In the case of a divorce, partition is not compulsory, and it can be done at any time after divorce in front of a notary in the case of a friendly deal or in front of a judge. The sharing of goods means the sharing of common goods acquired during marriage and does not take into account the individual property of each husband.
Our Romanian lawyers are here to provide needed legal assistance for reaching a mutually advantageous settlement.
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Types of personal goods targeted for divorce settlement purposes
In the category of personal goods we have:
- Goods for personal use;
- Goods acquired by one of the spouses by donation, inheritance or tying;
- The goods your spouses already had at the time of marriage;
- Goods used for the exercise of the profession of one spouse.
These are not subject to division following divorce and our lawyers in Romania can explain more about how these types of goods are treated.
The common goods category includes the following:
- Wedding gifts;
- Common goods acquired through donation, tied or inheritance (being specified by the owner as a common good);
- Luxury goods, jewelry that, although used by a single husband, are considered common because of the high value.
If you own these types of goods, you will need to negotiate and agree on their division. The team of experts at our law firm in Romania can assist.
The most complicated part is the construction partition, with several situations such as:
The building is built on the grounds of one of the spouses:
- It is good common if, with the consent of the husband who owns the land, the means of construction are used in the hunting community;
- Construction is not common if the construction was done by common means without the consent of the landowner. In this case, if the husband on whose land the immobile is built, the other husband can get a compensation;
- Construction of common good if both spouses raise the building with common means;
- A husband remains the owner of the land (being his own) and the other acquires the right of superficies, in case a husband raises the building with his own means without the consent of the husband who owns the land.
The divorce specialists at our Romanian law firm can give you more details about each of the situations presented above.
2. The building is built on a land where both spouses are the owners:
- If a husband raises the building with his own means, with the agreement of the other, the husband builder owns the property as his own, and the other acquires the right of superficiality;
- If a husband raises the building with his / her own means, without the other’s consent, the builder’s husband can get damages; our lawyers in Romania can provide more details;
- The construction is good common, then the cans are raised with the consent of both spouses and from own and common means.
Also, the concubines or the future spouses can agree that at the time of marriage, a building built on the name of one, but to which both have contributed, may enter under the regime of the property community.
In the event that there is a case before a judge, in the absence of an amicable agreement between the former spouses, the first step is to initiate the process by initially informing the elements and the procedure to be followed. The most appropriate is to consult one of our Romanian lawyers specializing in divorce, shares and identification of the court where the trial will take place. The next step is to submit the application to the competent court and then begin the process of collecting the necessary documents to be filed. It is necessary for the file to be filed personally, with or without the presence of the lawyer if it is filed with the request for divorce. If the divorce is separated from the divorce, the case may be filed by the lawyer.
The partition can be quite elaborate, depending on the situation, and the lawyer has the role of providing control over the process and the correct drafting of all legal documents. Our attorneys are specialized in parts and can offer you free advice. Do not hesitate to contact our lawyers in Romania.