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After divorce: when can you claim a larger share of marital property?

A larger share for substantially greater contribution: evidence and the one-year period, separately from Bulgarian partition proceedings.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • Higher income is not automatically substantially greater contribution.
  • Childcare and household work also count.
  • The greater-contribution claim has a one-year period.

A higher salary during marriage does not automatically produce a larger share of common property after divorce. Article 29(3) of the Family Code requires one spouse’s acquisition contribution to substantially exceed the other’s.

Contribution is more than a bank transfer

The law recognises funds, labour, childcare and household work. Assess overall contribution to the common property acquired, rather than only who transferred the price of one apartment. Family care may have enabled the other spouse to earn income.

This claim differs from asserting that property was personal from the outset through inheritance, gift or conversion of personal assets. It also differs from allocation of use of the family home. An incorrect legal characterisation can direct the evidence toward the wrong facts.

The period is separate from partition

Article 31 permits the Article 29(3) claim within one year after termination of the marriage or marital community. Do not wait for years because co-ownership has not yet been partitioned. Establish the precise termination date and examine any judicial settlement or approved agreement.

The separate Article 29(1) ground concerns parental rights and particular hardship; it has different conditions and a different starting point. Collect evidence of actual contribution over the relevant period. Salary comparisons or allegations about conduct during divorce do not replace the required proof.

Practical guidance

What to do, step by step

01 / 03

Choose the correct issue

Personal title, share size and use are different.

  • Check acquisition grounds.
  • Review the divorce judgment and agreement.
02 / 03

Check timing

Pending partition does not preserve every claim.

  • Establish the termination date.
  • Plan filing under the applicable ground.
03 / 03

Collect the full contribution picture

Financial records are only part of the evidence.

  • Organise income, investment and labour records.
  • Document family care and common acquisitions.

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This article is for general information only. It does not constitute or replace individual legal advice.