According to the Bulgarian Family Code any property acquired during the marriage becomes a common property of both spouses. It is possible, however, through a court case, that one of the spouses to prove before the court that the property is his or her solely personal property. For that purpose, the spouse must argue the presumption of a common contribution, according to which the other spouse does not need to be financially involved in the acquiring of the property but his or her contribution may be related with the care of the children and family.

According to Article 23 of the Bulgarian Family Code all the property rights acquired during the marriage with personal assets are treated as personal properties. When property rights are acquired partially with personal property, the personal ownership of the spouse is a relevant part of the acquired, unless this part is insignificant.

Recognition of total or partial transformation of personal property in respect of the immovable property acquired during the marriage should be made through the court under initiating of the court case from that spouse who is trying to prove that the property belongs only to him or her. The claim could be initiated within a deadline of 1 year after the marriage is cancelled with divorce. It is necessary to be mentioned that such of cases are difficult for legally proving and before its initiation the respective spouse must collect all necessary documentation and evidences proving acquiring of the property with his or her personal funds as well as to be able to rebut the presumption of common contribution.

Personal property even acquired during the marriage is considered the property acquired by inheritance and notary deed for donation as well as the property acquired before the marriage is concluded. In this case there is no need this circumstance to be proved before the court as it is it should be applied directly by the institutions.

Personal property is also the movable belongings of one of the spouses which serves him / her for a normal personal use and for practicing a profession.

Also, it is necessary to be known that the divorce court may determine a larger proportion of the property of the spouse to whom the custody of the children under age 18 is granted if this creates particular difficulties for him / her.

Of course, if there is a marriage agreement signed between the spouses before or during the marriage the requirements under this agreement shall be binding.

Prepared by “Valova and Angelova” law firm