AKMV What if your husband refuses to let you into the jointly owned property in the community property of spouses (BSM)?
QUESTION
Good day, my marriage has been divorced, but the community property of spouses (BSM) has not yet been settled. My ex-husband and I have a jointly owned property within the BSM, but he refuses to let me into it. Does he have the right to do so now that we are divorced?
ANSWER:
Hello, thank you for your question.
According to Section 144 of the Civil Code, “things in joint ownership of spouses are used jointly by both spouses; they also jointly cover the costs incurred on the things or related to their use and maintenance.”
Each spouse has the right to the whole property during the existence of joint ownership, and their use of the property is only limited by the rights of the other spouse. This provision does not impose a duty to use the property but grants the right to do so.
Citing the Constitutional Court ruling ÚS 395/2010, “until the settlement of the joint ownership of spouses, divorced spouses should be regarded as equal owners concerning both the quantity and quality of their joint ownership rights.”
This means that although you are divorced, the joint ownership still exists until it is settled. Both of you have the right to use the jointly owned property.
In your case, we recommend turning to the court, which could issue an urgent measure to regulate your right to access the jointly owned property.
The court should also consider this fact during the proceedings for the settlement of the joint ownership of spouses.
If you have any questions, please do not hesitate to contact us at recepcia@akmv.sk or by phone at +421 915 046 749.
JUDr. Veronika Michalíková, MBA