Liquidation of the matrimonial regime in Romania

Liquidation of the matrimonial regime

Articles 355-372 of the Romanian Civil Code govern the liquidation of the matrimonial regime, the operation by which the common assets of the spouses are inventoried, evaluated, settled with their debts and divided after the regime ends. It applies on divorce, death, voluntary change of regime or annulment. The procedure can be done by notarial act if the spouses agree, or by court partition judgment otherwise. Common assets are presumed to be those acquired during the marriage with consideration, while goods owned before, inherited, gifted, of personal use or used for the spouses profession remain individual property. By default, the division is 50-50, but either spouse can prove a greater contribution and obtain a higher share. There is no statute of limitations for partition.