WHAT DOES LEGAL REGIME OF COMMUNITY MEAN
WHAT DOES LEGAL REGIME OF COMMUNITY MEAN
The civil status official, after an explicit affirmative response from the parties entering into marriage, draws up an act for the conclusion of a civil marriage and it reflects the chosen regime of property relations. When they have not chosen a regime of property relations, the legal regime of community is entered in the act, as well as for those entering into marriage when they are minors or limitedly prohibited.
Under this regime, the so-called "conjugal property community" is formed for the spouses, in which they acquire property rights during the marriage as a result of a joint contribution, and these rights belong jointly to both spouses, regardless of which name they are acquired.
Joint contribution is the investment of funds, labor, child care and household work. Joint contribution is assumed but can be challenged in a lawsuit during the marriage or after the marriage has ended.
Spouses who acquired property rights before marriage or during marriage by inheritance and donation are personal to the spouse who acquired them. They are also personal when a creditor has directed execution on property rights in the marital property community (SIP), for a debt of the other spouse. Movable property for ordinary personal use, for the exercise of a profession or trade are also personal. Property rights acquired by a sole trader (ET) husband during marriage for his commercial activity and included in his enterprise are also personal. Those acquired during marriage entirely with personal property, this is the so-called "transformation".
Under the legal regime of community, the spouses have equal rights to the common property. The management of the common property can be carried out by each of the spouses, but the disposal is carried out jointly by both spouses. When only one spouse is disposed of the common property, the other spouse can challenge it in a claim procedure.
If you have questions and want to know more, you can contact me at the indicated contacts, I will be happy to solve your case.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg