Identify the applicable property regime
The first question is which property regime applies. Unless another regime was chosen, participation in acquired property has been the statutory regime since 1 January 2002. For marriages that began earlier, the earlier and later periods must be considered separately. A divorce judgment and liquidation of the regime are distinct matters.
Acquired property or personal property?
The registered owner alone does not determine the legal classification of an asset. Acquisition date and source of funds matter. Assets owned before marriage, inheritances and gifts may qualify as personal property; earnings during the regime may qualify as acquired property. Mixed funding requires examination of the underlying records.
The participation claim
Liquidation does not mean mechanically dividing each asset into two. The calculation may involve acquired and personal property, relevant debts, reimbursements, additions and other adjustments. A participation claim and a claim based on a contribution to an asset involve different legal questions. The records must support the claim and the calculation.
Dates and valuation
The end date of the property regime, acquisition dates and the valuation date serve different purposes. If divorce is granted, the regime ends with effect from the filing date of the divorce proceedings. A current price or a current account balance alone may not establish the relevant position.
Different assets require different records
For real estate, title, purchase and financing records should be considered together. Company shares require attention to acquisition, share transfers and financial records. Bank accounts require dated transaction histories and the source of funds.
A transfer to a crypto platform does not alone establish the asset purchased or where it is held. Platform and wallet records may be needed. Transfers alleged to reduce the other spouse’s claim require an assessment of their timing, purpose and statutory conditions. Not every transfer is automatically unlawful.
Preparing the records
Separate known assets, debts and contributions, with dates and available documents. Loan repayments, inherited funds, sale proceeds and company transactions should not be treated as a single undifferentiated balance. An agreed-divorce settlement should identify the assets and claims covered by any agreement or waiver.
The divorce guide explains how divorce proceedings relate to property claims. Contact the office to arrange a meeting.
Sources
This is general information. A specific dispute must be assessed in light of its facts, documents and applicable law.