Sale of community property rights

Sale of community property rights.

During the term of the marital partnership, the spouses may own two categories of property:

Sale of own marital rights:

  • The assets included as personal property in the marital contracts.
  • Real property held prior to marriage in any title whatsoever.
  • Real property acquired during the marriage free of charge.
  • Real property acquired during the marriage that is duly subrogated to personal property.
  • Goods for personal use.
  • Everything that has been generated, caused before the marriage but that has entered the conjugal society when the couple was already married are their own property.


  • Assets acquired after the dissolution of the marital partnership.

Sale of social or community property rights:

  • Salaries, benefits or fees. All income earned as a result of employment makes part of the absolute credit.
  • Movable and immovable property acquired during the marriage for valuable consideration is part of the relative assets.
  • The natural and civil fruits of the company’s own assets and of the social assets. This is because the marital partnership is obligated to make all necessary repairs to its own property.
  • All intellectual production, as long as it is generated during the term of the marriage.
  • Assets that have been included as social assets in a marriage contract.
  • Relative credit.

Once the marital partnership is dissolved either by the death of one of the spouses, marriage annulment or divorce or separation of assets, the patrimonial rights over the social assets are extinguished and a universal right over the estate is acquired, specifically, the community property is the property to which each spouse is entitled once the marital partnership is liquidated, after the payment of the debts of the partnership and the rewards. These can be defined as the profits resulting from the marital partnership and can be acquired directly, indirectly, by subrogation, by accession, by express will of the spouses, by contribution.

However, with respect to the sale of the community property, this possibility is contemplated in the case of the death of one of the spouses, since the community property is one of the inheritance rights. It is important to mention that it is not possible to sell or dispose of specific assets of the company, only the rights that may correspond to it.