What does the property regime consist of?

Through the community property regime, the benefits obtained by either of them become common to both spouses; If the company is dissolved, either due to the death of one of the spouses or due to separation of both, the assets that would have been generated under that regime will be distributed equally between both spouses.

The following are considered marital assets: those obtained through the work of either spouse , the income or interests produced by both private and community assets , those acquired by right of withdrawal, those acquired at the expense of the common wealth, and companies and establishments . founded by one of the spouses, for the duration of the partnership.

In the case of assets purchased in installments, it must be taken into account that while the community property is in force , if the assets are acquired by one of the spouses and in installments, they will have a marital nature if the origin of the first disbursement that was made was marital independently . that the rest of the installments were paid by only one of the spouses, but if the first disbursement was exclusive, the property will be exclusive.

The property partnership can be dissolved in the following ways: dissolution of the marriage; void marriage ; by judicial declaration of absence; by judicial separation of the parties; by marriage settlement agreement of a different matrimonial property regime; due to judicial incapacity of one of the parties and when one of the parties carries out acts that entail  fraud for the rights of the other party, within the community property regime.

In the same way, dissolution is established when one of the spouses is convicted of abandoning the family , by judicial declaration of bankruptcy; due to de facto separation of the parties for more than one year; due to family abandonment or by mutual agreement; for liquidation of the property company and for outstanding debts of one of the parties.


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