Division of Property in Divorce

The division of property during a divorce in Bulgaria depends on the property regime under which the spouses lived during the marriage. There are primarily two property regimes:

1. Co-ownership (Joint Property)

   Under the "joint property" regime, all properties and acquisitions made during the marriage are considered joint. This means that both spouses have equal rights over them, regardless of who made the acquisition.

   Principle of equality: In case of divorce, the joint property is divided equally (50% for each spouse).

   Exceptions: Personal belongings and inherited property (e.g., gifts, inheritance) are not considered joint property and remain the property of the spouse who received them.

2. Personal Property

   Personal property includes assets and properties acquired before the marriage or received as inheritance or gift during the marriage.

   These properties are not subject to division during divorce. Each spouse retains ownership of their personal property.

Property Division Procedure

• Mutual Agreement: The spouses can reach an agreement on how to divide the property. This agreement can be written and presented to the court.

• Court Case: If the spouses cannot reach an agreement, one of them may file a lawsuit in court for the division of property. The court will review the case and make a decision based on the evidence and documents presented.

• Property Evaluation: In case of division, the court may appoint an appraiser to determine the value of the property in order to facilitate the division.

Principles of Division

• Property acquired during the marriage: This is divided equally between the two spouses.

• Property acquired before the marriage or as inheritance: This remains with the spouse who owned it.

• Financial obligations: During the division, financial obligations (e.g., debts) may be considered and could affect each spouse's share.

Practical Tips

• Evidence: Gather documents related to the property (e.g., notary deeds, invoices, contracts) to prove ownership.

• Consultation with a lawyer: It is advisable to consult with a lawyer specialized in family law to get advice on your rights and obligations.

Conclusion

The division of property in divorce is a complex process that requires attention to detail and knowledge of the law. It is important for the spouses to try to reach an agreement between themselves, but if necessary, they can turn to the court for dispute resolution.