When to address the settlement of community property of spouses – during or after divorce proceedings?

The settlement of the community property of spouses (BSM) can be addressed either during the divorce proceedings or following their conclusion. Both options present distinct advantages and depend on your specific circumstances.

1. Addressing BSM during the divorce:

Opting to resolve the settlement of BSM concurrently with the divorce proceedings can lead to a more expeditious conclusion of the entire process, resolving all matrimonial matters at once. The primary benefit is that you will not be required to initiate new proceedings for property settlement post-divorce. This approach is frequently preferred if the spouses are capable of reaching an amicable agreement and there are no complex property disputes.

2. Addressing BSM after the divorce:

In the event that there are disagreements between you and your husband regarding the assets, it may be more advantageous to handle the divorce itself separately and defer the settlement of BSM to a later date. Following the dissolution of marriage, the court grants a statutory three-year limitation period to resolve the settlement, either via a mutual agreement or through a judicial ruling. This approach provides you with additional time to deliberate on property matters and engage in eventual settlement negotiations.

Which option is more advantageous?

The more advantageous solution depends heavily on your capacity to reach an agreement with your husband. If you are able to arrive at a settlement during the divorce, resolving everything simultaneously can be faster and less stressful. However, if active disputes persist between you, it may be preferable to sever the divorce from the property settlement and handle each procedure independently.

Our law firm can assist you in determining which option is more beneficial for your specific case, while providing comprehensive legal representation throughout both the divorce proceedings and the BSM settlement process.