As a result of amendments brought to the Civil Code in matters of family relationships, through a matrimonial convention, the spouses or future spouses may choose for the regime of separation of goods or the conventional community regime. If the spouses or future spouses do not conclude a matrimonial convention, they would be assigned, in law, the legal community regime.
The spouses or future spouses, through convention, can only choose one single matrimonial regime and cannot depart from the rules on equality between spouses, parental authority or the legal successional devolution, but also from the rules on matrimonial regime in general.
If the spouses come under the legal community regime, they may request to perform an inventory of own movable goods acquired before the marriage.
All the matrimonial conventions, regardless of the date of their conclusion, but also of their modifications, will be sent by the civil-law notary at the National Notarial Register of matrimonial regimes, in order to fulfill the formalities of registration.
The spouses married under the legal community before October 1, 2011 can perform the separation of goods during the marriage after the entry into force of the Civil Code, without however the matrimonial regime to be liquidated.
When concluding a matrimonial convention, through which the spouses choose the regime of separation of goods, the notary will prepare an inventory for movable goods at the request of the parties.
In case of conventional community, the spouses or future spouses can determine in advance, when concluding a matrimonial convention, the share devolving upon them of the property jointly acquired during marriage, share which is mandatory for all purchases during marriage, any amendment to this clause following to be preceded by the liquidation of the matrimonial regime and the conclusion of another matrimonial convention.
Through the matrimonial convention the spouses may choose the dwelling of the family.
When opting for the regime of separation of goods, the spouses or future spouses may provide a clause according to which the goods purchased during the marriage together by both of them belong in common property on shared ownership parts, so that in every act of purchase, under these conditions, it should be determined the joint possession share part devolving upon each of them depending on actual contribution.
Spouses and future spouses may agree that, in case of death of one of them, for the surviving spouse to take over without payment, before the partition of the succession, one or more of the common goods, owned in joint property or co-ownership.
The matrimonial regime is liquidated at the moment of dissolution of marriage by divorce, when changing the existing matrimonial regime or at the death of one of the spouses.
The liquidation is performed through a liquidation deed concluded in an authentic form or, in case of disagreement, through a court judgment.
In the deed of liquidation of the community, the first operation will be to determine the share part devolving upon each spouse/ former spouse on the basis of his contributions both when acquiring the common goods and when fulfilling the obligations. Then will proceed to the partition of the goods and the regularization of debts.
In case of the death of one of the spouses, the liquidation of the matrimonial regime will be made by the surviving spouse and the successors of the deceased spouse or, in case of co-deceased or simultaneously deceased, by the successors of both of them, through the same deed.
