Distribution of Matrimonial Property

Under Articles 768 and 771 of the Civil Code, one of the divorcing parties mayclaim a distribution of property from the other.

The distribution of property has three aspects. 

First and foremost, it means a division of the property obtained by the couple during the period of their marriage and cohabitation. Such division should, in principle, be in equal shares. Property which has been inherited or received as a gift is disregarded.

Second, distribution of property means financial support after the divorce. The Court will typically award a party financial support where there is either not enough property to divide or insufficient reason to award compensation, but that party requires special support by reason of illness, old age or such.

For those who divorce when they are elderly, the distribution of property is vitally important in ensuring their welfare following the divorce.

To gain a fair and better distribution of property, we recommend that you consult an attorney.

Third, distribution of property means compensation for mental suffering caused by the breakdown of the marriage. Such compensation may be claimed either as part of, or separate from, the claim for distribution of property.