Division of marital property – payment for use of property over share
The law firm has filed an appeal against the district court’s ruling on the division of marital property.
An important legal issue is whether a spouse using a joint property to the exclusion of the other spouse is obliged to pay remuneration for the use of the property in excess of his 1/2 share.
Particularly important is the co-owner should demand in advance that the property be released to him or her for joint use, and whether
the mere filing of a case for the division of property should be treated as a lack of consent to the use of the entire property by the other co-owner.