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separacion de bienes en chile

In this article you will find:

  • Separation of goods
  • Liquidation of the conjugal partnership
  • Declaration of a good family

The parties can (if they wish) agree to Total Separation of Property Regime or the Participation in the Marital property, which shall be reported to the Civil Officer at the time of the Manifestation of the Marriage or before the celebration. If nothing is expressed, it is understood that opted for Conjugal partnership, as the general scheme and character accessory.

In case of marriage of minors, the person who gives the consent for the celebration of the Marriage shall authorize also the property regime agreed.

Separation of goods

The can perform those married spouses in conjugal society or regime of participation in acquisitions, and who wish to change such a regime of total separation of property. It can be done at any time during the term of the marriage, and may be in the form agreed to or in judicial form for the woman.

If you both agree to replace the regime of conjugal partnership by the separation property, it is not necessary the intervention of the court, but the lawyers write the scriptures and is carried out the liquidation of the conjugal partnership, all of which subsequently enrolls.

Liquidation of the conjugal partnership

Acts against those spouses who at the time of effecting the separation of assets, want to liquidate the conjugal partnership. This is convenient when there are social goods, and can be done in conjunction with the separation of property.

Declaration of a good family

The declaration of homestead is intended to get a court ruling that was in line with specifically the house that serves as the primary residence of the family and movable property to the guarnecen, so that the family assets involve a broad spectrum of goods.

Both the woman and the husband together where there is agreement, or one of them when it is not, may apply to the Court at the corresponding level as that which constitutes the homestead, and it does not matter if you are married in community property, separation of property, or under the regime of participation in acquisitions.

Read also: Trial of Food: Demands spousal support

Once you constitute family assets, they may not be hypothecated, pledged, or sold, without the consent of the spouse who is not the owner. This way, if the husband is the owner of the well, to sell it, hipotecarlo or prendarlo requires the authorization of the woman.

Source: www.solodivorcios.cl


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