Can one of the spouses manage his/her share in the property that is jointly owned by the spouses?

Share

Key provisions:

1. Disposition of a share in joint property before its determination:

  • One of the spouses has the right to make a will regarding their share even without its prior determination or physical allocation.

2. Alienation of a share by other means (contract, donation, etc.):

  • One of the spouses can only alienate their share after:
  • The share is determined and allocated physically, or
  • A usage order for the property is established.

Examples of alienation possible after share determination:

  • Conclusion of a sale, exchange, or donation contract.
  • Transfer of property for lifetime use or as collateral.

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