It is the system that governs the property relations of the spouses with each other and with respect to third parties. In other words, it is the system according to which the economy and goods, money of a marriage, are administered.
How many types are there?
Three types:
- Conjugal society
- Total separation of assets
- Participation in the gains
What is a conjugal partnership?
In this system the patrimony of both spouses forms a single one, common to both, which is administered by the husband. This includes both the assets that each had before getting married and what they acquired during the union.
What does the total separation of property mean?
The estates of each spouse and their administration are kept separate before and during the marriage bond. In other words, “what is mine is mine and what is yours is yours.”
What is the participation in the gains?
In this regime, the assets are kept separate, but if the regime ends, the spouse who acquired goods of greater value must compensate the one who obtained less, so that both remain equal.
When should I choose the patrimonial regime that I want for my marriage?
- In the case of a conjugal partnership, it can be agreed before the celebration of the marriage or in the same act of its celebration (marriage agreements). If nothing is said, it operates by default.
- In the case of total separation of assets, it can be agreed before the celebration of the marriage, in the same act of its celebration (matrimonial agreements) or during the marriage.
- In the case of participation in the joint property, it can be agreed before the celebration of the marriage or in the same act of its celebration (matrimonial agreements) or during the marriage.
If we are married under a conjugal partnership, can we change our regime?
During the marriage, the marital partnership regime can be replaced by that of participation in the joint property or by that of total separation. The total separation can also be substituted for participation in the gains and vice versa. Exceptionally, the woman can demand a judicial separation of property if the husband has engaged in behaviors such as abandonment of the home, insolvency or not helping the spouse.
What patrimonial regime do couples married abroad have?
People married abroad are considered married with separation of assets in Chile, unless they register their marriage in the Registry of the First Section of the Santiago Commune, and agree to a conjugal partnership or participation in the community.
Who owns the property in the conjugal partnership?
The conjugal society is the owner of the goods that enter it. However, it is possible that the woman has her own assets, outside of society, administered by her and that must be obtained as a result of her work or profession, if it is separated from her husband’s employment (this is what is called “reserved equity”). The rest of the assets are managed exclusively by the husband , who, however, will need the wife’s authorization to perform certain acts, such as setting up a mortgage on certain real estate.
Who administers the assets in the conjugal partnership?
According to the law, the husband is the administrator of the property in the conjugal partnership.
What rights do women have over property in a conjugal society?
Virtually none, since the husband is the legal administrator of everything, including the assets that the woman has obtained by donation or inheritance. But she can dispose of the assets and earnings that she obtains as a result of her work or profession , if she is separated from her husband’s employment.
How is a conjugal partnership dissolved?
Due to divorce, nullity or separation of assets, due to the death of one of the spouses or due to change to another patrimonial system, among others.
What Happens to Assets When a Marital Partnership Ends?
A community is produced between the spouses, or between the surviving spouse and the heirs of the other, who can request the liquidation of the conjugal partnership . In the liquidation, certain assets must be discounted and the assets that remain as community assets must be divided into halves.
What Happens to Assets When a Separated Marriage Ends?
Each one keeps his own patrimony, that is, with what each one acquired in his name before and during the term of the regime .
What Happens to Assets When a Joint Venture Marriage Ends?
The gains that each one obtained during the marriage, such as money, assets or properties that were not part of the “single estate” should be calculated. The spouse who has more earnings must give the other half of the difference between them.
How are material assets (car, house, property, etc.) distributed when a marriage in a conjugal partnership or participation in the joint property ends?
Assets must be valued, a task that can be done by mutual agreement or by order of a judge. Thus, each one can be awarded goods according to their monetary value, although it is also possible to liquidate them to distribute money and not goods.
I am a woman, I was married in a conjugal partnership and I have reserved assets. What happens to him if I get divorced?
As the woman has a separate patrimony from the conjugal partnership, at the time of its termination she has two options: include her patrimony reserved for that of the society and then make the distribution of assets, or keep it excluded, in which case she must renounce the joint property , that is to say, to what the common patrimony has grown while the regime lasted.
Do you have to do inventories or affidavits at some point?
Only participation in the community requires an inventory of the assets, and it is done at the beginning of this regime.
