I-INTRODUCTION

In this regime, belongs to each husband :

-a-The assets you had at the time of marriage.

-b-As well as those that you acquire later for any title.

According to the Spanish Civil Code ; it is up to each spouse; the ownership, enjoyment, administration and free disposal of their own assets. Consequently, the property separation regime has been defined from a negative point of view. This is in consideration of :

-a-The absence of community of property.

-b-And even any participation of each spouse in the economic activity of the other.

-c-The common economic link between them is derived from their coexistence, common consumption and attention to family obligations.

II-ABOUT THE ECONOMIC REGIME

Aspects :

-a-Assumes the existence of two independent assets-As if the spouses had not married.

-b-If it cannot be determined to whom an asset belongs-It will correspond to both in half. Such property will be common, not due to a rule of the matrimonial property regime, but as a consequence of shared ownership.

-c-If one of the spouses manages the property of the other-He will have the same obligations and responsibilities as an agent, but will not have the obligation to account for the fruits received and consumed, except when it is proven that he invested them in care other than the burdens. of marriage.

-d-Obligations incurred by each spouse-The obligations incurred by each spouse; will be your exclusive responsibility.

-e-Obligations contracted in the exercise of domestic power-Regarding the obligations contracted in the exercise of ordinary domestic power; Both spouses will respond in the manner determined by the Civil Code.

-f-This regime must be integrated with the rules of the so-called "Primary Economic Regime"-Which are applicable to all marriages, regardless of the economic regime by which it is regulated.

III-BIRTH OF THE SEPARATION OF ASSETS

In relation to the birth of the separation of assets in Spain ; and with the exception of Catalonia, the Balearic Islands, Vizcaya, Aragon and Navarra; To qualify for this regime it is necessary to exclude the property regime :

-a-Through marriage agreements, by means of a public deed registered in the Civil Registry, and in the Property Registry when it concerns real estate.

-b-Or a separation of the marriage occurs, with the subsequent dissolution of the community property.

IV-POSITION OF CREDITORS

The position of the creditors of the spouses in a separation regime is not as favorable as in the community regime, as the Spanish Civil Code provides that :

-a-A spouse in bankruptcy will be presumed unless proven otherwise; for the benefit of creditors; that half of the assets acquired for consideration by the other during the year prior to the declaration were donated (a presumption that will not apply if the spouses are judicially or de facto separated).

-b-As donations between spouses are allowed, the creditors of the spouse declared bankrupt; They will be able to challenge the allegedly fraudulent acquisition only half; exercising the corresponding rescission action; to attract the mass of the contest said half".

V-ALTERATION OF THE MARRIAGE REGIME

This will happen :

-a-When the marital separation of the spouses is judicially decreed-In this case, the marital economic regime ceases and the effects of that regime come into force. Fundamentally regarding the obligation of spouses to contribute to lifting the burdens of marriage, since it continues to exist.

In this case, the marital regime is extinguished, which is not replaced by the separation of property regime.

-b-In all those cases in which there is no judicially agreed marital separation of property-One of the spouses requests the separation of property.

VI-CHAPTER OF MARRIAGE BURDENS

In this regime :

-a-Marriage responsibilities are distributed between the spouses.

-b-A lack of agreement ; in proportion to their respective economic resources.

-c-Taking care of the house and family is considered a contribution to the burdens ; and could eventually give right to obtain compensation when the agreed regime ends.

-d-In the event that the private ownership of some personal property cannot be determined, it will belong to both of them in half.