Real Estate, Vehicles, Bank Accounts and Investments
In the liquidation of the matrimonial property regime, not only immovable property registered in the land registry is reviewed. Depending on the scope of the file, the following asset values may also be taken into account:
- Residences, land plots, business premises, fields, timeshares and cooperative shares,
- Cars, commercial vehicles, boats and other means of transport,
- Bank accounts, time deposits, foreign currency, and gold and precious metal accounts,
- Shares, investment funds, bonds and other capital market instruments,
- Crypto assets and other digital asset values,
- Private pension plans, insurance payments and similar savings,
- The portion of severance pay, retirement bonuses or payments for loss of earning capacity that corresponds to the period of the matrimonial property regime,
- Receivables from third parties, income from intellectual property rights and other rights of economic value.
The date of acquisition, the legal nature, the source, the debt and the valuation method may differ for each asset. The list of assets should not be limited to known records alone, but it should not turn into an unlawful or unlimited search either.
Company Shares, Commercial Businesses and Professional Earnings
The fact that a company share was acquired before the marriage or by inheritance may make the share itself separate property. By contrast, shares acquired for consideration while the matrimonial property regime continues, dividends or other income obtained from the share, capital increases, and contributions made from separate or acquired sources are examined separately.
A company’s assets and a spouse’s share in the company are different from one another. A spouse’s being a shareholder in the company does not give the other spouse a direct right of ownership or management over the company’s assets. In the liquidation, the legal nature and economic value of the share may be assessed on the basis of the articles of association, the share ledger, the trade registry, the financial statements, the general assembly resolutions, capital movements, distributed profits and, where necessary, an expert examination.
Family companies, sole proprietorships, professional earnings, current accounts between the company and the shareholder, related-party transactions, or allegations that income was kept in the company may require review from the standpoint of commercial law, tax law and the law of matrimonial property together. The company’s independent legal personality and the spouse’s personal assets must not be confused with one another.
Our Approach to Real Estate and Company Shares
Review of asset and share records
Title deeds, vehicles, account movements and the documents of acquisition of company shares are reviewed. The company’s own assets and the value of the spouse’s share are kept apart; transactions whose source and date are unclear are clarified.
Preparing for valuation
The loan burden, share transfers and the records that affect valuation are identified. The necessary expert examination and the requests within the scope of the file are planned together with the existing documents.
The scope of the engagement, fees and expenses, and the method of document sharing and reporting are determined at the consultation. Representation depends on acceptance of the engagement and the necessary authorization.
This is general information. The nature of the claim, the documents, current legislation and the specific facts must be assessed together. Submitting an inquiry does not stop statutory time limits.
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