
Couples in Latvia
Last updated on: 11.05.2022
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1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
The matrimonial property regime is governed by Latvian law if the spouses’ place of habitual residence is in Latvia. If the property of the spouses is located in Latvia, then in respect of this property they are also subject to Latvian law even if they do not have a place of residence in Latvia Art. 13 Latvian Civil Code (CC)).1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
Latvian law does not provide for a choice of law.2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
Under the statutory matrimonial property regime, each spouse retains the property which belonged to him/her before the marriage, as well as the property he/she acquires during the marriage.Everything acquired during the marriage by the spouses together, or by one of them, but from the resources of both spouses, or with the assistance of the actions of the other spouse, is the joint property of both spouses; in case of uncertainty, it shall be presumed that such property belongs equally to both spouses (Art. 89 CC).
The separate property of each spouse is:
- property owned by a spouse before the marriage, or property the spouses have, by contract, designated as separate property;
- assets which serve the personal use of one spouse, or are required for his/her independent work;
- property which was acquired gratuitously during the marriage by one of the spouses;
- income from the separate property of a spouse that is not assigned to the needs of the family or the joint household; and
- property that replaces the property referred to in the previous paragraphs (1-4) (Art. 91 CC).
2.2. Are there legal assumptions concerning the attribution of property?
The burden of establishing that certain property is separate shall lie upon the spouse who asserts such. The fact that immovable property is the separate property of one spouse shall be recorded in the Land Register.In case of any doubt, it is assumed that the joint property is owned by both spouses in equal shares.
2.3. Should the spouses establish an inventory of assets? If so, when and how?
There are no rules requiring an inventory of assets to be established.2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?
The spouses can freely administer and use their separate property during the marriage (Art. 90 para. 1 CC).The spouses shall jointly administer and use their joint property, but upon agreement between them, it can also be administered by one of them alone. The disposal of this property by one spouse requires consent from the other spouse (Art. 90 para. 2 CC).
In the interests of third parties, it is assumed that disposal of movable property received such consent, except for cases when the third party knew or should have known that the consent was not in place or when the property of which one spouse disposed obviously belonged to the other spouse.
2.5. Are any legal transactions made by one spouse also binding on the other?
For obligations regarding family or joint household needs that have been incurred by one of the spouses, the other spouse shall be liable with his/her separate property only if the consideration for such obligations has been used for family and joint household needs (Art. 96 para. 2 CC).2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?
The property of one spouse may not be used to cover the liabilities of the other spouse. If due to the debt of one spouse enforcement proceedings are started against the separate property of the other spouse, the latter may request that his/her property is released from the proceedings (Art. 100 CC). If for the payment of one spouse’s debts the joint property is used, the other spouse may request division of property or release of his/her part from the enforcement proceedings.The spouses are liable with the joint property and, if that is not sufficient, with their separate property for obligations that they have entered into jointly for family or joint household needs (Art. 96 para. 1 CC). For obligations regarding family or joint household needs that have been entered into by one of the spouses, such spouse shall be liable with his/her separate property if the joint property of the spouses does not suffice. For these obligations, the other spouse shall be liable with his/her separate property only if the consideration for such obligations has been used for family and joint household needs (Art. 96 para. 2 CC).
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
By concluding a marriage contract, the spouses may stipulate a separation or a community of property (Art. 116 CC).If the spouses stipulate a community of property, the property owned by the spouses before the marriage, as well as the property they acquire during the marriage is, in principle, combined into one joint indivisible mass. This community property, however, shall not include the property that the spouses have stipulated as being each spouse’s separate property in the marriage contract.
The spouses agree who shall administer the community property (wife, husband or both together). If only one spouse administers the community property, then he/she may, subject to the restrictions provided in the law, use and dispose of it in his/her own name and is obliged to cover family and joint household expenses (Art. 124 CC). The other spouse’s consent is necessary in cases of alienation, mortgaging or encumbrance with rights in rem of immovable community property (Art. 128 CC). It is also necessary in the case of donation of movable community property if such a donation exceeds the amount of an ordinary, small gift (Art. 129 CC). Each spouse disposes of his/her separate property independently (Art. 125 para. 2 CC).
