WHAT IS THE COMMUNITY PROPERTY REGIME?
WHAT IS SEPARATE PROPERTY?
Separate property consists of assets that are excluded from the community property regime. These include:
- Assets acquired before marriage: For example, the apartment Juan bought in 2010.
- Substituted property: Assets acquired with separate funds or from the sale of a separate asset prior to marriage. For instance, if Juan sold his apartment and used the proceeds to buy another property, that new property would also be considered separate.
- Assets explicitly excluded through prenuptial agreements.
COMMUNITY PROPERTY: WHAT ASSETS FALL UNDER THE REGIME?
Assets included in the community property regime may be acquired through:
- Direct acquisition: Assets purchased during the marriage using funds from either or both spouses.
- Substitution: Assets obtained with resources derived from income or property considered community-owned.
PRACTICAL EXAMPLES OF COMMUNITY PROPERTY FROM FRUITS
- If María inherits a plot of land (separate property) during the marriage and rents it out, the rental income is considered community property.
- Pedro owns a business established before the marriage. The profits generated during the marriage are part of the community estate.
- A vehicle purchased by Laura before marriage is used as a taxi. While the car remains separate property, the earnings from taxi services are community property.
CONCLUSION
In Bolivia, the fruits of separate property—such as rental income from Juan’s apartment—form part of the community property regime. This principle is grounded in Bolivian legislation and supported by constitutional jurisprudence. To prevent financial disputes, spouses are advised to clearly understand their matrimonial regime and seek legal advice to establish specific agreements if necessary.
Need legal advice regarding matrimonial property regimes in Bolivia? Contact our specialized legal team today — we’re here to help you protect your assets and interests.
FREQUENTLY ASKED QUESTIONS (FAQs)
What happens if the marriage ends and there is still pending income from a separate asset?
Any income generated up to the date of dissolution of the marriage is considered community property. After the separation, future income belongs solely to the owner of the asset.
Can a spouse claim a share of the fruits during the marriage?
Yes, both spouses have the right to benefit from the income generated by separate assets during the marriage.
How are assets divided if there is no prenuptial agreement?
Community property is divided equally upon dissolution of the marriage, unless a prior agreement states otherwise.
What happens if one spouse sells the fruits without the other’s consent?
Selling community property fruits without the consent of the other spouse may lead to legal claims or disputes.
Does personal use of the fruits change their community status?
No, the income remains community property, even if it is used exclusively by one of the spouses.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
