00:00In connection with a recent legal tip in which we discussed the topic of marital property,
00:05Regarding which we said, in short, that they were those assets that entered the marital partnership
00:12when it involved a married couple and that, once the marriage was dissolved and liquidated,
00:18They came to increase the spouses' assets.
00:23On that subject, then, a kind follower of this viewer's legal tip section,
00:28who identified himself as José Lin, has asked us to explain whether, eventually, the spouses,
00:37Are all assets acquired after marriage community property, or if, eventually, as we have already pointed out,
00:43There are some that are not social, that is, that do not have to be divided and that would be private property.
00:56In this regard, let us say the following.
00:59Yes, when two people marry and a marital partnership arises between them,
01:04Each of them may have two types of assets,
01:08social property and individual property.
01:11Community property refers to assets that become part of the marital partnership.
01:16and these will be the assets that will have to be divided when it is dissolved and has to be liquidated.
01:21Personal property, as its name also indicates,
01:25These are those that are under the authority of either spouse,
01:28but they don't have to be distributed because, precisely, they are their own.
01:33What, then, are social goods?
01:36Social assets generally fall under the name or description
01:42or in the enumeration made in article 1781 of the Civil Code.
01:48That article, therefore, as we have already pointed out, contains the enumeration of social assets,
01:54which can then be summarized in the following characteristics.
01:59All movable property is considered social property.
02:02Furniture consists of things that can be moved, that can be relocated.
02:06Thus they enter into the marital partnership, as we have already pointed out,
02:10all the furniture that is in the name of the spouses.
02:13Whether they were those they had at the time of marriage or those acquired later,
02:17It does not matter whether they are acquired free of charge or for a fee.
02:21Something is acquired free of charge when, in order to obtain it,
02:25It was not necessary to give anything in return.
02:27Let's think, for example, about when it is received through a donation or an inheritance.
02:32Conversely, an onerous title is when, in order to obtain the thing,
02:36It was necessary to give something in return.
02:38What is given in return can be money, it can be something else, or it can be work.
02:44So, all the furniture fits.
02:47Secondly, what are social goods?
02:50Real estate, which are those things that cannot be moved.
02:55Let's think, for example, of a plot of land, a house, or an apartment.
02:59Let's consider, with respect to real estate, that it will only be considered social property when it is acquired
03:04after marriage and for valuable consideration.
03:08And thirdly, the real estate owned by the spouses will be considered community property.
03:12at the time of marriage, but that they be contributed to the marital property
03:17by virtue of capitulations.
03:20What would then be considered one's own assets?
03:23Well, those who do not fit within these circumstances.
03:25In other words, as a general rule, real estate owned by spouses is considered separate property.
03:31at the time of marriage, real estate acquired after marriage
03:37free of charge and movable property that is excluded from the marital partnership
03:43through marriage contracts.
03:47In short, then, these are the social assets that will have to be distributed.
03:52and separate property that should not be divided when two people have had
03:57a marital partnership, they dissolve it and proceed to its liquidation.
04:02We hope we have been clear on this matter, and we are grateful.
04:07to our kind follower José Lin and, as we've been doing lately,
04:12We invite viewers to ask us questions.
04:16Thanks a lot.