In the case of community of property, a spouse is liable for the other spouse’s debts incurred on behalf of the family and the joint household also with his/her separate property, but only where the community property and the separate property of the spouse who has incurred the debt is not sufficient (Art. 130 CC).
If a separation of property is stipulated, each spouse not only retains the property that he/she owned before the marriage, but can also acquire property and use, administer and dispose of it independently of the other spouse during the marriage (Art. 117 CC). A spouse may not use, administer or dispose of the property of the other spouse without the latter’s consent (Art. 118 para. 1 CC). However, the spouses can agree that the property of one spouse shall be administered by the other spouse. In this case, the administering spouse is liable for losses caused through gross negligence (Art. 119 CC).
Under the separation of property regime, each spouse is liable for his/her own debts with his/her own property (Art. 121 CC).
3.2. What are the formal requirements and who should I contact?
Marriage contracts are signed before a civil law notary in the presence of both spouses or, if one of them is under age, in the presence of his/her legal representative (Art. 115 CC).3.3. When may the contract be concluded and when does it come into effect?
A marriage contract may be concluded both during the marriage, as well as before entering into marriage, in which case it is registered only after the conclusion of marriage (Art. 114 CC). As between the spouses, the contract comes into force at the moment of its signing. In relation to third parties, the marriage contract has to be registered to be opposable to them.3.4. May an existing contract be modified by the spouses? If so, under what conditions?
The spouses can modify the existing contract on the same conditions as were in effect when they signed the contract.3.5. Can a matrimonial contract be given retroactive effect according to the national law in your country, when spouses conclude this contract during marriage?
In Latvia the marriage contract may be concluded before marrying as well as during marriage. For marriage contracts to have binding effect as against third persons, they shall be registered in the Spousal Property Relations Register and in respect of immovable property, also in the Land Register. The marriage contract is binding from the moment of conclusion. Therefor it is not possible to conclude a marriage contract during marriage with retroactive effect.4.1. Do one or more matrimonial property registers exist in your country? Where?
The matrimonial property regime provided for in a marriage contract has to be registered in the Spousal Property Relations Register held by the Register of Enterprises in order to be opposable to third parties. Besides that, also other information required by law (see under 4.2.) and contracts, court judgments, decisions, and notices that pertain to the property relations of the spouses shall be registered.The marriage contract shall be registered in the respective regional department of the Register of Enterprises in whose serviced administrative territory one spouse’s place of residence is registered. If the marriage contract includes a clause about real estate, the contract shall also be registered in the Land Register of the place where the property is located.
4.2. Which documents are registered? Which information is registered?
The Spousal Property Relations Register shall contain the following information:- Information on the spouses;
- Information on the matrimonial property regime stipulated: separation of property or community of property; time of registration in the Register; information about the marriage contract; time of termination of the matrimonial property regime;
- Specific information: information on which assets form part of the separate property of each spouse; liability of a spouse for the obligations of the other spouse; restrictions of the spousal property rights; other information that pertain to third parties; notations.
4.3. How and by whom can the information in the register be accessed?
Any person can consult the Register and request extracts from its files.4.4. What are the legal effects of registration (validity, opposability)?
The contract, as well as a court judgment on the division of joint property, is opposable to third parties after its registration in the Spousal Property Relations Register; with regards to real estate, it is opposable after its registration in the Land Register.4.5. Can a matrimonial contract concluded in a foreign state according to foreign law be registered in your country? If yes, under which conditions or formalities?
In Latvia it is possible to register a matrimonial contract in the matrimonial register, which is made abroad. The registration is only possible if a sworn translation of the contract in the Latvian language is made. See for further information.5.1. How is the property (rights in rem) divided?
Under the statutory matrimonial property regime, after divorce each spouse retains his/her separate property. The joint property is divided equally between the spouses.If the community of property regime has been chosen and nothing else has been stipulated, in case of divorce the community property, after deduction of debts, is equally divided between the spouses (Art. 137 CC).
