Claim to a Share in Increased Value
Matrimonial Property Regimes and Division of Property
Divorce and Family Law
Prepared by: Constantinople
When Can a Claim to a Share in Increased Value Arise?
Article 227 TMK regulates a spouse's contribution to acquiring, improving or preserving the other's property without compensation or adequate consideration. If the requirements are met, the contribution may give rise at liquidation to a monetary claim linked to the property's increased value. Not every expenditure on maintaining a home or contribution to family expenses counts as the same type of contribution. The nature of the expenditure and the asset whose value it preserved or increased must be identified.
Are a Contribution and a Participation Claim the Same?
A participation claim is generally based on the residual value of acquired property; a share in increased value is based on a contribution to a particular asset. Other calculations or types of claim may also arise because of the periods of marriage and contribution date. Giving a claim the wrong name does not remove the need to explain and prove the relevant facts. The same contribution must not be counted twice in the property-category calculation and as a separate claim.
Which Records Are Used to Calculate the Amount?
Bank transfers, documents recording the sale of an earlier asset, loan movements, invoices and renovation records help show when a contribution was made and its source. The property's initial and liquidation values and debts are assessed separately. The law also addresses a fall in value and prior disposal of the property. A single percentage found online is therefore not a ready-made answer for every home and every contribution.
What Matters When Preparing the Claim?
The parties' statements and documents are compared to assess whether the contribution was a gift, loan or joint investment. A written agreement between the spouses, waiver or agreed ratio may also matter. If real property has been transferred to a third party, a contribution allegation alone does not automatically recover title. A monetary claim, allegation of simulation or other claim to a right in rem is assessed on its own legal basis.