What is subject to property division after divorce?

The joint property of the spouses is created at the time of marriage by operation of law, unless there are statutory circumstances that preclude this (e.g., prior conclusion of a marital property contract, incapacitation of one of the persons about to marry or bankruptcy). The joint property of spouses is nothing more than property acquired during the period of statutory community of property by both spouses or by one of them. By property, on the other hand, is meant property and other property rights. Acquisition includes any means of obtaining an object of property. In particular, the following belong to the joint property: collected remuneration for work and income from other gainful activity of each spouse; income from the joint property, as well as from the personal property of each spouse; funds accumulated in the account of an open or employee pension fund of each spouse; amounts of contributions deposited in the subaccount referred to in Art. 40a of the Law of October 13, 1998. On the social security system. In addition, common property includes items of ordinary household equipment for the use of both spouses also when acquired by inheritance, bequest or donation. Of course, the testator or donor may decide otherwise. The composition and value of the property to be divided shall be determined by the court. The composition of the estate is determined as of the date when the community of property ceases. On the other hand, the value of the property is determined according to market prices as of the date of division.

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