Management of property between spouses and cohabitation partners

All legal matters between spouses or cohabitation partners must be made in the form of a notarial deed. If you are seeking answers to the above questions, refer to a notary.

Notarial deed can, for instance, be drawn up when only one of the spouses is registered as the real estate owner in the land register, whereas in truth it is community property acquired during the marriage as the result of the combined efforts and resources of both spouses. The notary will, in the form of a notarial deed, record the shares of the community property and upon signing it, propose the appropriate entries in the land register.

If you you are filing for a no-fault divorce and agree about the property distribution, a notary will draw up a property distribution agreement. Such agreement is also a mandatory attachment to a no-fault divorce application that the spouses must submit to the court.

In the Republic of Slovenia it is not yet possible to conclude a marriage contract, which would permit spouses to specify property division. It is proposed in the new Family Code, which is not yet in force. However, you can already specify the property acquired prior to marriage, which is separate property and is not subject to property distribution in case of divorce, and reduce the risk of a complicated settlement of the property after divorce.

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