The divorce and the property regime selected| In the last delivery a little definition and legal frame of marriage was exposed and also about the legislation about marriage between people of the
same gender, nevertheless when the main topic is marriage is impossible to ignore the divorce.
The divorce, as it was explained in the last article, happens for three reasons: mutual consent of the spouses, separation for more than one consecutive year and for intolerable life in common.
Every legal act brings rights and obligations, in this case, the marriage is not the exception; According to the article 36 of the Family Code the spouses have equal rights and duties, and for the life in common they have, they must live together, be faithful and help each other under every circumstance, they must respect tolerate and considerate each other.
The article 38 says that the spouses must economically contribute according to their resources respectively. If any of them wouldn’t have any goods or any salary to share, the work performed in the house and the care of the children will be estimated as the contribution to the house with the same value of the economical contribution from the other spouse.
The article 39 talks about the cooperation, and it commands that any of the spouses must not limit the right of the other to perform any legal activity or start studying to improve the knowledge, they must share cooperation and help to organize the house activities. Also says that the house activities and the children care is responsibility of both spouses.
The non compliance of these obligations normally finishes in relationship cracks that finally can end up in a divorce.
The complication of the divorce will depend of the property regime selected, there are three different regimes:
Goods Splitting, it is found in the article 48 in the family code and it says that every spouse keeps the property, administration and free disposition of the goods that already had at the moment of the marriage, the goods obtained during the marriage and the production or benefits from these two classifications, with the exception of the family home.
This is the most recommended regime, is clear who is the owner of every good, and there are no complications if the moment of divorce comes.
Incomes Participation, Article 51 Family Code, in this disposition every spouse gets the right to participate in the obtained incomes of the other spouse, during the time that the regime is valid.
Every spouse has administration, enjoy and free disposition of the goods obtained under any kind of title onerous or not during the marriage and also the goods obtained before the marriage.
Deferred Community, we can find it in the article 62 in the family code, and it says that all the all the goods obtained under onerous title and all its production and benefits from any of the spouses only during the regime validity shall belong to both spouses and shall enjoy the half of it when the marriage is dissolved.
To be more specific, the difference between the regime of Incomes Participation and the Deferred Community, is that in the first regime the spouses have the right over the goods obtained during the marriage and the ones obtained before the marriage, and in the second regime, the spouses only have the right over the goods obtained during the marriage.
Si deseas citar este artículo, hazlo así:
AVENDAÑO, MARCELO. “THE DIVORCE AND THE PROPERTY REGIME SELECTED”. Publicado en la Revista Jurídica Digital “Enfoque Jurídico” el 18 de junio de 2015.