SUBDIVISION IN DISCONTINUED Community Property


SUBDIVISION IN DISCONTINUED Community Property

 
Matrimonial property significantly differs from ordinary ownership. It is a new legal category of common joint property where the spouses have no certain shares.
According to Art. 28 SC '' Upon termination of community property share of the spouses are equal. ''
Judgment for filing claims for determination of - a large share after termination of the MPC is strictly personal husbands, so that those claims can not be brought by the creditors of one of the spouses under Art. 134 CPA.
Community property occurs on the property and rights acquired by the spouses during the marriage as a result of joint contribution, regardless of whose name they were acquired.
Upon termination of the community because of divorce the court may specify a larger share of the common property of one spouse if his contribution to the acquisition significantly exceeds the contribution of the other spouse when the divorce decision is not in the claim procedure, and in the production divorce consent / guarding production / in which only the court approved an agreement between the spouses on their property relations on the occasion of the acquired during the marriage property regime MPC. Where the purchase ground acquired during the marriage the spouses property is onerous contract signed by both spouses as parties to the transaction, their rights to ownership are aligned achieved stipulations in the contract, taking into account the contribution of each spouse to the acquisition of property.
It is true that under Art. 21, para. 1 of the current Family Code property rights acquired during the marriage as a result of joint contribution, owned jointly by both spouses, regardless of whose name they were acquired. It is also true that the regime of matrimonial property is designed to account for and settle the legal status of real estate acquired for consideration of common resources and joint efforts of both spouses. But it is also true that the legal presumption is rebuttable.
To uphold the claim for contribution in respect of the common property of the former spouses, implicitly accepts that it should be established that the volume of total assets - all acquired by spouses movable and immovable property. Not establishing movables, which are allegedly acquired during the marriage as total assets exclude the possibility to determine the larger contribution.
 


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SUBDIVISION IN DISCONTINUED Community Property SUBDIVISION IN DISCONTINUED Community Property