The post-profit community is the regime in which the assets that make up a community property remain in the process of dissolution, but before they are divided (the assets) between the two spouses.
In other words, a post-profit community is the legal status of a set of assets that were part of a community property that is in the dissolution phase, but the assets have not yet been distributed among those who formed the conjugal partnership.
The post-profit community is found once the earnings of each spouse are no longer community. That is, they do not swell the whole of the community property because it is in the process of dissolution, and they are no longer liable for the debts, but these have not yet been liquidated and they have not been divided between the two.
Characteristics of the post-profit community
The main characteristics of this community are:
- It appears at the beginning of the dissolution of the conjugal partnership, but before its liquidation and partition.
- It is an ordinary community of goods.
- It is not regulated in the Civil Code.
- The mass of the post-profit society is made up of:
- Goods and burdens that weighed on the conjugal society.
- Debts contracted by both or by one with the consent of the other.
- Your patrimony will only be increased by receipt of things owed before the dissolution of the joint venture. That is, before the date on which said dissolution occurs, the community property company was the creditor of a debt and, if this is collected once this dissolution has begun, that money will increase the post-profit community.
- This community is governed by the management rules of the communities of property. That is, unanimity will be necessary to make decisions about its administration or management.
- This community cannot be seized for debts of one of the spouses.
When was this post-win community born?
This set of assets is born once the conjugal partnership is dissolved, but it has not yet been liquidated and this happens for reasons assessed by law or by the judicial request of a spouse.
- Dissolution by Law – ope legis:
- When the marriage is dissolved: That is, existence of divorce, death, or separation.
- If the marriage is declared void.
- When the legal separation of the spouses is agreed.
- When they decide to adopt a different regime, for example, they want to go from having a joint property partnership to separation of assets.
- Judicial dissolution at the request of a spouse:
- Having been the other judicially incapacitated spouse.
- That the other spouse has carried out on his own acts devices or patrimonial management that constitute fraud, damage or danger to the rights of the other in the community of property.
- Being separated in fact for more than a year by mutual agreement.
- Seriously and repeatedly breaching the duty to report on the progress and performance of their economic activities.
- Garnishment of the community property for proprietary debts of the other spouse.
This post-profit community is governed by the rules of an ordinary community of goods, which means that its rules are:
- Each spouse may use the common things, provided that they have them according to their destiny. For example, if the company of one of the spouses is within the post-profit community, you can use this asset in a way that does not harm the interest of the other spouse.
- Both will participate in the same amount of the conservation expenses.
- Neither spouse may, without the consent of the other, make alterations in the community.
- To make decisions about this estate, unanimity would be required, that is, the two spouses must agree.