Spousal solidarity and property rights

  • Find it in the Law:
    Family Law
  • Who is responsible:
    competent court
  • Who can help me:
    Center for Social Work, competent court of second instance
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You want to get married, or you already have done so, but aren’t sure what kind of rights you’re entitled to as an individual spouse or as a couple. You should know that the legal framework is very detailed when it comes to the spousal rights. The Law on Family states that in marriage, in all personal and property relations, both spouses are equal. It also states that spouses are obliged to be faithful to each other, to respect each other and to financially support one another, especially if one is in need of assistance (for example, if he/she can’t work), An important part of the Law on Family addresses the property rights of spouses. Spouses are entitled to keep whatever property they had before marrying as their own property, but everything else that is gained after marriage immediately becomes shared property. If they want, spouses can split the shares of such joined property and become co-owners. The Law on Family also grants the same rights to those who live in a “factual relationship” – which means living with a partner in the same way as one would with a husband/wife, just not having it formalized on paper as a marriage.

  

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