When a couple with jointly owned property makes the decision to separate or divorce, they must go through what is legally known as the “division of common property” or actio communi dividundo in Latin. As lawyers specializing in family law, we want to devote this new blog post to explaining this concept.
The division of common property as a possible avenue following divorce is expressly provided for in the Civil Procedure Law 1/2000. Broadly speaking, the text says that in separation, divorce or annulment proceedings, either spouse may simultaneously file a petition regarding the division of common property with respect to assets held under undivided co-ownership. We can also read in the Civil Procedure Law that “if there are various assets under the undivided co-ownership regime and one of the spouses so requests, the court may consider them as a whole for the purposes forming lots or awarding them.”
Avoiding the duplication of proceedings and reducing time
Thanks to the change in the law, a petition regarding the division of common property can be added to divorce proceedings in order to avoid the duplication of proceedings and reduce time. That is, this petition to divide common property will be filed along with the divorce petition. Afterward, when the competent judge issues their ruling on the divorce, they must acknowledge the termination of the joint ownership the spouses have over the asset to be divided, such as their home.
At ICN LEGAL, as lawyers who are former judges, we emphasize that it is increasingly common to petition for the division of common property along with the divorce petition when a couple separates. If you need advice in this regard, don’t hesitate to contact us.