5 What are the consequences of divorce/separation?
5.1. How is the property (rights in rem) divided?
This depends on the matrimonial property regime adopted. If the divorce/separation is contested then it is the court which decides how the property is to be divided. If there is no contestation, then it is the spouses themselves who decide, subject to court ratification. Article 1333 of the Civil Code stipulates that the community property shall be divided by assigning to each of the spouses one half of the assets belonging to the community property.
5.2. Who is liable for existing debts after the divorce/separation?
This depends on the matrimonial property regime adopted. If the divorce/separation is contested then it is the court which decides how the property is to be divided. If there is no contestation, then it is the spouses themselves who decide, subject to court ratification. Article 1333 of the Civil Code stipulates that in case of division of the community property each spouse shall be assigned one half of the liabilities belonging to the community property.
5.3. Does one spouse have a claim to an equalisation payment?
Under the community of property regime, each of the spouses has to reimburse the community if he/she has used community property to satisfy his/her own debts (Art. 1331 para. 1 CC). If a spouse's personal property was used to satisfy a community debt or for an investment in the community property, he/she has the right to be reimbursed (Art. 1331 para. 2 CC). This reimbursement shall be made by assigning money (Art. 1331 para. 3 CC).
