Mandatory Participation of Spouses in Court Proceedings

In law, there is an institute under which spouses in a civil marriage must, in certain cases, participate jointly in court proceedings. Such cases include judicial partition of jointly owned property, ownership claims, or claims for disturbed possession where the property is held in co-ownership.

This institute, regulated by the Civil Procedure Code (CPC), is called joinder of parties and has several forms. In its mandatory form, the participation of both spouses is an absolute prerequisite for the admissibility of the proceedings and for the issuance of a valid court decision. In its other form — necessary but not mandatory joinder — the procedural law does not require both spouses to be parties to the case.

For a long time, there was conflicting court practice on this issue, which led the Supreme Court of Cassation to issue an Interpretative Decision in 2017. The Court adopted two main theses: that spouses are necessary co-parties, but not mandatory ones — meaning the absence of one spouse does not invalidate the proceedings.

The judges reasoned that otherwise, parties might be unable to exercise their legal rights — for example, if you file a property claim against a married person and the other spouse avoids service of court documents, your constitutional right to property would effectively be denied.

As a final conclusion, the General Assembly of the Civil Chamber held that spouses are necessary but not mandatory co-parties, and the absence of one does not render the proceedings invalid.

Given the specificity of such procedural situations, it is advisable to seek assistance from a lawyer specializing in civil and family law when such issues arise.

This article does not constitute legal advice. For assistance in similar matters, please consult a lawyer experienced in civil, family, and inheritance law, including divorce cases.