Joint assets partition
The spouses, during the marriage or after the dissolution of the marriage, may divide their joint property acquired during the marriage by amicable agreement at a notary.
List of required documents
For the authentication of the joint assets partition deed and of the liquidation of legal community of assets deed the following documents are required (in principle), and they must be presented in original copies at the date of signing the papers:
- The identity cards;
- The marriage certificate;
- The property deeds;
- The certificate of registration the ownership right and the cadastral documentation;
- The drawing to scale/sketches;
- The tax certificate for each owner (per taxpayer’s personal identification number) valid for 30 days from the date of issue by the Local Tax Department of the sector/city to which the property belongs;
- The proof of payment of utilities bills (electricity, natural gas, Apa Nova);
- The certificate from the owners’ association (if it is constituted);
- Energy performance certificate;
- The amount of the owelty (if any), the method of payment and the accounts from and to which the bank transfer will be made (the limit for cash payment is 50,000 lei);
- If the property is mortgaged: the mortgage contract, the credit agreement and the bank’s consent to the conclusion of the partition.
*Before signing the partition, the Deed of Liquidation of the community of property is authenticated, establishing each spouse’s share of contribution to the joint property. The legal presumption is 50-50%, but spouses can declare a different share, depending on the actual situation.
*This liquidation deed mentions the assets of each spouse (acquired during the marriage – e.g. by inheritance, donation), the joint assets of the spouses as well as their debts. Therefore, property deeds or related credit agreements will also be required.