The Community Property in Divorce

The conjugal partnership is a legal concept, which contains the community of property forming husbands upon marriage, that is, the existing economic social assets between spouses.

It is important to determine and meet real time that will be part of the community property, the Colombian Civil Code, Title XXII, Chapter II, provides for the credit of the community property, and what are their burdens, here are, what are the properties that they are part of it:

  1. Salaries and emoluments of all kinds of jobs and occupations accrued during the marriage.
  2. Of all the fruits, revenues, pensions, interest and profits of any nature arising, whether social goods, be it the private property of each spouse and accrued during the marriage.
  3. The money than any of the spouses furnishes marriage or acquired during it, forcing the company to refund the same amount.
  4. From the fungible and furniture species that either spouse bring to the marriage or during it acquires; The Company is required to restore its value as it had at the time of contribution or acquisition.
  5. But spouses may waive the communion any part of your furniture species, designating them in the capitulation, or a signed by both and by three witnesses domiciled in the territory list.
  6. Of all the assets that either spouse acquired during marriage for consideration.
  7. In the real estate that CONTAIN ANY marriage, so that society will restore its value in money.

It is well expressed in the marriage or in other public documents issued at the time of delivery, designating the value, and otherwise proceed in the contract of sale of real estate.

Likewise, there are some properties that will be excluded from the community property, Article 1883, specifically mentions that goods be excluded from social

  1. The property which has been duly subrogated to own another property of either spouse.
  2. The items purchased with one’s own spouse, for this purpose in the marriage contract or a grant because of marriage values.
  3. All materials increases accrete to any kind of one spouse, forming one body with her, barrage, building, planting or any other cause.

Notwithstanding the aforementioned, the Colombian civil code also includes other articulated about the liabilities and assets of the community property, and what should be the treatment and consideration, requiring that the experticio lawyer to look at the case concrete and able to provide a diagnosis of the process of each individual.

In the divorce is by mutual agreement, means express divorce, or divorce at the family court, you need to be clear that goods are part of the community property and what not, you also need to know if marriage contracts were made before marriage, to know that this legal properties, will necessarily be excluded.


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