Division of Assets and Marital Regimes

Mataela Attorneys >> Family Law , Law >> Division of Assets and Marital Regimes

Your marital regime determines how assets are divided at divorce.

Marriage in Community of Property
All assets and debts fall into a joint estate, usually divided equally upon divorce unless a court orders otherwise.

Marriage Out of Community of Property with Accrual
Each spouse keeps their own estate, but the growth (accrual) of the estates during the marriage is shared at divorce.

Hidden Assets
If a spouse attempts to hide assets in companies, close corporations, or trusts, the court may investigate and, in certain circumstances, “pierce the corporate veil” to ensure a fair division.

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