When there are divorces regarding spouses married in the community of property regime, the spouse who purchased a property with his or her own private money for the community of property can recover said property in case of divorce but, only if they can prove the private nature of the money expended. Therefore, the assets of marriage with community of property will be presumed to have such condition, unless it can be proven that they are exclusive to one of the spouses.

After a divorce, the consequent liquidation of the assets acquired by the spouses will be within the community of property if both spouses are willing to attribute their community marital regime to the property acquired. However, if one of the spouses proves that the price was paid with private funds they will have the right to request to the other spouse the reimburse of the updated amount, that is, the right to get a reimbursement in their favor.

The statement above means that you will have a credit in your favor against the community of property that will have to be taken into account when liquidating it, hence, being able to recover the money you paid for the property and with its updated value too

Este sitio web utiliza cookies para que usted tenga la mejor experiencia de usuario. Si continúa navegando está dando su consentimiento para la aceptación de las mencionadas cookies y la aceptación de nuestra política de cookies, pinche el enlace para mayor información.plugin cookies

Aviso de cookies