Scheme of goods in marriage
29 de April de 2019
Property regime is the statute that disciplines the economic, active and passive interests of a marriage, regulating the consequences in relation to the own spouses and to third parties, from the celebration until the dissolution of the marriage, in life or by death.
The choice of the property regime serves not only to regulate the management of property during the marriage, but also after its dissolution, both by separation of fact or divorce, and by the death of one of the spouses.
Therefore, we will talk about each of the regimes below, in a summarized way, so that the main doubts about the subject are eliminated.
- Partial communion of goods
In this regime, the patrimony will be governed in the following way: “what is mine, is mine. What’s yours is yours. And what is ours is half of each, “that is, the goods acquired by each of them before marriage, as well as the goods received free of charge during marriage (donations, inheritance), are not part of the common patrimony.
It is only part of the couple’s assets that was acquired during the marriage costly.
This regime is also called a supplementary regime, because when the parties do not explicitly choose any regime and do not express their will, the supplementary regime is applied.
- Universal communion of goods
“Everything that is yours is mine. And everything that’s mine is yours. ” That is to say, there are no individual assets in this regime, since a union of the assets (including also debts and credits) occurs, each of the couple owning half of all assets, both those acquired during marriage, and those acquired before marriage of union.
However, in this regime there are exceptions. The property received by one of them through donation or inheritance or containing the restriction called a “incommunicability clause” does not enter into the assets of the couple.
This clause occurs when the donor declares in writing that he does not want this property to be part of the joint assets of the couple. Thus, this property will be private and not of both spouses.
Total separation of goods
“What’s mine is mine. What’s yours is yours. ” There is no communion of any good, nor debt, whether acquired before marriage or in the constancy of marriage, whether purchased for consideration or free of charge.
Compulsory separation of goods
Everything is separate, as in the regime of total separation of property, however, it is not a regime chosen but imposed by law in specific situations, as in cases of marriage of a person over 70 years and those who depend on judicial authorization for marry, as is the case of minors under 18 years of age.
- Final participation in the
In this regime, there is a fusion of two regimes: total separation and partial communion. That is, in the course of marriage the rules of total separation of property apply. However, at the time of divorce, the rules of partial communion of assets will be applied, sharing the goods acquired costly by each one during the union.
The central element of this scheme is that the spouses are united in the gains and separated in the losses, that is, each party maintains its freedom in relation to the administration of its own assets during the marriage and they divide everything that was conquered of formively expensive during the marriage in case of divorce.
It is important to clarify that it is possible to amend the property regime of the marriage at any time during the marriage, provided that it is not the mandatory separation of property and provided that it is requested in a justified manner by judicial authorization.