What happens to the property in case of divorce

Many couples get married without a prenup and think about the security of its property at a later stage. Fortunately there is a legal way to settle the question and after marriage – through regime of property severability.

What is the procedure for selecting this mode, and what happens to the property in case of divorce?
In Bulgaria, regime of severability can be concluded and during the marriage, due to the adoption of this law in a rather late stage of democratic development, commented consultant Emilia Ivanova.

For this purpose it is necessary to be signed a declaration and then to be notarized for the selected mode, which is then submitted in the Registry Agency. This statement must be provided in the municipality where the marriage took place.

At regime of severability the rights acquired by each spouse during the marriage are its personal possession, indicate the broker Desislava Shebetovska. In other words, if one spouse has rights to the property, he is the owner, he has and the right to dispose of it as he sees fit.

The exception is the family home, where the couple live, if it is solely for the other spouse. Then it will be necessary to be taken and his consent.

The expert added that the actions of the distribution of the family home – personal property of one spouse shall be carried out with the consent of the other if both spouses have another place – common property or personal property of any one of them. In the absence of consent, the order shall be carried out with the permission of the district judge, if it is found that is not detrimental to the minor children and of the family.

The change of the legal regime, the amendment and termination of the marriage contract shall be noted in the Act on the conclusion of a civil marriage, specify Shebetovska.

The municipality officially notifies the registry agency, and any changes concerning marital relationships are recorded in a central electronic register. The register is public.

In case of a divorce between spouses there is an opportunity, if divorce is by mutual consent, each spouse is entitled to receive a portion of the value of the acquired by the other during marriage. But only to the extent that it has contributed with labour, with their funds, with care for children, with household work or in any other way.