Financial aspects

Property claims during marriage

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. 

Case Law