WHAT SHOULD WE KNOW ABOUT THE SPOUSE PROPERTY COMMUNITY (SPC)

WHAT SHOULD WE KNOW ABOUT THE SPOUSE PROPERY COMMUNITY (SPC)

    Essentially, the community regime is reduced to the emergence of an inseparable and indivisible, for the duration of that regime, joint ownership by the spouses of real rights in movable and immovable property acquired during the marriage as a result of joint contribution, regardless of the name to whom they were acquired. Between the spouses, a special, disjointed co-ownership occurs automatically, which cannot be terminated as long as their property relations are subject to the legal regime of the community, that is, until they are married. Rights acquired by the spouses during the marriage, regardless of the presence or absence of joint contribution, remain the personal property of the spouse in whose name they were acquired. The community legal regime is, in essence, a combination between a matrimonial property community over certain property rights and the spouses' personal ownership of all other property acquired by them during the marriage. Prerequisites for the emergence of a marital property community First, the right in rem must be acquired by one or both spouses during the marriage. No matrimonial property community arises if the right in rem is acquired during a non-existent marriage, that is, one not concluded in the form of a civil marriage. In such cases, the persons are in actual cohabitation. It does not matter which of the two spouses is the holder of the property right acquired during the marriage; the important thing is that it is acquired by a spouse and that the moment of acquisition is to be placed in the interval between the marriage and its dissolution. No matrimonial property community arises if the spouses have purchased during the marriage by common means a property in the name of one of their children or in the name of a third party. This is because in this case the rightholder does not have the capacity of a “spouse”. The second prerequisite for the emergence of a matrimonial property community is the requirement that the property right acquired by either spouse during the marriage should be acquired as a result of a joint contribution of the two spouses. Joint contribution is expressed in a variety of forms: direct contribution through investment or labor, or indirect contribution through the care and upbringing of under-aged children by marriage, or through domestic work. In the event of a dispute, the contribution of the spouses should be established at the time of the acquisition of the right in rem, and not at a later date. The personal property of the titular spouse is the property rights acquired by him prior to the marriage, as well as those acquired by him during the marriage by inheritance or by donation.  In the case of a donation made jointly to the two spouses, a common co-ownership should arise between them and their parts shall be presumed equal, unless otherwise provided in the donation contract;  In the case of a will made jointly for the benefit of the two spouses, ordinary civil ownership arises between them. Personal to the respective spouse are also substantive awards received by him as a distinction for the personal efforts, diligence and success in participating in competitions, competitions, unless the other spouse contributed to the result. Substantive winnings from games of chance (chance games) are initially the personal property of the spouse involved in the game, unless the participation fee is paid by common means of the spouses. Personal property is the movable property acquired by one spouse during the marriage, which serve him for ordinary personal use, as well as those that serve him for the pursuit of a profession or craft.