What types of marriage regimes exist?

Marriage is the union of two people, of the same or different sexes, which is established through certain rites or legal formalities. This celebration involves the creation of a series of rights and obligations between spouses and, furthermore, it gives rise to the existence of various situations relating to the order of heritage. That is, the management of the economic assets of both members of the couple.

The objective of this article is the study of the different marital economic regimes. These are defined as the set of rules that determine the economic interests of the spouses among themselves and their relationships with third parties.

Its analysis is of great importance, especially to understand What would happen to common property in the event of separation, as well as in hereditary successions or divorce. Next, we will see what effects each marital regime has in these situations.

Necessary nature of the marriage regime

The existence of some marital regime is an unavoidable consequence of marriage. Therefore, The existence of a marriage without a matrimonial regime is not inconceivable.; Even if there was total silence when deciding which to establish, certain rules would be established jurisprudentially.

In simpler terms, the couple can choose which marital regime to adhere to. If you do not make this choicethe one established by law additionally will be established with the union.

For example, in Spain, in almost all the Autonomous Communities, community ownership is established as a supplementary regime. This means that, unless the spouses express otherwise, when they formalize their marriage union they will do so on a community basis.

The economic regime applicable to each marriage It is determined by both parties in the marriage agreements, without other limitations than those established by the Civil Code. In the absence of capitulations, or when these are not effective, the regime will be that established by each community. As we mentioned, the community property regime is usually applied, which we will study below.

Types of matrimonial regimes

The Spanish Civil Code contemplates three marital regimes: marital property, separation of assets and participation. Each one has its particularities, which are important to understand and take into account when deciding on this issue.

Profit regime

The community property is the most common regime. It is mainly characterized because in it all the gains and benefits that the spouses have obtained during the marriage are made common.

Thus, when a couple marries in community property and pools their assets, we differentiate two types of assets within it:

Private property. Those that the spouses had before the community property existed, as well as those inherent to the person, clothing and all objects of personal use that are not of extraordinary value. Also the goods that are acquired later by free title.Common goods. They are those obtained by the work or industry of the spouses that become common to the couple. Also the fruits and income produced by both private and common property and the companies and establishments that have been founded during the marriage.

In the event of separation or divorce, it can be complex to differentiate which assets correspond to each member of the couple. To separate the assets, What is done is to make an inventory of all the assets.

In this way, it is established that private assets are for the spouse to whom they belong; However, with the commons an inventory of the existing assets and liabilities is made and a liquidation is carried out.

To carry out this process it is very It is advisable to have the help of a professional lawyer. Especially in complex cases, and with the aim of avoiding further confrontations between members of the couple.

Separation of property regime

In this regime, it is established that Each member of the couple has their own assets, without a common one. In this way, each of the spouses manages their assets. Thus, when spouses acquire property jointly, both will appear as owners of said property.

We must emphasize that, in this case, although there is no common heritage, both spouses must contribute to the marital expenses. Well, this is what article 1438 of the Civil Code dictates. The main advantage of this regime is that, in the event of separation or divorce, liquidation of assets is simpler.

Participation regime

Each of the spouses preserves his patrimonial autonomy during the marriage, But in the event of divorce or separation, it proceeds as a community property. In reality, it is a regime that mixes aspects of the previous two.

The liquidation that is carried out In the event of divorce or separation it would be similar to that of the community property regime. However, an inventory is first carried out to determine the initial and final assets. Once the calculation is made, the participation that corresponds to each one is determined.

Other matrimonial regimes

There are two other typical regimes that, despite their controversial characteristics, They are still valid in certain countries. In Spain, specifically, they are not contemplated by law.

Unfortunately, the regime of absorption of the wife’s economic personality by the husband. That is, all of the woman’s assets are transferred to the husband after marriage. This regime means that the woman does not have any right even during the marriage to its dissolution. This is a sexist and degrading concept that should not be allowed by law.

It is also still valid in some nations the regime of union of assets. In this case, ownership of the assets is not transferred to the husband, but their administration and usufruct are. So the woman retains the real right of ownership of her, but she does not have any right of credit.

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