19
Feb

Among the many questions, we are asked daily, a lot of them are regarding which assets fall within the community of goods. As a result, we thought it would be beneficial to try to clarify some common doubts on this topic today.
The Community Property Regime is the most common property ownership system in marriages celebrated in our country. It is regulated by Law No. 2125 of September 27, 1949, which amended articles 1536 to 1539 in the Dominican Civil Code and by Law No. 189-01, which modifies the Civil Code in relation to the conjugal regimes in the year 2001.

The Community Property Regime is characterized by the contribution of the assets belonging to each spouse to the marriage, regardless of the amount.

Every marriage that takes place in the Dominican Republic is presumed to have been contracted under the legal Community of Property regime. This comes as a result of the fact that when spouses do not draft a conjugal contract nor choose a marital regime, according to our Law, it implies the acceptance of the legal community of goods system, which is governed by articles 1400 to 1496 of the Civil Code. If a couple would like to marry a different conjugal property system such as Separation of Property, they would need to start a special process in order to disclose the choosing of a different matrimonial regime.

GOODS THAT FALL UNDER THE COMMUNITY OF GOODS SYSTEM.

In essence, the assets that are part of the community of property are the ones owned by each spouse at the time of marriage, along with what each husband acquires during the marriage.
The community of assets includes:
– Furnishings.
– Vehicles.
– Money.
– Bank accounts.
– Receivables.

GOODS NOT INCLUDED IN THE COMMUNITY OF GOODS SYSTEM.

According to articles 1401, 1402 and 1404 of the Dominican Civil Code, real property acquired by any of the spouses before marriage is not part of the Community of Property.
In addition, the Community of Property does not include:
– Real property acquired through inheritance.
– Real estate acquired through donations or gifts.
– The income generated by the aforementioned assets.

LIABILITIES IN THE COMMUNITY OF GOODS.

In accordance with the provisions of article 1409, Law 189-01, the community is formed passively:
– “1. from all the debts related to personal property in which the spouses were taxed the day their marriage was celebrated; or from those that we’re taxing the inheritance received during the marriage. The exception to that would be the revenue from real property owned by one of the spouses;
– 2nd. from debts originated from capital, income or interest incurred by the husband or wife;
– 3rd. from income and interest originated exclusively from revenue or passive debts that are personal to both spouses;
– 4th. from usufructuary repairs of the properties that are not included in the community;
– 5th. from the food for the spouses, education, children support and any other burden of marriage ”.

ADMINISTRATION OF COMMUNITY ASSETS

As we have previously mentioned, the community of property regime is a system characterized by the contribution of property to the marriage from each of the spouses. This implies that each spouse made contributions towards that community, which is why both spouses should be able to manage that community and own such assets equally.

Previously, wives had no right to manage the assets of the marriage, but that changed thanks to modifications of the Civil Code by Law 189-01, which repealed articles 1530 and 1531. These articles used to confer all rights and powers over the real and personal assets of the wife, along with the fruits of the marriage upon the husband. Currently, women are able to manage the goods of the community.

CLOSING MATTERS

Before concluding, we will answer some specific questions that we have been asked on this subject:
Question: My husband passed away and he had a mortgage loan in which my name was not listed. Do I have to continue paying that loan?

Answer: Article 1409 of the Civil Code, establishes that the passive community includes all debts (both capital and interest) incurred by any of the spouses.

Question: I bought a car many years ago before I got married, as a result of my hard work. I am going to get a divorce and my husband and his lawyer are saying that I have to give him half of the value of the vehicle, is that true?

Answer: A vehicle is personal property; therefore, even if you bought it before entering the marriage, it is still included in the community of property. As a result, in case of going through a divorce, 50% of the vehicle belongs to your current spouse and the other 50% is yours.

Question: How can I dissolve the community of assets I currently have with my wife?

Answer: There are 2 ways to dissolve a community of assets: through a divorce or by the passing of one of the spouses.

Question: I got married to the Community of Goods but my husband passed away. We have 2 children in common, along with 1 car and an account with RD$150,000.00; he has 2 children from his first marriage. What am I responsible for or entitled to?

Response: In the event of the dissolution of a marriage due to the death of one of the spouses, the husband who survived will own 50% of the assets that were part of the community. The remaining 50% (belonging to the spouse who passed), will now belong to all the children of the party who passed as an inheritance.

Question: My husband bought an apartment when he was single. Given that we got married under the community of property regime, am I entitled to half of this property?

Answer: You are not entitled to 50% of this real estate property. According to the provisions of articles 1401, 1402 and 1404 of the Civil Code, real estate acquired by one of the spouses before marriage is excluded from the community.