If you have decided to marry in Romania, you should know that, before making all the formalities and enjoying your important day, you have the freedom to choose a matrimonial regime with your spouse.
What is a matrimonial regime?
A matrimonial regime represents the way in which your assets are managed when you will be married. It’s important to know that it can’t exist a marriage without a matrimonial regime.
Are there several types of regimes?
Yes. The Civil Code (where you can find more information regarding the family relationships) provides several types of matrimonial regimes, according to the desires and interests of each spouse: the legal community regime, the separation of assets, and the conventional community.
What represents the legal community?
The legal community governs the marriages in case the spouses did not choose any of the other two regimes mentioned. The legal community is the rule and it is the most common regime. In other words, if you haven’t signed a matrimonial agreement for the separation of assets or the conventional community, the marriage will have automatically the legal community as a matrimonial regime.
The legal community means that you and your spouse will manage the assets acquired after the marriage event in a common way. This means a kind of common property where neither of you has an established quota. It will not be something like 50% for the husband and 50% for the wife. They are equally owners of the property right.
Next, we will present to you some information about this regime.
Will all the assets be considered common ones during the legal community?
No, there are exceptions too, that can be found in the Civil Code.
For example, personal assets (the personal car, cosmetics, clothes) or those assets that are acquired as a prize, a reward, a scientific manuscripts or literature ones, like sketches and artistic projects, invention projects, and others are their own goods.
What kind of acts can be signed?
You can sign different type of acts, every type with its own set of rules:
- Conservation acts (the loss of a right is prevented; ex: in order not to lose the property right, it will be introduced an action in claim against a possessor third party);
- Acts of use (ex: the car is used by a spouse without the consent of the other, except the change of the destination of the good);
- Administration acts (it tends to a valorization, to normal use and exploitation of a good or of a patrimony, without its alienation; ex: the husband signs a lease contract and collects the monthly rent);
- Acts of alienation (ex: a common good is sold, but this act can be realized only with the consent of both spouses);
- Encumbrance documents (ex: one of the spouses sets up a mortgage, a type of document which is signed only with the consent of both spouses);
! Did you know that the incomes from your job, the pensions and other money from the intellectual property are common assets, but only if the claims are becoming due during the legal community?
What is the regime of separation of assets?
This regime means an exclusive property of each spouse regarding the assets acquired before and after the marriage, but only those which are their own.
This choice is made by signing a matrimonial convention (a notarized deed with the consent of both spouses given personally or by proxy). The matrimonial agreement will be effective either from the date of marriage or from the date previewed by parties in the particular case they choose to change the matrimonial regime during marriage.
How can I know that an asset is common or belongs to one of the spouses?
This is the role of the public notary. He will draft an inventory of all the assets in order to find out which is the owner in each case.
Can I use an asset which belongs to my spouse?
Yes, but you will have the quality of an usufructuary if the other spouse has no objections. For example, if necessary, you will make the necessary reparations for preserving the asset.
Can I be considered responsible for the obligations assumed by my spouse?
As a rule, no. But you will be considered responsible together for the ordinary costs of marriage and the for the legal obligations to rise and educate the children.
What about the conventional community?
This regime is a derogation from the legal community. When you sign a matrimonial agreement, you have the freedom to derogate from different rules that govern the legal community.
For exemple, maybe you want to sign with your husband some administration acts or to include some assets acquired before or after the marriage in the regime of the separations of goods.
Is there any possibility to change the matrimonial regime?
Yes, of course, but after passing a min. of one year from the date of marriage, in case of a conventional change. In this case, you can either change or replace the current matrimonial regime, it only depends on the choice of the spouses.
If we discuss the judicial change, this can be occasioned only as the consequence of a request made by one of the spouses and only in case of the legal community or the conventional one. The judicial change is required in case one of the spouses signs some acts that are dangerous for the family interest. This change may prevent these situations by applying the separations of assets.
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