Division of matrimonial assets as a consequence of a divorce decree. The detective advises

This institution facilitates the process of dividing common marital property. As a result of the prenuptial agreement, the structure of property separation is adopted. This means that the contract concluded between the parties before the wedding determines what belongs to each of the spouses. In this situation, the court cannot decide on the division of these assets between the spouses.

Components of the property of the spouses subject to property separation.
If the spouses have not signed a prenup, joint property is divided during the divorce process. This means that the type of assets attributable to each of the spouses is determined by means of procedural decisions.
Assets acquired during the marriage include, among others:

  • the parties' apartment
  • car
  • real estate remuneration and income of each spouse, i.e. remuneration for work and income from business activity
  • funds accumulated in a bank and pension account
  • income from rent, lease, etc.

Equal division of matrimonial property after the dissolution of the marriage.
If the spouses have concluded an agreement and agreed on the form of division of the matrimonial property, each of them will receive what is contained in the terms of such an agreement approved by them. There is no doubt that in such a situation the division of matrimonial assets is the least complicated and proceeds very smoothly. When it comes to the formal side of such a solution, i.e. the division of matrimonial property on the basis of the joint will of the parties, the relevant document is presented to the court in the form of a notarial deed.

Unequal distribution of assets.
As a rule, joint matrimonial property is divided equally between the spouses. However, there is an exception to this rule when one of the spouses contributes disproportionately less to the maintenance of the family. Then, the court, guided by the principles of justice and life experience, may decide to award a larger part of the matrimonial property to one of the spouses. In a situation where there is no agreement between the spouses as to how to divide the joint matrimonial property, the court decides.

Components of the matrimonial property that cannot be the subject of property division.
There are some assets that do not have to be shared with your spouse. Such assets include items acquired by the spouses before the marriage. For example, if one of the spouses purchased a flat, car, real estate or household appliances before the wedding, these goods remain his sole property and cannot be the subject of property division.

Inheritance and donation, and property separation.
In the case of an inheritance or a gift to one of the spouses, even if one of the spouses received an inheritance or a gift during the marriage, the assets are covered by his/her sole property. What's more, all items acquired as a result of inheritance or donation are his sole property. This means that they cannot be part of the matrimonial property and thus remain beyond the jurisdiction of the court conducting the divorce proceedings.

Things and personal rights in the process of division of matrimonial property.
The matrimonial property cannot also include items belonging to each of the spouses that meet their basic needs, so for example clothes, cosmetics, mobile phones, as well as copyrights, prizes and inalienable rights are not divided.

Separation and division of property.
In separation, the division of marital property is the same as in divorce. As a rule, common goods are divided equally, and items acquired before the wedding remain the sole property of the spouse who acquired them.

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