Shares and divorce

Whose shares are they and how does it work in case of divorce?

If you have a private company with limited liability (bvba) or a public limited liability company (nv), it seems logical that the bvba or nv shares should be in your name. But this isn’t always the case, especially if you are married. It depends on the marriage system who the shares belong to and how they may be divided in case of divorce. 

• The system of separation of goods: if you are married with separation of goods, then the spouses are financially independent of each other and any income remains the property of the one generating it. The shares belong to the one registered in the shareholders’ register. 
• The legal system: if you are married according to the legal system, separation of goods and a community of acquisitions apply. The shares are often considered to be common goods even if they are in the name of only one person.
• The system of free association: if you are married according to the system of free association, then all assets belong to both partners. This means that the shares are common property.

Lossy Advocaten helps you in share disputes, settling and dividing shares following a divorce. We will look for the best solution together with you. Does it make sense to buy out your partner so that the bvba or nv becomes entirely your property? If yes, we help you with the purchase. Does it make sense to divide and settle the shares following a divorce? If yes, we provide advice concerning the best way to do this.