Settlement of the community property regime

The Supreme Court (SC) has recently resolved a case related to the settlement of the community property regime after a divorce, in which a conflict arises regarding the way to distribute several properties owned by both former spouses. After their separation, they agreed, in the divorce agreement approved by the judge, that each would have the right to use and enjoyment for life of one of the apartments, one over the former family home and the other over a house in another location.

However, when making the inventory of assets to proceed with the settlement, doubts arose about whether the total value of the apartments should be recorded or only what truly belonged to the community property, as part of those rights were already "reserved" for each one by the divorce agreement. Someone was not satisfied with the inventory, and the matter reached the SC, which clarified the situation.

The SC has made it clear that the agreements reached between spouses in the regulatory agreement are fully valid as long as they are not contrary to the law, morals, or public order. Therefore, it considers that the agreement between them must be respected and the inventory should only include the bare ownership of the apartments, reflecting the right to lifelong use that each reserved in the divorce. This way, nobody's rights are violated, and the autonomy of will that married individuals have to organize their assets upon separation is correctly applied.

In a conflict situation regarding the economic regime of marriage, our professionals will provide you with appropriate advice and defense of your interests