| Marital property regime | | |
In case no separate property regime is adopted by the spouses, or if the pre-nuptial agreement is null (invalid), a regime called "Participación en las Ganancias" applies. In this regime, each spouse maintains the administration, use, enjoyment and free disposition of his/her personal assets acquired prior and during matrimony, with the limitation that both spouses are granted reciprocal rights on each other's property's profit. What is the default marital property regime? | Deferred full or partial community of property | Código de la Familia, Art. 81 - 82
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Who legally administers joint marital property? | The original owner | Código de la Familia, Art. 103-106
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| In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Other | Código de la Familia, Art. 112 - 126
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| Joint titling | | |
Note that, under the default regime of "Participación en las Ganancias", only in those instances in which the spouses acquire together an asset, it is considered a common asset belonging to both. For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | No | Código de la Familia, Art. 103 y 104
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| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | No restrictions could be located
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| If joint titling exists for married couples, is it the default for marital property? | No | Código de la Familia, Art. 103 y 104
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| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | Código Civil, Art. 337
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | Código Civil, Art. 337
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| Do married men and married women have equal ownership rights to moveable property? | Yes | Código de la Familia, Art. 102 - 104
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | Código de la Familia, Art. 102 - 104
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| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Código Civil, Art. 661 - 662
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| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Código Civil, Art. 661 - 662
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| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Código Civil, Art. 686
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| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Código Civil, Art. 686
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| In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Código Civil, Art. 685 - 691
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