BSM and the division of a car upon divorce

In the case of purchasing a car for business purposes, provided that the community property of spouses was not dissolved during the marriage on the grounds that one of the spouses obtained a business license, the car belongs to the community property of spouses if it was paid for from funds belonging to the community property of spouses.

In addition, we add that the provision of Section 148a of the Civil Code also allows for the granting of consent by the other spouse: “To use property in the community property of spouses, a businessman needs the consent of the other spouse when starting a business. For further legal acts related to the business, the consent of the other spouse is no longer required.” The form of consent is not prescribed; tacit (concludent) consent is also sufficient. If consent were not granted, then the legal act would be absolutely null and void pursuant to the provision of Section 39 of the Civil Code.

If you were unable to agree on the purchase of the car when starting the business, pursuant to the provision of Section 146 (1) of the Civil Code: “If a disagreement arises between the spouses regarding the rights and obligations arising from the community property, the court shall decide upon the petition of either of them.”