How to be in separation of property?
Separation of assets Gijón.
In most cases where the question is asked, what is your marital property regime? The majority answer is; -I don’t know, we haven’t signed anything. Well, this question is not trivial, because in the area of ordinary law, to which Asturias belongs, spouses who do not sign marriage contracts will be under the economic regime of the community of property owners during their marriage. Our law firm in Gijón explains to you what the implications are and how they can be modified.
The legal regime of the community of property owners assumes that the spouses form a community by which, after the marriage, all earnings and assets acquired for profit (think as an example the income from work) become equal for both spouses. In the same way, it occurs with debts, being the general criterion that firstly the debtor responds, in its absence the community of property and thirdly the other spouse.
If the marriage is to be dissolved, both the assets and the liabilities of the community of property must be divided between the two parties. Therefore, the creation of this society between the spouses and its liquidation depends only on them and can be done before or during the marriage, going to a notary to sign the so-called capitulations, which consist of a contract where the spouses agree on the economic model that will follow the marriage, the most common in these cases is the separation of property.
This, unlike the system of community of property, does not create any community of property between the spouses and the profits and assets obtained by each will be exclusive, as well as the debts incurred by each. In addition, and as another of the differences, if the divorce were to occur, there would be no assets or liabilities to be distributed. If you have any doubts about this, our team of Gijón family lawyers can help you.