Mag. Peter Hora (geb. Moser) LLM
Associate

Phone: +43 (1) 533 16 95
+43 (1) 533 16 95 - 599
Mail: moser@preslmayr.at

Key aspects

Career

  • 2015 Sponsion an der Universität Wien (Mag. iur.)
  • 2015-2016 Gerichtspraxis
  • 2016-2022 Rechtsanwaltsanwärter in renommierten Wirtschaftskanzleien in NÖ und Wien
  • 2020 Rechtsanwaltsprüfung
  • 2020-2022 Studium „Familienunternehmen und Vermögensplanung“ an der Universität Wien (LL.M.)
  • Seit 2022 Rechtsanwalt

Publications

Matser Thesis: Property Divisison after Marriage

The purpose of the right of partition is to divide the property based on the joint efforts during the marriage. Assets brought into marriage, acquired upon death, or donated are not to be considered in the division proceedings, because they do not result from a joint effort of spouses. Division becomes complex if these assets are used to finance joint projects during the marriage, such as the purchase of the marital home. Does the conversion of property that is basically excluded from division lead to its division by way of exception?

The master thesis is dedicated to answering this complex question, which is of high relevance. It is common practice for spouses to use gifts from their parents or premarital savings to realize their dream of owning a home together. At the same time, such a use of assets can have considerable legal consequences in the event of divorce and the subsequent division of assets. In this paper, the possible consequences of conversion on postmarital division are systematically elaborated, based on important Supreme Court decisions and with practical cases.

Print Page Top