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Thursday, May 26, 2022
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If I give the inherited apartment into common ownership: can I get it back in the event of a divorce?


I have a private apartment, inherited from my parents, which I am thinking of putting into my common property, but I would like to know if I can get it back if I ever get a divorce.

Our advice is that in the notarial deed of contribution, indicate the value of the house and a statement that the value indicated must be taken into account during liquidation of common propertya case of you.

Thus, even if the house becomes jointly owned by your direct contribution, at the time of liquidation, you will have credit against common property the equivalent of the value of the house, which must be reflected in the liabilities for the common property. Your spouse will need to agree with this statement to avoid problems.

*Answer prepared by law firm Echeandia & Alevito:


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