What is not subject to property division after divorce?

Personal property is property to which only one spouse holds legal title. Personal property primarily includes property acquired before the formation of statutory community, that is, de facto, before the marriage. Any property that a spouse owned before the marriage does not come into the joint property. Personal property also includes assets acquired during the marriage. This includes: property acquired by inheritance, bequest or donation, unless otherwise provided by the testator or donor. (this rule does not apply to items that serve to run the household and were not expressly reserved by the testator or donor for one spouse); property rights arising from joint ownership subject to separate regulations, e.g., property contributions made by a spouse to a civil partnership of which he or she is a partner; items serving exclusively to satisfy the personal needs of one spouse, e.g., his or her clothing, jewelry, items related to his or her hobbies; non-transferable rights that may be vested in one person only, e.g. life or usufruct rights, cooperative tenancy right to housing; objects obtained by way of compensation for bodily injury or infliction of disorder of health or by way of compensation for non-material damage; however, this does not apply to an annuity payable to the injured spouse due to the total or partial loss of earning capacity or due to an increase in his or her needs or a decrease in his or her future prospects; awards for personal achievements; copyrights and related rights, industrial property rights and other rights of the creator. Already collected salary from work or income from a spouse’s business is included in the joint property. In contrast, the claim to obtain them is a component of the spouse’s personal property. Consistently, personal property includes property acquired in exchange for personal property, so the sums obtained from the sale of, for example, a donated item do not enter the community property and are only available to the previously gifted spouse.

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