Marital Property and Acquisitions under the Civil Code
Community of Property
The Civil Code, specifically Article 1344, defines community of property as the shared profits acquired by either spouse during the marriage, to be divided equally upon dissolution. This system implies an economic partnership between spouses, akin to a partnership agreement. Some legal scholars argue that this residual regime establishes a universal partnership for acquired gains. The 1981 legislation abolished Article 1395, which referred to statutes. Article 1344 emphasizes that earnings and benefits are common to both spouses and are divided equally upon dissolution of the marriage’s economic regime. Community of property begins at the time of marriage or later, as agreed upon in Article 1345. If spouses subject to the Civil Code haven’t established a different economic system, a profit-sharing partnership arises by default. Post-marital agreements are possible, based on the principle of mutability of the marriage’s economic regime, allowing modifications to the established system.
Joint Management
Article 1375 establishes the principle of shared management and disposition of marital property between spouses, unless otherwise specified. The principle of spousal equality is upheld, allowing either spouse to perform acts of administration and provision in many cases.
The Principle of Joint Action
Articles 1375 to 1391 address both administration and disposal powers. It’s important to distinguish between these two, as both generally require the consent of both spouses.
Acts of Administration
According to Article 1377.1, acts of disposition require the consent of both spouses. Article 1322.1 states that if the necessary consent is not given, the act can be canceled at the request of the other spouse within four years.
Acts of Disposal Free of Charge
These acts are null and void without the consent of both spouses (Articles 1378 and 1322.2). Due to the applicability of nullity action, challenging such acts is possible at any time, even during the dissolution and liquidation of community property.
Mutual Responsibility of Information (Art. 1383)
Extra-Judicial Authorization
The Civil Code addresses extra-judicial authorization for acts of administration. If one spouse is unable or refuses to give consent, the judge may authorize the act if deemed relevant to the family.
Assumptions of Individual Legal Action
These include the disposal of fruits of personal assets, the advance of cash dower, dower heritage defense, emergency expenses, and assets and rights held in the name of one spouse.
Assets of Community Property
The term “assets of community property” refers to the property subject to the spouses’ ownership under the marital system. This system distinguishes between separate property (dower) and common property (acquisitions). The Civil Code addresses this in Articles 1346 to 1361, outlining general rules and a key presumption regarding marital property.