If the marriage contract provides for the separation of property regime, there is no division of property in case of divorce. Each of the spouses retains the property which belonged to him/her before the marriage, as well as the property which he/she acquired during the marriage (Art. 117 CC).
The spouses may sign an agreement before a civil law notary or conclude a private contract on the division of property. Such an agreement may be signed only during the marriage. If the spouses do not reach an agreement, then the dispute shall be brought to the court in the form of a claim.
5.2. Who is liable for existing debts after the divorce/separation?
Debts are taken into account when dividing the property. The spouses may sign a contract on the division of common obligations. If there is a dispute, then it shall be brought to the court in the form of a claim.5.3. Does one spouse have a claim to an equalisation payment?
During or after the dissolution of a marriage, a (former) spouse may claim support from the other (former) spouse commensurate to the means of the latter if the latter by his/her actions has contributed to the termination of the marriage and if the support is necessary to ensure the previous standard of living of the claiming spouse (Art. 81 CC).If one spouse, while administering the property of the other spouse, has made necessary expenditures from his/her own property, then only upon the termination of such administration may he/she request from the other spouse reimbursement of these expenditures to the extent he/she himself/herself is not obliged to cover them (Art. 101 CC).
The claimant assesses his/her claim; in the case of a dispute an expert is involved. Furthermore, under the community of property regime, a spouse has to reimburse what he/she has spent from the community property for the benefit of his/her separate property. If a spouse has made expenditures out of his/her separate property for the benefit of the community property, he/she may require repayment from the community property (Art. 138 CC).
Each spouse, irrespective of what matrimonial property regime is applicable, is entitled to dispose freely of his/her own property in the case of death (Art. 88 CC).
The surviving spouse inherits from the deceased spouse irrespective of what matrimonial property regime was applicable between the spouses during the marriage (Art. 392 CC).
The surviving spouse receives the same share of the deceased’s estate as each child if the number of remaining children is less than four. If the number of children is four or more, he/she receives one fourth (Art. 393 CC).
If the deceased spouse has no surviving descendants, nor adopted children, the surviving spouse receives one half of the inheritance and, additionally, the furnishings of the spouses’ dwelling.
If there are no surviving descendants, adopted children, ascendants, nor brothers or sisters or children of them, or if the remaining inheritors do not claim their share, the whole inheritance goes to the surviving spouse (Art. 396 CC).
The surviving spouse inherits from the deceased spouse irrespective of what matrimonial property regime was applicable between the spouses during the marriage (Art. 392 CC).
The surviving spouse receives the same share of the deceased’s estate as each child if the number of remaining children is less than four. If the number of children is four or more, he/she receives one fourth (Art. 393 CC).
If the deceased spouse has no surviving descendants, nor adopted children, the surviving spouse receives one half of the inheritance and, additionally, the furnishings of the spouses’ dwelling.
If there are no surviving descendants, adopted children, ascendants, nor brothers or sisters or children of them, or if the remaining inheritors do not claim their share, the whole inheritance goes to the surviving spouse (Art. 396 CC).
No, Latvian law does not provide for a special property regime for multi-national couples.
Latvian law only recognizes the marriage between heterosexuals. There are no laws regulating registered or unregistered partnerships.
All disputes of civil law shall be subject to the court. They shall be examined by a district (city) court, except for matters to be examined, in accordance with law, by a regional court.
If the division of property is done in the course of a divorce proceeding, in principle, the court of the district in which the defendant has his/her habitual residence is competent (Art. 26 para. 1 Latvian Code of Civil Procedure).
If in the mutual relations of the involved states Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility is applicable, jurisdiction of Latvian courts is determined in accordance with the provisions of this regulation.
If the division of property is done in the course of a divorce proceeding, in principle, the court of the district in which the defendant has his/her habitual residence is competent (Art. 26 para. 1 Latvian Code of Civil Procedure).
If in the mutual relations of the involved states Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility is applicable, jurisdiction of Latvian courts is determined in accordance with the provisions of this regulation.