5.1. How is the property (rights in rem) divided?

Both spouses are entitled to make a claim to the court for division of property after the termination of (in case of divorce) and during the marriage. Spouses may also agree on the division of community property. In case of disagreement on the division, the court rules according to the civil procedure regulations. Unless the spouses have agreed otherwise, their community property is divided equally. Division of immovable property that forms part of community property can be made in equivalents (if there are several items of real estate), geometrically by dividing a plot, by a civil termination (sale of the property and division of returns), payment or by granting a right of residence. Movable assets that form part of community property can be divided in equivalents (if there are several assets), by a civil termination, payment or physically.

5.2. Who is liable for existing debts after the divorce/separation?

The liability of spouses for existing debts after divorce follows the same rules as described under point 2.6.

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