What happens if my spouse gives away money before divorce?

The asset inventory is generally established upon dissolution of the property regime, at filing for divorce, while valuation occurs at the actual judgment. This accounts for lengthy proceedings, particularly for real estate and shares.

What if a spouse gives all money in an account to a new partner, sibling or child before filing? It would ordinarily not enter the divorce inventory. To prevent this, Art. 208 ZGB provides that gratuitous transfers during the last five years of marriage without the other's consent are attributed to the donor's assets even if no longer held. This includes outright gifts and mixed gifts, such as selling a house far below value. Transfers made solely to reduce the other spouse's entitlement are added back even if older than five years.

 

In short: Gratuitous transfers in the last 5 years without the other spouse's consent are added back to the donor spouse's assets, even if no longer held. If assets were disposed of solely to reduce the other spouse's entitlement, transfers older than five years are also added.

#FamilyLaw#Divorce#DivisionOfAssets#SwissLaw
Written by Sheila Pfenninger
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