Real estate is considered to be joint property of both spouses if property rights to it were acquired during time of marriage and when both spouses had a joint household, as there is grounds to believe that finance necessary for acquiring property were used from joint family budget made up of contribution of both spouses according to their present situation, when one spouse was bringing children up and doing housework, and another spouse was working wage labour.

This is one of basic conclusions in case-law summary performed by the Supreme Court in cases about division of joint property of spouses.

Study consists of analysis and research of case-law between 2007 and the first half of 2012, studying court rulings appealed in the Senate in cassation proceedings. This study doesn’t include analysis of those issues, responses to which may be found in similar cases in summaries of rulings of the Senate of previous years.

Lawful property relations of spouses are examined in the study. In court rulings examined there was no dispute arising from contractual relations of spouses. In most court rulings analysed, it has been asked to declare property registered in public registers on the name of a spouse, as joint property of both spouses, as well as it has been asked in several rulings to declare property as separate property of the spouse.

The study was performed by Dr.iur Ingmara Bergmane in cooperation with the Department of Civil Cases and the Division of Case-law of the Supreme Court.

The study is available at the home page of the Supreme Court www.at.gov.lv in Chapter Court Information/ Compilations of Court Decisions.

See here

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211