When can a division of property with unequal quotas be requested?

A division with unequal shares involves determining a contribution different from the equal contribution assumed by law or the shares recorded in documents, as the case may be. The division shares the assets in common ownership or the common assets of the former spouses. The rules and the evidence differ: in ordinary co-ownership, there are determined shares, whereas in the matrimonial community the common assets are held in common until the dissolution of the regime and the determination of the share of each spouse.

Ordinary co-ownership: the presumption of equal shares

According to Article 634 of the Civil Code, the co-owners’ shares are presumed equal until proven otherwise. If the property was acquired through a legal act, the reversal of the presumption can only be proven through written records. Therefore, the deed of acquisition and the share clauses must be verified before filing the application; witnesses do not replace the written record required by law.

Common property of the spouses

Upon the dissolution of the community, each spouse takes possession of their own assets, then the common assets are divided and the debts are settled. Each spouse’s share is determined based on their contribution to the acquisition of the common assets and the fulfillment of the common obligations; the law presumes equal contributions until proven otherwise. The contribution is analyzed as a whole, and the contribution is not reduced solely to salary income or to who made a direct payment.

What evidence can support the requested quota

Useful evidence may include contracts and documents of acquisition, bank statements, documents regarding the origin of funds, installments and payments made, invoices for investments, entries regarding joint debts and other relevant documents for the period analyzed. Witnesses and questioning may clarify facts within the limits of the rules of admissibility; for property acquired through a legal act, they do not replace the document required by Article 634. The court assesses the evidence and determines the share according to the applicable legal regime.

An evaluation or expertise can be useful if the value of the goods or the possibility of forming lots are contested. It is not mandatory in any case file and does not itself prove the contribution of each party to the purchase.

How the division of the inheritance takes place

The application must identify the parties, the title of ownership, the assets subject to division and their value, with the available documents. The court clarifies the divisible mass, the shares and the claims among the co-owners, then determines the method of division. The law gives priority to division in kind, proportional to the shares. If the asset is indivisible or cannot be easily divided in kind, the court may assign the entire asset to one of the co-owners with payment of a pledge or may order the sale and distribution of the price. The solution depends on evidence and the condition of the assets.

Before submitting the request

  • identifies the legal regime: ordinary co-ownership or matrimonial community;
  • checks the acquisition titles, the mentioned quotas and the origin of the funds;
  • organizes the entries for relevant goods and periods;
  • determines whether you are requesting a division in kind, the assignment of the property by partition or its sale;
  • separately calculates any receivables and debts related to the property.

The termination of co-ownership by division of property can be requested, in principle, at any time, subject to the cases of suspension or inadmissibility provided for by law. For related information, consult category Family Law.

Legislative sources

This material provides general information. The quota and the method of division of property are determined based on the relevant documents and the specific situation.