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Book 4 · Family law  ›  Subchapter 2 · Management of the common matrimonial property by one spouse › Section 1447

Petition of the non-managing spouse for termination

The spouse who does not manage the common matrimonial property may file a petition for the termination of the community of property

1.  if their future rights may be substantially endangered by the fact that the other spouse is incapable of managing the common matrimonial property or abuses their right to manage the common matrimonial property,

2.  if the other spouse has breached their duty to contribute to the family maintenance and there is the concern that the maintenance will be significantly endangered in the future,

3.  if the common matrimonial property is over-indebted by obligations that arose as obligations constituted by the person of the other spouse to such an extent that a later acquisition by the spouse who does not manage the common matrimonial property is substantially endangered,

4.  if the management of the common matrimonial property falls under the scope of functions of the other spouse’s custodian.

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