Or, by the will of the spouses to change the matrimonial economic regime and agree on it through marriage settlements.
At this point, and in order to understand the liquidation of the community property, it is important to mention article 1344 of the Civil Code, which states that “through the community property, the profits or benefits obtain indiscriminately by any of them become common for the spouses, which will be
attribut to them equally upon its dissolution
In other words, when the community property is dissolv the profits and benefits obtain will be divid 0 between each spouse.
What does the liquidation of a community property consist of?
Following the above, it must be clear recent mobile phone number lead that in order to reach the liquidation of the community property, it must be dissolv for one of the reasons already mention. And that its liquidation will then take place.
Liquidation has several stages that must be pass through and begins with the preparation of an inventory of the company’s assets and liabilities.
It is important to know that the transition between dissolution and liquidation is known as post-marital community . Най-добри практики, ползи и съвети за проследяване на потенциални клиенти where the spouses become co-owners of the assets and are govern by the rules of the heritary community (Art. 1410 Civil Code).
Phases of liquidation of the community property
Well, let’s look at the different phases.
In this first phase, as its name suggests, a list of existing assets and debts must be made in order to make an inventory with the assets and liabilities, keeping aleart news in mind that only joint assets will be includ and not private assets .
But what is active and what is passive?
To answer this question, we must refer to the Civil Code, to articles 1397 and 1398, which establish the list of assets and liabilities that form part of the inventory of the community property:
Asset
As regards the assets, there are:
1st. Firstly, the assets and rights that at the time of liquidation have the character of marital property . For example, a joint bank account.
Passive
Regarding liabilities, they are made up of:
Firstly, the company’s outstanding debts , the most common example being the existence of a mortgage on the family home.