Matrimonial Property

A sample of some of the questions which may arise concerning this aspect of marital life are as follows:

• Can disputes pertaining to marital property be dealt with preceding divorce?
• What legal procedures are involved in property claims during marriage?
• Can co-ownership of property be cancelled?
• Can current interest payments on a joint loan be reclaimed?
• How can existing ownership be secured during marriage?
• How do cross border issues affect property claims during a marriage?

These questions reflect the potential for dispute and discord between spouses about property claims during a marriage; especially if a marriage happens to be in a crisis but is not (yet) at the point of divorce. As such disputes are not as a rule dealt with in division proceedings (this procedure only being possible following a divorce under Austrian substantive law), they are usually dealt with in contentious proceedings. For example, the cancellation of a co-ownership could be obtained in Austria through an action for division; while current interest payments on a joint loan could generally be reclaimed from the other spouse on a pro rata basis. In cases involving property claims during marriage, it may be imperative to avoid escalation; as well as to have prompt, efficient and legally valid answers to individual questions.

Should the stakes be high for you, we would suggest you contact us in order to have not only the best qualified but also the most efficient legal advice and representation available (contact).