263
=S=> BGB 1378. 1 If the accrued gains of one spouse exceed the accrued gains of the other spouse , the half of the surplus is due to the other spouse as an equalisation claim .
=S=> BGB 1378. 2 The amount of the equalisation claim is limited by the value of the assets that remain , after deduction of the liabilities , at the end of the property regime .
=S=> BGB 1378. 3 The equalisation claim arises on the ending of the property regime and from this date on it is inheritable and transferable . An agreement on the equalisation of the accrued gains that the spouses enter into , during proceedings instituted to dissolve the marriage , for the eventuality of the dissolution of the marriage , must be notarially recorded ; section 127a also applies to an agreement that is recorded in proceedings on family matters before the court hearing the case . Apart from this , neither spouse may before the end of the property regime agree to dispose of the equalisation claim .
=S=> BGB 1378. 4 The equalisation claim is statute-barred in three years ; the period begins on the date on which the spouse discovers that the property regime has ended . However , the claim is statute-barred at the latest thirty years after the property regime ends . If the property regime ends as the result of the death of a spouse , moreover , the provisions that govern the limitation of a claim to a compulsory share apply .
|
