Equalization In The Regime of Participating to Acquired Properties (TMK Article 230)

Equalization in the regime of participating to acquired properties is regulated in Article 230 of the TMK. Therefore, when a group of property of one of the spouses shifts to another group, the equalization must be realized. In accordance with Article 230 law paragraph I of TMK, if a debt of an acquired property is paid with a personal property of a spouse, this value is removed from the remnantal value and added to the personal properties. If a debt of a personal property is paid with the acquired properties of one of the spouses, this value is added to the remnantal value. In a classical equalization, which is regulated in Article 230 TMK, increases and decreases in value are not taken into consideration. In accordance with Article 230 law paragraph III, the equalization occurs when an acquisition, an improvement or a protection of another group of property is contributed by a group of property of one of the spouses. In variable equalization, which occurs when an acquisition, an improvement or a protection of a group of property is contributed by another group of property; increases and decreases of the value of property, that is being talked of, are must be taken into consideration too. Because of that, from the standpoint of that property, changes in value, which occur between contribution and liquidation dates, are effective in equalization. If an acquired property is contributed by a personal property, the determined value must be subtracted for the remnantal value. On the contrary, if a personal property is contributed by an acquired property, the determined value must be added to the remnantal value