Separation of Assets with Equalization of Accrued Gains (Accruals): A Marital Property Regime for the Modern Family?

International Survey of Family Law, 2014

13 Pages Posted: 9 Apr 2014 Last revised: 17 Dec 2014

Anna Stępień-Sporek

University of Gdańsk School of Law; Stępień-Sporek, Pawelski, Stoppa Spółka Partnerska Kancelaria Radców Prawnych i Adwokatów (Law Office)

Margaret Ryznar

Indiana University Robert H. McKinney School of Law

Date Written: April 9, 2014

Abstract

This article presents the marital property regime of separation of assets with equalization of accrued gains, suggesting a direction for necessary reform that could increase the regime’s popularity in Poland. This article also endeavors to address the usefulness of the marital property regime for families in both the European Union, where efforts to harmonize marital property law were recently undertaken, and in other countries such as the United States, which shares to some extent the concept of the regime but may also be interested in alternatives to its two current regimes, particularly given that American couples themselves are free to agree to their own property arrangements by virtue of a premarital or marital agreement.

Keywords: family law, comparative family law, domestic relations, marital property regime, marital property, property, separation of assets with equalization of accrued gains, accruals, community property, separate property

Suggested Citation

Stępień-Sporek, Anna and Ryznar, Margaret, Separation of Assets with Equalization of Accrued Gains (Accruals): A Marital Property Regime for the Modern Family? (April 9, 2014). International Survey of Family Law, 2014. Available at SSRN: https://ssrn.com/abstract=2422770

Anna Stępień-Sporek

University of Gdańsk School of Law ( email )

Jana Bażyńskiego 6
Gdańsk, 80-180
Poland

Stępień-Sporek, Pawelski, Stoppa Spółka Partnerska Kancelaria Radców Prawnych i Adwokatów (Law Office) ( email )

ul. Jana Matejki 21/2
Gdańsk, 80-232
Poland

Margaret Ryznar (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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