How To Know In What Matrimonial Regime We Are Married?
In each autonomous community there are different laws. To know in which matrimonial regime we are married, it is necessary to review the rules in force at the time of getting married.
The community of community property and the separation of property are the most common regimes. There is also the participation regime, which is not very frequent. The other option is the well-known matrimonial capitulations, which center the agreements on the express wish of the contracting parties.
The matrimonial regimes are contemplated in the Civil Code, as well as the matrimonial agreements. They are very relevant because they define the basis on which the distribution is made in the event of divorce. They also allow you to make decisions about the acquisition of new assets or joint ventures.
Best known regimes in capitulations
In the community property regime, the assets of each spouse are made common. If a separation occurs, they are divided into halves. The separation of property establishes that each spouse maintains the property acquired before marriage: those acquired after marriage will be divided equally in the event of a divorce or separation.
Finally, the participation regime indicates that each one has the right to participate in the other’s earnings. This would be, of the three, the regime that ensures, in the event of divorce or separation, that each spouse gets all their assets in the distribution.
Marriage agreements are prior agreements made based on the common wishes of the spouses. Thus, the matrimonial property regime that both want to govern them is made explicit. It is advisable to opt for this route so that later there are no surprises.
It is advisable, advised by a lawyer, to go before a notary to record your aspirations as part of the marriage contract. Thus it will be recorded that the couple chose the matrimonial property regime, the separation of property or the participation regime. Otherwise, the decision will be made based on the legislation in force in each region.
How to know in what matrimonial regime we are married?
To know the matrimonial regime that governs if there was no signing of capitulations, the spouses must review, in principle, article 9.2 of the Civil Code. It establishes that it will be the common personal law of the contracting parties that will govern the effects of the marriage.
In the absence of regulations, the criterion will be the habitual residence of one of them, chosen by mutual agreement. It may also be set based on the place where they will live after the celebration of the marriage or the place where the ceremony was held. In the event of a change of residence, the previously agreed agreements do not lose their effectiveness.
The matrimonial regime depends on the autonomous community
In each autonomous community there are rules. The contracting parties can avail themselves of the Common Law, recognized in most of the territory. Also to the regional or special law that governs in some autonomous communities such as Aragon, Balearic Islands, Catalonia, Navarra, Valencia, Galicia and areas of Vizcaya.
The matrimonial regime that governs in Aragon and the Balearic Islands, in the absence of capitulations, is the separation of property. In Catalonia, the same regime is applied, but participation in profits, a half-by-half agreement, association with purchases and improvements, coexistence agreement and community of assets is also recognized.
In the Valencian Community the community property regime is applied, as in Galicia. In Navarra, the legal reconquest society is applied, similar to the community property regime, in which the spouses administer the common or conquest assets.
Marriages in the Basque Country are governed by the Regional Communication of Assets. According to this regime, the assets of both people, acquired before or after the marriage, will be common in equal parts. Its disposition requires the consent of both or judicial authorization.
The right decisions
If we are forward-thinking, we will have made the right decisions, usually through the marriage capitulations. Otherwise, in the law we will have the answers to these concerns. The literal content of the marriage certificate must also contain this information. It is worth researching about it.
The knowledge about which matrimonial regime will regulate the coexistence between the spouses is decisive. They regulate the economic part of the marriage union. If for some reason the decision is separation or divorce, there will be the answer to the way to proceed at that time. It is also necessary to know this based on new investments, partnerships and commercial agreements that could put the family assets at risk.
