Purchasing an flat before a wedding is simply a common practice among those planning to live together. However, many couples are mistakenly convinced that everything automatically becomes common erstwhile married. The article explains the legal position of specified an apartment, which may affect its co-ownership, the importance of the notarial act and how to safeguard its interests in the event of a divorce. This cognition is based not only on the Code of household and Care, but besides on current judicial practice.
1. The flat bought before the wedding and the property community
Pursuant to Article 31 §1 of the Code of household and Care (hereinafter: the CRO), erstwhile a matrimony is concluded, a property union of property acquired during the course of a matrimony arises between spouses under the law. However, Article 33 of the CRO provides that property acquired prior to the wedding shall stay a individual property unless incorporated into the common property.
Thus, the flat acquired before the wedding by 1 of the spouses constitutes his individual property.
2. Does surviving together change the character of the apartment?
Although the flat purchased before the wedding belongs formally to 1 of the spouses, the situation may become more complicated if:
- a mortgage drawn before the matrimony shall be paid together after the marriage;
- significant expenditure has been incurred on the modernisation, renovation, expansion of this property;
- one of the spouses made a donation to the property.
In specified cases, it is possible to claim reimbursement of the common assets, but this does not mean an automatic acquisition of joint ownership.
3. Payment of the debt after matrimony and the spouse's claim
Taking a debt before the wedding does not give emergence to liability of the spouse. However, if, after marriage, payment of the instalments is made by common means (e.g. remuneration), the second spouse may get expenditure claims — pursuant to Article 45(1) of the CRO in conjunction with Article 567(1) of the CLP.
The case law has established that:
‘The funds from the common assets utilized for the purposes of the individual assets of 1 of the spouses shall constitute a charge to be settled upon the cessation of common interest.’
– Cf. ultimate Court order dated 28.03.2019, No. II CSK 92/18.
4. Joint renovation, adaptation, investment
The financial contribution from the common property to the property of 1 of the spouses (e.g. a thorough renovation) does not transform it into a common property but gives emergence to a regression claim. The Court of First Instance may decide to reimburse the costs but will not take into account the application for co-ownership if it has not been rewritten by a notarial act.
5. Donation and rewriting of ownership
If the property owner gives the another spouse a share of the property — a donation or sale — there is simply a change in the legal regime. The property becomes a shared property and ceases to be a individual property. However, this requires the form of a notarial act.
6. How do you safe an flat purchased before the wedding?
Key features:
- the conclusion of premarital premarital prenup or during matrimony (Article 47 of the CRO),
- unambiguous entry of the owner in the notarial act,
- documenting the sources of backing of possible expenditure.
7. Apartment and Divorce: What Is Divided?
During the divorce, only common assets are divided (Article 58 §3 of the CRO). A individual property shall not be divided unless:
- The second spouse will prove that he was a co-owner,
- there are grounds for the recovery.
The court does not then decide on the division of the property, but, possibly, on monetary claims.
8. The death of the owner – what about the apartment?
Upon the death of the owner, the property which is his individual property shall be inherited in accordance with the provisions of the civilian Code (Articles 931 to 940 KC). The spouse then inherits in fractions – along with the children of the deceased, unless there is simply a will.
9. Does sharing give ownership rights?
The specified common residence of 1 of the spouses does not give a legal title to co-ownership. According to the caselaw:
‘The usage of a thing belonging to 1 of the spouses does not give the another the right to it unless a contract is concluded or the form of ownership has changed.’
– judgement of the SA in Katowice of 17.10.2017.
10. Legal conclusions and recommendations
- The flat acquired before the wedding is simply a individual property – it does not automatically control to a spouse.
- Joint investments may be the basis for returns claims but do not give ownership rights.
- To avoid disputes, it is recommended to: prenup, paper contributions, notarial act in case of donations.
- Divorce and death do not change the position of a individual flat – unless the owner decides otherwise in the will.
Frequently Asked Questions
Is the flat purchased before the wedding going to common property?
No, according to the household and Care Code, the flat purchased before the wedding is the individual property of the owner.
Can a spouse have the right to specified an apartment?
The spouse does not have automatic property rights, but may file financial claims if he has shared contributions.
Does a mortgage before a wedding become a common commitment?
Nope. The credit work remains on 1 person, although repayment of the common assets may give the another organization the right to compensation.
How to safe the property purchased before the wedding?
It is best to keep the acquisition documentation and possibly prepare a prenup or a property contract.
Summary
Apartment purchased before the wedding does not become a common property, unless part of the participation has been voluntarily prescribed or peculiar conditions have been met. appropriate documentation, legal awareness and adequate property safety can aid avoid conflicts and failure of ownership.
Remember – Legal awareness is the best protection of your property.
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