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Book 4 · Family law  ›  Subchapter 4 · Partitioning of the common matrimonial property › Section 1478

Partitioning after divorce

(1) Where the marriage has been dissolved by divorce before the partitioning is finished, then at the request of one spouse, each of them is to be provided compensation for the value of what they contributed to the community of property; if the value of the common matrimonial property is not sufficient for this, the shortfall is to be borne by the spouses in the proportion of the value of what they brought in.

(2) The following are to be regarded as having been brought in:

1.  the objects that belonged to one spouse when the community of property commenced,

2.  the objects which a spouse acquired as a result of death or with regard to a future right of succession, by donation or as an advancement, unless the acquisition, in the circumstances, was to be regarded as income,

3.  the rights which are extinguished on the death of a spouse or whose acquisition is conditional on the death of a spouse.

(3) The value of the items brought in is assessed according to the date at which they were brought in.

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