Yes, I want … but with separation of property | It’s you, not your money

The number of wedding it was reduced with the crisis, but in recent years they have been recovering. In Spain there are about 170,000 weddings a year (after the minimum of 2013 with just over 156,000 marriages), the number of civil ties is growing, we are getting married older and older and couples prefer, according to statistics, the second half of the year to say “yes, I do”; the preferred ones are the summer months.

Both weddings and divorces they are personal decisions and with a high emotional component, with a significant load of stress, but also with economic and financial implications That should be taken into account, beyond the own expenses that the specific event entails. As we said a few weeks ago in another article on this blog, many grooms have (or may arise) the question of whether it is convenient for them to marry in a community property regime or in separation of property.

As we have seen, the matrimonial property regime regulates the patrimonial effects of marriage and the decision on this issue can affect the people who marry not only if the marriage is dissolved, but, for example, if one of the two has a business, since the responsibilities of the latter could affect the assets of both.

In Spain, in the common territory, the matrimonial regime “by default” depends on the autonomous community and in most cases it is that of community property, which we have already commented on. On this occasion, we are going to talk about Separation of property regime which is the one established, in the absence of an agreement, in Catalonia, Aragon and the Balearic Islands. In any case, the spouses can agree in capitulations the regime they want, as established in the Civil Code.

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In the case of common law, the property separation regime applies in the following cases:

  1. When the spouses expressly agree to it.
  2. In the event that in the matrimonial agreements the spouses state that they do not wish to be governed by the community property regime and do not expressly opt for the profit sharing regime.
  3. When during the marriage the property or participation regime is extinguished or terminated.

If the separation of property is chosen, the property that each spouse had at the beginning of the marriage, as well as those acquired after it, belong to said person. Each spouse will administer their assets and will be able to enjoy and dispose of them freely., although it is true that, although in the case that the Habitual housing It is a proprietary good (that is, it belongs exclusively to one of the two), to sell it the authorization of the other spouse will be necessary.

It should be noted that in the property separation regime there may be a common heritage, made up of all those assets that have been acquired by both spouses over time. The Civil Code indicates that, in the event that it is not possible to prove to which spouse some asset or right belongs, this asset corresponds to both equally.

The regime of separation of property is the one usually used by marriages in which one of its members (or both) develop their own professional activity, since this way they safeguard the patrimony of the other, so that it is not affected by the possible debts derived from your activity. This is the main advantage of this option, which, in addition, would facilitate the separation process and which, as we have said, allows the free disposal of assets.

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As we always say, before making a decision of this type, it is convenient to understand the consequences of the different options in order to make the best decision.

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