{"id":6523,"date":"2026-02-18T10:28:29","date_gmt":"2026-02-18T10:28:29","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6523"},"modified":"2026-11-07T14:10:55","modified_gmt":"2026-11-07T14:10:55","slug":"partajul-bunurilor-dupa-divort-ce-se-imparte-cand-cum","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/partajul-bunurilor-dupa-divort-ce-se-imparte-cand-cum\/","title":{"rendered":"Property division after divorce: shares, evidence and procedure"},"content":{"rendered":"
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What is matrimonial property division?<\/h2>

Partition is the legal process of dividing jointly held property as part of liquidation of the matrimonial regime. Assets allocated to each spouse become that spouse\u2019s separate property under the applicable rules. It may be agreed by authentic notarial instrument or determined by a court where agreement is absent.<\/p>

What property is divided?<\/h2>

Under the statutory community regime, qualifying assets acquired during the community form part of the common estate. Employment income and similar entitlements are common where the relevant claim becomes due during the community under the statutory provision.<\/p>

Inheritance, gifts, personal-use assets and assets intended for a profession are generally separate, subject to the precise exceptions. The matrimonial agreement and the applicable regime must be checked. A spouse asserting separate ownership must establish it under the relevant evidential rules.<\/p>

When does the regime end?<\/h2>

The matrimonial regime ends under the statutory rules, including those governing divorce. Until liquidation, common assets and obligations remain subject to the applicable community arrangements, and the former spouses\u2019 rights require determination.<\/p>

Liquidation and division may be agreed before a notary or pursued in court. The law also permits division during marriage under its conditions; ending the marriage and dividing property are distinct steps.<\/p>

Determining each spouse\u2019s share<\/h2>

Article 357 assesses contributions to acquiring common property and meeting common obligations. Equal contributions are presumed unless proved otherwise.<\/p>

A spouse claiming a greater contribution needs supporting evidence, such as contracts, payment records, bank statements and relevant testimony or expert evidence. Assessment is not limited to salary or direct payments: household work and childcare may also be relevant.<\/p>

The court assesses the evidence as a whole. Without sufficient proof to rebut the presumption, equal contributions remain the starting point.<\/p>

The partition procedure<\/h2>

An agreed partition requires the legally appropriate form. A judicial application should identify the participants, basis of the joint rights, assets, values, location and possession, together with the relief and evidence relied on.<\/p>

The court considers agreement where possible and, where needed, determines the divisible estate, shares, valuations and proposed allocation. Expert evidence may address value and whether division in kind is feasible.<\/p>

Unequal allocations may require an equalisation payment (sult\u0103). Where an asset cannot suitably be divided, allocation to one party or sale may be considered under the procedural rules. The judgment\u2019s enforceability and any payment period must be checked before enforcement.<\/p>

Evidence and expert assessment<\/h2>

Relevant documents include ownership deeds, land-register records, purchase and loan agreements, bank payments, inheritance or gift documents, inventories and records of improvements.<\/p>

A valuation report can address market value, divisibility and proposed lots. The expert assists with specialist factual issues; the court determines the legal shares and remedy.<\/p>

Common issues<\/h2>