{"id":4838,"date":"2022-11-14T10:44:13","date_gmt":"2022-11-14T08:44:13","guid":{"rendered":"http:\/\/blaj-law.ro\/?post_type=servicii&p=4838"},"modified":"2025-03-12T18:46:10","modified_gmt":"2025-03-12T16:46:10","slug":"share","status":"publish","type":"servicii","link":"https:\/\/blaj-law.ro\/en\/services\/family-law\/share\/","title":{"rendered":"Sharing in Romania"},"content":{"rendered":"

Partition represents the legal process through which the division of joint assets acquired by spouses during marriage is carried out. According to Article 339 of the Civil Code, each spouse retains the assets that belonged exclusively to them, while joint assets are subject to partition. According to Article 357 of the Civil Code, joint assets are those acquired during marriage, regardless of whose name appears on the acquisition document, except for those obtained through inheritance, donation, or explicit agreement.<\/span><\/p>\n

Joint assets include: <\/span>real estate<\/b> \u2013 the family home, land, and any other properties acquired during marriage; <\/span>vehicles<\/b>; <\/span>saved financial sums<\/b> \u2013 family savings, joint bank accounts, deposits created from income earned during marriage; <\/span>each spouse’s income<\/b> \u2013 salary, pension, income from independent or professional activities, rental income, or other sources obtained during marriage; <\/span>investments and securities<\/b> \u2013 stocks, bonds, investment funds purchased from joint income; <\/span>movable assets<\/b> \u2013 furniture, appliances, jewelry, artwork, or other valuable items acquired during marriage, etc.<\/span><\/p>\n

In addition to joint assets, partition may also include joint liabilities, represented by <\/span>debts<\/b> contracted during marriage for family needs. The settlement of debts can be done through mutual agreement or by court decision, which will determine each spouse\u2019s proportional contribution to their repayment.<\/span><\/p>\n

The team at Blaj Law<\/a> offers specialized legal assistance in partition procedures, whether through an amicable solution or a court dispute. Our lawyers can guide you in correctly determining joint assets, protecting your rights and interests. Each case is analyzed individually to ensure a fair distribution of assets and, if necessary, to prove the real contribution share of each spouse.<\/p>\n

Contribution Share in Romania<\/b><\/h2>\n

The law presumes an equal contribution of spouses to the acquisition of joint assets, according to Article 364 of the Civil Code. Thus, in the absence of evidence to the contrary, joint assets are presumed to have been acquired in equal proportions by each spouse. It is important to note that, according to case law and doctrine, contribution to joint assets is not limited exclusively to financial input but also includes other forms of contribution, such as household work and child-rearing.<\/span><\/p>\n

For example, if one spouse, typically the wife, has exclusively taken care of raising children and managing the household while the other has had a steady income from employment, it cannot be argued that only the income-earning spouse contributed to acquiring joint assets. Household work and childcare are recognized by courts as valid forms of contribution to joint assets, so a homemaker spouse cannot be deprived of their share of the joint assets simply because they did not have independent income. The court will holistically analyze the economic and family situation of the spouses, avoiding discrimination against one for not having direct earnings.<\/span><\/p>\n

Methods of Partition in Romania<\/b><\/h3>\n

Partition can be carried out either amicably or through judicial proceedings.<\/span><\/p>\n

Amicable Partition<\/b> can be executed through a mutual agreement, either as a notarized document or through a court-approved settlement. This solution is preferable as it avoids additional costs and extends court proceedings. In an amicable partition, spouses are free to decide how to divide assets, whether by in-kind allocation or financial compensation.<\/span><\/p>\n

Judicial Partition<\/b> occurs when the parties fail to reach an agreement. According to Article 979 of the Civil Procedure Code, the court is competent to resolve partition claims, determining each spouse’s share and the concrete manner of asset distribution.<\/span><\/p>\n

Regardless of whether the partition is amicable or judicial, the division of assets can be done in one of the following ways:<\/span><\/p>\n

    \n
  1. In-kind allocation<\/b> \u2013 each spouse receives assets equivalent in value to their share, if possible.<\/span><\/li>\n
  2. Sale of assets and distribution of proceeds<\/b> \u2013 if assets cannot be physically divided, they may be sold, and the obtained amount distributed according to the determined shares.<\/span><\/li>\n
  3. Compensatory payment<\/b> \u2013 if one spouse receives assets exceeding their share, they may be required to pay the other spouse a compensatory amount.<\/span><\/li>\n<\/ol>\n

    Typically, partition of joint assets occurs after divorce, when the legal regime of community property ends. In this case, partition clarifies each former spouse’s rights to assets acquired during marriage. However, the Civil Code also allows partition during marriage without affecting the validity of the marriage or the spouses’ matrimonial regime.<\/span><\/p>\n

    Thus, spouses can amicably agree to divide joint assets during marriage and later decide whether to maintain the existing matrimonial regime or modify it through a marital agreement. If disputes arise over asset division, the court can be petitioned to resolve the partition.<\/span><\/p>\n

    Legal Assistance and Representation<\/b><\/h2>\n

    The partition process usually takes a significant amount of time and, in most cases, involves an expert appraisal to determine the exact value of the assets subject to partition. Additionally, when one spouse challenges the legal presumption of equal contribution (50-50), the court may order an additional expert evaluation to establish the real contribution share of each spouse.<\/span><\/p>\n

    Partition lawyers<\/a> from the Blaj Law team provide detailed legal consultation, assist, and represent clients in amicable negotiations or partition litigation, ensuring the most favorable resolution.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    Partition represents the legal process through which the division of joint assets acquired by spouses during marriage is carried out. According to Article 339 of the Civil Code, each spouse retains the assets that belonged exclusively to them, while joint assets are subject to partition. According to Article 357 of the Civil Code, joint assets […]<\/p>\n","protected":false},"featured_media":2954,"parent":4831,"menu_order":0,"template":"","class_list":["post-4838","servicii","type-servicii","status-publish","has-post-thumbnail","hentry","layout_category-family-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4838","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii"}],"about":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/types\/servicii"}],"up":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4831"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media\/2954"}],"wp:attachment":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media?parent=4838"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}