Management of property between spouses and cohabitation partners

All legal matters between spouses or cohabitation partners must be made in the form of a notarial deed. If you are seeking answers to the above questions, refer to a notary.

Notarial deed can, for instance, be drawn up when only one of the spouses is registered as the real estate owner in the land register, whereas in truth it is community property acquired during the marriage as the result of the combined efforts and resources of both spouses. The notary will, in the form of a notarial deed, record the shares of the community property and upon signing it, propose the appropriate entries in the land register.

If you you are filing for a no-fault divorce and agree about the property distribution, a notary will draw up a property distribution agreement. Such agreement is also a mandatory attachment to a no-fault divorce application that the spouses must submit to the court.

A new Family Code enters into force in Slovenia

On 15 April 2019, a new Family Code (DZ) entered into force, which strengthened the powers of notaries in the field of family law. It brings a number of innovations that will make decisions easier for spouses, cohabiting couples and couples in same-sex partnerships. The key innovations concern in particular consensual decisions on the termination of the marriage and on property regimes.

Consensual divorce before a notary

Article 97 of the Family Code introduces a new institution of consensual divorce before a notary, which makes it easier to end a marriage. Spouses without joint children over whom they exercise parental care that wish to divorce, and have concluded an agreement on the division of co-owned property and on which of them remains or becomes a tenant of the home in which they live, and on the maintenance of the spouse who does not have the means of subsistence and is unemployed without fault, shall request a notary to draw up a notarial act on the agreement of the spouses to divorce.

Marital property agreement

A marital property agreement is a contract in the form of a notarial deed whereby the spouses determine their property regime that differs from the legal property regime. The agreement may, by their common accord, regulate other property affairs during the marriage and also in the case of divorce.

The marital property agreement shall be entered in the register of marital property agreements, which is kept by the Chamber of Notaries of Slovenia.

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