What are the asset regimes?

Partial communion of goods

In this regime, the Goods acquired by each one after marriage are considered common to the couple and, in the case of separation, will be shared equally between the two, regardless of who contributed to their acquisition.

What each person possessed before the union remains the sole possession of the parties. This is the modality adopted as the standard for relations of stable union. In other words, if the couple opt for another regime, they must formalize the option by means of a public deed of prenuptial agreement (in marriage) or a contract in court (in the case of stable union).

An example of this option of asset regime occurs when a couple acquires a property during the lifetime of the marriage.

In the event of the bond being wound up, the property shall be shared and its value shall be equally divided between the two, regardless of how much each contributed to the acquisition.

In this regime, however, some assets that, although they become part of the couple’s estate during the marriage, will not be shared, such as those that are donated only to one of the spouses, those resulting from inheritance, the proceeds of each one’s work and those for personal use.

Universal communion of goods

By this regime, all goods, including those acquired by each of them on a date prior to the marriage, and even those given by inheritance, come to belong to the two, so that, at the moment of separation, they will also be shared.

In order to formalize this type of regime, it is necessary that the couple make, prior to the marriage, a public deed of prenuptial covenant. In the case of a stable union, if this is the couple’s choice of regime, a contract must be made in the registry.

The separation of goods

In This regime, much of the property acquired before the marriage or union, and those acquired by each spouse or partner in cohabitation of the couple, and they remain the individual property of each of the parties, there being no division of assets in the event of a separation.

Just as in the universal communion of goods, it is necessary, for the choice of this regime, for the couple to make an prenuptial agreement in a notary (prior to marriage) or a contract in a notary (in the case of a stable union). This type of scheme, however, is compulsory in the case of marriage over the age of 70 or under the age of 16.

Final participation

In the estate-under this scheme, each spouse can freely administer the property that is in his / her name for as long as the marriage lasts, i.e. the spouses can behave as if they were married under the property separation scheme.

However, when the marriage ends, by divorce or death, the property will be shared according to the rules of the partial communion of property regime. Therefore, it is a regime similar to the partial communion of goods, in that the division of property in separation considers only those acquired during the life of the marriage.

This regime allows the spouses greater autonomy for the administration of their respective patrimony. However, there must be great mutual trust, as it is possible for one spouse to dispose of property without communicating to the other.

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