Legal Regime of Real Estate Acquired with Funds from a Loan Contract Concluded Before or During the Marriage

Abstract

In a time when the purchase of real estate – especially apartments – is largely financed by long-term loan agreements, and when statistics show that the number of divorces is increasing year after year, the question of the real estate legal regime acquired through loan agreements is becoming an increasingly important issue. In order to properly understand the problem of the legal regime of real estate, it is necessary to distinguish two groups of cases: firstly, the cases when one spouse concluded a loan contract before marriage and used that money to finance the purchase of a certain real estate; secondly, the cases in which the real estate was financed with funds from the loan acquired during marriage, but which (the marriage) was shortly after terminated and only one spouse continued to repay the loan.