of the debt. The other spouse may only be sued for half of the debt, except in the event of joint and several liability (Articles 1482 and 1483 CC). A spouse may not be sued for the other spouse's personal debt.
5.3. Does one spouse have a claim to an equalisation payment?
No.
