SHARE WITH FRIENDS:
NOT ALL OF THE PROPERTY EARNED BY A COUPLE DURING THEIR LEGAL MARRIAGE SHOULD BE DIVIDED.
⚡️ Question; I have not lived with my husband for 2 years but our legal marriage has not been annulled yet.My husband bought a three-room house in those two years. Can I claim half of that house he bought?
⚡️ Answer; Article 27 of the Family Code refers to the division of the common property of the husband and wife (other property acquired or recognized as common during the legal marriage). upon request, it can be done both during their marriage and after the divorce. That is, while you are living together, you can go to court with a claim to share the common property, but there is a norm in the fifth part of this article that I do not pay much attention to.
❗️It is normally called;
👉 Upon termination of family relations, the court may recognize the property acquired by the husband and wife during their separate life as the property of each of them.
✏️ What does that mean? In this case, the couple is not yet legally divorced, but they do not live together as you are. In this case, the property acquired while they did not live together without a formal divorce may not be recognized by the court as their joint property, and in turn such property may not be divided. What you find means what you get, what you get. Only this process falls within the exclusive competence of the court that divides the property. If the court says it should be, it is divided, if it does not find it necessary, it is not divided.