What counts as common property
Under article 23 of the Family Code, property acquired during the marriage is common joint property, whatever name it stands in. It covers wages, income, a home that was bought, transport and savings.
What stays personal
Under articles 25 and 26 of the Family Code, the following is the property of each spouse:
- property that belonged to the spouse before the marriage;
- property received by inheritance or as a gift;
- items of personal use (items of luxury are the exception).
How the division works
Under article 28 of the Family Code, the general rule is equal shares, unless the marriage contract says otherwise. The court may depart from equality on the grounds of the interests of the minor children, or of a noteworthy interest of one of the spouses. For example, when the other spouse received no income for invalid reasons, or spent the common property to the detriment of the interests of the family.
Practical advice
Prepare an inventory of the property with the documents: sale contracts, receipts, bank statements. Under article 72 of the Civil Procedure Code, each party proves the facts it relies on. So the burden to prove that property is personal falls on the party that claims it.