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How to change the property relations regime with my spouse?

Often, due to emotional or practical reasons, during their marriage spouses have to change the regime of their property relations. It is not a rare case when the reason for such a change is a spouse’s desire to acquire some property only for himself/herself, but it is impossible while the legal community property regime is into force.

What does “community property regime” stand for?

This is the “general baseline” – when at the time of marriage spouses have neither chosen a separate property regime, nor have concluded a marriage agreement. Under the community property regime, all real estate and rights in rem (right of use, construction rights, easements, etc.) acquired during marriage by joint contribution become common indivisible property of both spouses. Property is indivisible because neither spouse possesses his/her own ideal or real parts of the property. The lack of joint contribution (generally presumed by law) is difficult to prove, which is why spouses often explicitly regulate their property relations. Apart from a marriage contract, such regulation is also possible by switching to a separate property regime during marriage.

What are the steps to transform common property regime into a separate property regime?

Firstly, spouses should altogether sign a joint declaration with notarized signatures for selection of separate property regime:

Amendment to the act of civil marriage

Amendment with the Register of Property Relations between Spouses (the Register”)

Enforceability of the change in time

After completion of the procedural steps above, the separate property regime becomes enforceable, but only for the future relations. Thus, all real estate and property rights acquired before entry of the amendment with the Register remain a common property of both spouses. Thereof, the legal community property regime applies to any property acquired prior to the change. With regard to newly acquired property:

The article above is intended for information purposes only by drawing your attention to the means and consequences of changes to the property regime between spouses. It should not be construed as (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.