KáhaLex

Article 24 — Matrimonial Property Regime

  1. The matrimonial property regime governs the ownership, administration, and division of property between spouses during and upon dissolution of the marriage.
  2. The spouses may choose their matrimonial property regime by written agreement concluded before or during the marriage. The agreement shall be registered with the Royal Chancellery.
  3. The following regimes are recognised:
    1. Separation of property, under which each spouse retains sole ownership, administration, and disposition of all property acquired before and during the marriage
    2. Community of acquisitions, under which property acquired by either spouse during the marriage is owned jointly in equal shares, while property owned before the marriage and property acquired by gift or inheritance during the marriage remains the separate property of the acquiring spouse.
  4. In the absence of a written agreement, the regime of separation of property applies.
  5. The spouses may change their matrimonial property regime during the marriage by a new written agreement registered with the Chancellery. The change takes effect between the spouses from the date of registration and against third parties from the date of publication or notification.
  6. The choice or change of matrimonial property regime does not affect the rights of third parties who dealt with either spouse without knowledge of the regime. Third parties may rely on the regime recorded in the register.
  7. Under the regime of community of acquisitions, debts incurred by either spouse during the marriage for the benefit of the household or the family are borne jointly. Personal debts remain the obligation of the spouse who incurred them.
  8. Where the spouses are subject to the mandatory matrimonial property rules of a host jurisdiction by reason of their domicile or the location of their property, the rules of the host jurisdiction prevail to the extent mandatorily applicable, in accordance with Article 45 of the Fundamental Laws.

How to cite

CIVIL art. 24 — Article 24 — Matrimonial Property Regime, Legal Codes of the Principality of Kaharagia.