Acquired Property

What Does Acquired Property Include?

Article 219 TMK takes as its basis assets obtained by a spouse for consideration while the matrimonial property regime continues. Remuneration for work, statutory social security or welfare payments, compensation for loss of earning capacity and income from personal property are considered within this framework. Each category is read with its specific requirements; a payment's name alone does not establish the property category of its entire amount.

Is a Bank Account or Title Deed Sufficient?

Title deeds and account records provide initial information about legal ownership and movements in value. A purchase financed with inherited money, sale proceeds of premarital property and payment from employment income are different. Several sources may be held in the same account. The presumption of acquired property does not make source investigation unnecessary; the basis of a personal property assertion must be shown in the file.

How Are Debts and Expenditure Distinguished?

An asset's present gross value is not directly the amount of the claim to be shared. Related debts, transfers between property categories and statutory additions may affect the calculation. Assets held within a company are not the same as a spouse's personal account; the nature of shares and distributed income is examined. If a transfer or purchase's appearance conflicts with the actual flow of payments, the documents must be assessed together.

How Can You Prepare for Liquidation?

Show each item's acquisition and payment dates, source, debt and any sale separately in the asset inventory. The assets existing when the regime ends and their value at the valuation date are different questions. The dates and method used in the calculation depend on the asset's nature. This enables specific, verifiable data to be provided for expert examination instead of merely a general demand for 'half'.