00:00On the occasion of a recent legal tip in which we referred to the expression
00:05marital property, a kind and dear follower of this legal tip section of
00:10spectator, who is usually identified as the litigating engineer,
00:16has asked us to give a slightly more detailed explanation of what
00:21Understand this concept, what marital property is. This is because, in my opinion,
00:26For those not involved in the legal world, it might suddenly seem like he's someone else.
00:31may be somewhat difficult to understand or even confusing.
00:42In this regard, let us say the following. While it is true that when two people
00:47They decide to form a family, either through marriage or through
00:52marital union, in fact, the fundamental aims they pursue are to
00:58living together, the possibility of eventually procreating, and the need to support and help each other,
01:04As established in Article 113 of the Civil Code, it is no less true that
01:09Ultimately, and this is almost undeniable, both intend or
01:15the interest or at least the desire that, as a result of that coexistence, that
01:20As a result of this union of efforts, their assets will increase, that is, they will
01:25acquire things, obtain goods, so that if at any point the
01:31If the marriage or marital union is not working, when it needs to be dissolved and
01:37liquidate, in the case of marriage in the conjugal partnership, in the case of the union
01:41marital, in fact, in the patrimonial society, since things must be divided that, as already
01:47We said it, increase the assets of each member of the couple.
01:53Those things that are achieved during the validity of the marital partnership and the patrimonial partnership
01:59and which must be divided equally, are the marital property.
02:04The term "communal property" comes from the word "gain," that is, in other words, "communal property."
02:09Very simply put, marital property comes from making that increase in assets that is generated
02:15for the members of the couple as a consequence of having lived together, of having worked together
02:22and having formed, as we already said, in the case of marriage, a conjugal partnership
02:27and in the case of a marital union, in fact, a patrimonial partnership.
02:32While it is true that, commonly, what usually happens is that something has to be divided, that is,
02:39Something has to be divided, some assets have to be distributed, that is, some profit must be generated.
02:47This is no less true, and the law makes no comment on this matter, nor should it.
02:52which may eventually occur during the term of the marriage or marital union
02:58no profits are generated, or even if some assets are acquired,
03:03The debts that the members of the couple have, which are social debts, exceed the value of those debts.
03:10Therefore, in the event that there are no things to distribute or in the event that there are
03:16things to distribute,
03:17But if the debts exceed the value of those things, then the community property will not exist; it will be zero.
03:24Why? Because there are no profits.
03:25However, in either event, whatever there is, as we already said, is divided equally.
03:33emphasizing that just as the assets that constitute the profits are distributed,
03:38The debts will also have to be divided equally,
03:42which would be, if the assets are not enough to cover the debts, not marital property, but losses.
03:49So, in conclusion, and from a slightly more blunt point of view,
03:53Marriage or common-law partnership, in fact, will be a good deal insofar as at the time of
04:00dissolve
04:00and when dissolving the marital partnership or the joint property, there are many things to divide.
04:06Or will it be a bad business when there is very little to distribute, nothing to distribute, or the only thing to be distributed
04:13Distributing debts is a way of doing business.
04:14We hope we have shed some light on this topic, and we thank our follower.
04:19And we invite others to also ask us questions.
04:24As we have said on other occasions, this helps us to broaden our topics.
04:29Thank you so much.
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