Participation claim in acquired assets

Participation claim in acquired assets

Participation claim in acquired assets, as defined in Article 1400 of the Civil Code (CC), is a central pillar of family law in Greece. Within this framework, it is recognized that property acquired during the marriage is joint and belongs to both spouses. Significant is the ruling of the Supreme Court (287/2011), which addresses the rebuttable presumption of participation in one-third of the increased assets, providing the legal basis for one spouse’s claim against the other.

Legal Framework

Article 1400, paragraph 1 of the CC states: “If the marriage is dissolved or annulled, and the property of one spouse has increased since the marriage was contracted, the other spouse, provided they contributed in any way to this increase, has the right to demand the return of the portion of the increase that derives from their contribution.” Specifically, this provision recognizes that each spouse has the right to claim participation in the increase of the other spouse’s property, provided they can prove their contribution.

Timing of the Claim

Participation claim in acquired assets arises during the divorce or dissolution of marriage, and the critical moment for determining the increase in property is when the action is initiated. This means that the comparison of the debtor’s property is made at two points in time: at the time of the marriage and at the time the claim arises. Thus, the entitled spouse must demonstrate the final property, its nature, and its value.

Rebuttable Presumption of Participation

The Supreme Court ruling 287/2011 highlights that there exists a rebuttable presumption of the entitled spouse’s participation in one-third of the increased assets. This means that judges presume the spouse’s contribution to the increase in property is at least one-third unless proven otherwise. This presumption applies even to marriages contracted before the enactment of Law 1329/1983.

Proof of Contribution

The entitled spouse must prove that the debtor’s property increased due to their contribution. Specifically, the defendant may argue either that there was no contribution or that it was less than one-third. The existence of gratuitous acquisitions (e.g., inheritances, gifts) is not included in the property increase, as there is no contribution from the other spouse.

Procedural Issues

The procedure regarding the participation claim in acquired assets has significant procedural aspects. The burden of proof is distinguished into subjective and objective. The subjective burden falls on the plaintiff, who must prove the existence of property increase. Conversely, the defendant may raise objections regarding the plaintiff’s contribution to this increase.

Defendant’s Objections

The defendant, as the spouse whose property increased, may argue that the plaintiff’s contribution was less than one-third or that there was no contribution at all. To accept the claim of no contribution, the defendant must prove that the entitled spouse either could not or did not wish to contribute to the increase in property.

Application and Obligations

The application of the participation claim in acquired assets requires careful assessment of the property situation and evidence. The entitled spouse must prove their final property and its value, while the objections raised by the defendant will be examined within the context of the trial. The court’s decision will determine the final distribution of property based on the above analysis.

Specialization of Economou & Economou Law office

At Economou & Economou law office, our lawyers specialize in family law and have extensive experience in divorce cases and claims for participation in acquired assets. We are here to provide you with fast and effective legal services. We are recognized as the best legal team in Greece according to Lawzana, confirming our commitment to the quality of our services.

If you need legal guidance regarding the participation claim in acquired assets or have any other questions about family law, please do not hesitate to contact us. You can email us at econlaw@live.com, call us at (+30) 2103603824, or fill out the contact form https://www.econlaw.gr/contact/ .Our team is ready to support you with all your legal needs protect your rights and give you what you deserve by law.