Partition

In Romania, according to the Civil Code, following a divorce, each spouse takes over his or her property, after which the joint property is divided, and debts are settled. To this end, each spouse’s share is determined based on his or her contribution to the acquisition of joint property and the fulfillment of joint obligations. The law presumes that the spouses have made an equal contribution. Therefore, although the law assumes a 50/50 contribution by the spouses, through a partition process, they will be able to provide evidence to show that they have contributed more than the other spouse.

Partition aims to end the joint ownership of the joint property, and termination of joint ownership by partition can be requested at any time. Only property over which the parties have a right of co-ownership (or of use, in the case of partition of use) may be the subject of partition, not claims or debts. With regard to debts, the spouses may enter into an agreement, a settlement of the joint debts between them, or the spouses may bring an action in court to regularise the joint debts, and each spouse’s share will be determined according to the rule mentioned above, i.e., the contribution to the acquisition of the joint property and the fulfillment of the obligations.

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