AKMV Joint Property of Spouses (BSM) and an apartment acquired at auction
QUESTION
My husband and I have been married and living under the regime of Joint Property of Spouses (BSM) since 2008; in 2013, we acquired a property through an auction. To this day, only my husband is registered on the Title Deed (as only one person could be the successful bidder). Does this property also belong to the BSM? My husband now disagrees with me being added to the Title Deed, or rather, he wants to grant me only a smaller share, not 1 to 1, because he claims that his parents gifted him the money he used for the purchase (auction) of the property. During the renovation of the property, we both contributed financially and physically. How would this be handled in the event of a divorce—do I have a claim to half of the property? Or would it be a matter of proving who contributed how much in funds? Thank you.
ANSWER:
The fact that only your husband is listed on the Title Deed for the property in question does not automatically mean that the property does not belong to the BSM. The scope of the BSM is defined in the Civil Code.
According to Section 143 of the Civil Code: “The joint property of spouses includes everything that may be the subject of ownership and that was acquired by either spouse during the marriage, with the exception of things acquired by inheritance or gift, as well as things which, by their nature, serve the personal needs or professional exercise of only one of the spouses, and things returned under property restitution regulations to one of the spouses who owned the returned thing before entering into marriage or to whom the thing was returned as the legal successor of the original owner.”
Should the marriage terminate, and thus the BSM terminate as well, the settlement of the BSM would be based on the principles enshrined in the Civil Code.
According to Section 150 of the Civil Code: “In the settlement, it is assumed that the shares of both spouses are equal. Each spouse is entitled to demand reimbursement for what they expended from their own resources on the joint property and is obligated to compensate for what was expended from the joint property on their other [sole] property. Furthermore, consideration shall be given primarily to the needs of minor children, to how each spouse cared for the family, and to how they contributed to the acquisition and maintenance of the joint assets. When determining the degree of contribution, regard must also be given to the care of children and the management of the common household.”
In the settlement, it would therefore be taken into account if one of the spouses expended their own financial resources—which did not belong to the BSM (e.g., a gift from parents)—on a joint asset. However, this spouse would have to bear the burden of proof to show that their exclusive financial resources were indeed used for the joint asset.
JUDr. Veronika Michalíková, MBA