Case For Transition To Extraordinary Property Regime
Case for Transition to Extraordinary Property Regime
Spouses may, at any time, enter into a “joint” property regime agreement the right to change the existing property regime between them within the limits have their own property regime. However, in some cases, the existing property regime between them
It may also need to be changed without the spouses acting “together”. If the spouses have chosen one of the regimes of participation in acquired property, separation of property with sharing, community of property, or if they have not concluded a property regime agreement, they are subject to the regime of participation in acquired property in accordance with the law. if they have been; to change the existing property regime between them even if they do not have a common demand, in some cases the existing The transformation of the property regime into the “separation of property” regime is regulated as an extraordinary property regime in our law. For example, between
In the event of the bankruptcy of one of the spouses with a “community of property” regime, the community of property regime will automatically turn into a separation of property regime with the bankruptcy decision (Art. 209 of the TCC). Spouses who accept community of property 389 the creditor in enforcement proceedings against one of them, in the execution of the attachment
If one of the spouses suffers a loss, he/she may ask the judge to decide on “separation of property” (Art. 210 of the Civil Code). In the event that one of the spouses is permanently deprived of the power of discernment, his/her legal representative may
According to Article 206, he/she may file a case for transition to separation of property. ARTICLE 206 OF THE TMK by the family court upon the request of one of the spouses, if there is a just cause shown in Article 206 or other similar justifiable reason
The existing property regime between the spouses may be decided to be converted to “separation of property”. The importance of this case is as follows: In the event that this lawsuit is accepted and the decision is finalized, other lawsuits for the liquidation of the property regime may be filed even though the marriage union between the spouses continues,
It will be possible to examine its merits.
In the case of transition to the extraordinary property regime (separation of property)
The court is a family court and is subject to a fixed trial fee and a fixed attorney fee. The competent court is either of the spouses
is the court of the place of settlement (Art. 207 TCC).
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