Liquidation of the Matrimonial Commune Property

In general, the Civil Code provides for three possible ways of dividing the matrimonial commune property (SJM).

The first and most desirable method is the division of the matrimonial commune property by agreement. Under such agreement (which is subsequently approved by the court), the spouses settle all the assets belonging to the community of property, i.e. both assets (movable and immovable property) and liabilities (loans, mortgages, etc.). Although an agreement is usually advisable in non conflictual divorces, it is recommendable to be assisted by a lawyer. In fact, if the agreement is not drafted correctly, it may happen that the spouses forget to settle all the assets, which may cause considerable difficulties in the future.

If it is not possible to reach an agreement on the division of the matrimonial property, each spouse is entitled to bring an action in court for the division of the matrimonial property. In these proceedings, the court ascertains not only the actual state of the property but also the causes of the breakdown of the marriage, which may affect the outcome of the proceedings.

If no agreement on the division of the matrimonial property is concluded and no action for the division of the matrimonial property is brought within three years of the dissolution of the matrimonial property, the so-called irrebuttable presumptions of the division of the matrimonial property under the Civil Code apply. Thus, the settlement will take place according to the general rules of the Civil Code.