Matrimonial Regime - Separate Property Systems

Separate Property Systems

• separation of property - all property, pre-marital or marital, is owned separately. (Fr séparation de biens, Sp separación de bienes, Du scheiding van goederen, Ger Gütertrennung, It separazione dei beni)
  • separation of property with equitable distribution - in instances of inequality between spouses, an underprivileged spouse may be awarded some of the dominant spouse's property by the courts.
• accrual system (aka differed community of property) - marital property is owned separately during the marriage, but after marriage (divorce, death of a spouse), the net assets are lumped together as property in joint tenancy and divided. (Fr participation aux acquêts, Sp participación, Du aanwasbedeling, Ger Zugewinngemeinschaft, It partecipazione agli acquisti)