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The separation of property regime in Romania

What does the regime of separation of property refer to?

The regime of separation of property is governed by the Romanian Civil Code, in art. 360 - 365. According to art. 360, the regime of separation of property implies each spouse to have ownership of the assets that were acquired before the conclusion of the marriage, as well as the goods that were acquired in their own name after the conclusion of marriage.

What is the regime of common assets under the regime of separation of property and how is the use of personal property between spouses regulated?

The assets that have been acquired by spouses together belong to them in common shared property and inventory of goods makes proof of this joint ownership.

Regarding the use of personal property of a spouse by the other spouse, the law provides that the spouse who uses the assets of the other spouse without objections of the latter will acquire obligations of an usufructuary, being obliged to repay only the fruits existing at the date of their request by the other spouse or the date of the modification or termination of the matrimonial regime of separation of property.

In case one spouse solely concludes an act by which he/she acquires a good, but by using, in whole or in part, the assets of the other spouse, the latter will be able to choose, in accordance with the proportion of their own assets that were used without his consent, to either claim ownership of the purchased property for himself/herself, or to claim damages from the purchaser husband. In the first case, reclaiming the property of the acquired good can only occur before the acquirer husband carries the acquired property, except when the third party seller had knowledge of the fact that the purchaser husband acquired the property by making use of the goods of the other spouse.

What is the inventory of movable goods procedure within the matrimonial regime of separation of property?

According to art. 361, the public notary draws up an inventory of movable property without taking into account their way of acquisition, and the inventory can also be put together for movable assets acquired during the separation of property.

Such inventory will be annexed to the marital convention for its enforceability against third parties.

In case the inventory is missing, the presumption that the exclusive ownership belongs to the owner spouse will apply, until proven otherwise.

If the asset was acquired through a legal act subject to a condition of the form for validity or publicity formalities, the exclusive ownership will only be proved by the document that fulfills the form required by law.

Can there be any kind of responsibility of one spouse for the other spouse's personal obligations in the regime of separation of property?

No. In accordance with art. 364, none of the spouses can be held liable for obligations arising from acts committed by the other spouse.

However, spouses will be jointly liable for the obligations that have been incurred by any of them to cover the usual marriage costs and those related to raising and educating the children.

In case of termination of the matrimonial regime of separation of property, does the law provide for a lien for the debt of a spouse to the other?

Yes. The law provides a right of retention for each of the spouses, at the termination of the regime of separation of property, for the property of the other spouse, up to the full coverage of debt they owe  each other.

For additional information regarding the regime of separation of property, do not hesitate to contact one of the lawyers within the Darie, Manea & associates law firm. Our team is dedicated to satisfying our clients' needs, offering optimal solutions tailored to the particularities of each, specialized legal advice and representation before competent authorities. Do not hesitate to contact us!

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