Sharing possessions plays a significant role in divorce, the end of a stable relationship, and inheritance situations.
This process involves the division of accumulated goods between parties or heirs based on the regime of goods and applicable laws.
This article provides useful details about how sharing goods operates, including when it happens, the relevant regulations, and the steps required for legal or non-legal procedures. Take a look!
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What does Ben own?
The division of assets involves dividing shared property between individuals following the dissolution of a marriage, civil union, or upon death.
It outlines the distribution of acquired goods among spouses, companions, heirs, or legatees based on the regime of goods or relevant inheritance laws.
What is multi-parenting and how does it impact the legal implications for families?
What regulations apply to goods entering the sharing economy?
The systems for items coming into the sharing of goods are:
Partial Communion of Goods refers to the assets obtained during the marriage, excluding those obtained through inheritance, gifts, or before the marriage.
All assets obtained before and during marriage are considered part of the Universal Communion of Goods, with certain exceptions outlined by law or prenuptial agreement.
During a marriage, each spouse retains ownership of their own property, but upon dissolution, the common assets are divided to share the acquisitions made during the marriage.
All items acquired before or during marriage are considered the separate property of each spouse, with no sharing of goods unless agreed upon by both parties.
Mandatory separation of property, which is enforced in certain circumstances, abides by similar regulations as total separation of property. Despite not allowing for sharing, there are legal debates regarding the potential transferability of assets in exceptional scenarios.
Mixed Regime (Combined): permits the blending of aspects from various regimes, like having separate ownership for certain assets and shared ownership for others, as long as stipulated in a prenuptial agreement.
When will Bens Share take place?
Sharing possessions happens when there is a necessity to distribute the belongings acquired by individuals, while upholding the legal regulations and entitlements of those involved.
It can be carried out either by mutual agreement or through legal action, depending on the property regime selected in marriage, civil union, or relevant legal regulations.
The primary situations for exchanging items are:
Divorce or the dissolution of a stable union
Sharing possessions occurs at the termination of a marital or stable relationship.
The inheritance is distributed based on the type of property regime chosen by the couple, such as partial communion, universal communion, and others.
- Consensual divorce involves the parties reaching an agreement on property division, which can be finalized either through a court process or in an office setting, depending on the circumstances.
- In a litigious divorce, when there is no agreement between the parties, the judge makes the division according to the law.
Inheritance (Inventory and Distribution)
Sharing takes place following an individual’s passing during the inventory procedure.
The deceased person’s assets are divided among the rightful heirs according to the Civil Code and any instructions in the will.
- Judicial inventory is required in situations involving legal disputes, minor or incapacitated heirs, or when assets require specific procedures for transfer.
- Extrajudicial inventory is conducted in the office when all heirs agree, there is no valid will, and all are of legal age and sound mind.
Separation through the legal system or by mutual agreement.
Sharing can take place during separation based on the chosen property regime in the marriage, which may happen before or instead of divorce in certain situations.
- Judicial: when one party takes action to formalize the separation, either by mutual agreement or through a legal process.
- In the workplace, consensual relationships are permitted as long as the couple does not have dependent children and agrees on property division.
Successive Planning: Definition, Implementation, and Practical Advice
How to create a Bens Sharing Action?
Here is a detailed guide on how to distribute the assets.
Judicial Collaboration
Judicial collaboration is essential when:
- The parties do not agree on how to divide the goods.
- There are individuals who are either underage or unable to participate.
- The parties do not fulfill the conditions for the out-of-court option.
Consultation and Planning: A systematic approach.
- Examine paperwork related to marriage or stable partnership, such as a marriage license and any documents on stable unions.
- List all the belongings owned by the couple, such as furniture, properties, financial investments, and more.
- Identify the relevant property systems (partial, universal, mandatory separation, or others).
Initial Petition Preparation
- Observe the requirements of Article 319 of the CPC to decrease the initial request.
- Specify the items to be distributed, their whereabouts, and, if feasible, the estimated prices.
- Please outline the client’s assertions relating to the division and legal foundation, as per the system of goods in place.
- Utilize existing evidence like property deeds, tax records, or bank statements.
Protocol and Quotation from the Opposing Party
- Initiate the legal procedure in the appropriate jurisdiction (residence of the spouses or where the primary assets are situated).
- Ask for the other party’s citation, allowing them time to present their objection or suggest an agreement.
Proofs and Evaluation Stage
- If agreement is lacking, the judge can decide on the attainment of knowledge to assess the goods.
- Provide documentary and testimonial evidence to support the client’s argument.
Audiences and Phrases
- Engage with the specified target groups, consistently seeking to negotiate.
- The judge will decide how to divide based on the evidence and arguments if there is no agreement.
Greetings of a Statement
- After the ultimate ruling, begin to adhere to the verdict in order to initiate the distribution of assets.
Extrajudicial division of property
Extrajudicial sharing is a more informal and affordable alternative, conducted in an office setting. It is permitted in certain situations.
- The parties are in agreement.
- No minors or individuals lacking capacity are included.
- The parties employ a single attorney or individual attorneys to help them.
Preliminary meeting: Gradually progressing through the steps
Gather all involved parties to make a list of items, negotiate the terms of distribution, and review necessary documents like property agreements, registrations, and contracts.
Scriptural coinage composition
Create a document outlining the goods and their distribution method, and ensure both parties sign it.
Presentation to the Board
Compare the banknote with the necessary documentation of your customers.
- Certainty of a stable marriage or partnership.
- Personal identification papers (ID, tax ID number).
- Goods records (transactions, banking documents, etc.).
Drafting a Public Document
The notary will issue the deed of division according to the parties’ agreement.
Goods Registration and Standardization
Record the document with the appropriate authorities (such as registering property deeds for real estate).
Point of Focus
- The attorney needs to thoroughly assess each case in order to advise on whether to pursue legal or non-legal methods.
- Mediation can be a helpful option in both cases to prevent extended conflicts.
- Always stay alert to changes in legislation and the specifics of the property regime in place.
Practical advice for attorneys dealing with property division.
Follow useful tips and guidelines to help in the professional daily routine.
Analysis of the Bens System in Depth
- Check the property regime chosen in marriage or civil union, such as partial community, full community, separation by agreement, mandatory separation, or final participation in assets.
- Guide your client on the regulations concerning the transferability of assets obtained during marriage or the non-transferability of personal assets under the regime.
- If you are unsure about how to apply the scheme, refer to the current legislation and case law.
Documentation has been finished.
- Marriage certificates or proof of stable union declaration are required.
- Collect real estate documents, financing agreements, bank statements, vehicle titles, and other important financial records related to heritage.
- It is important to record the dates and origins of the resources obtained when acquiring goods, particularly for specific items.
Negotiation and Mediation
- Promote out-of-court agreements to encourage consensual solutions whenever feasible.
- Explain to the customer the advantages of steering clear of legal battles, such as cutting costs, reducing emotional stress, and speeding up the process.
- Mediation should be seen as a valuable resource for resolving conflicts of significant complexity.
I require the calculation for Partial Goods.
- Identify purchased items before and during the relationship while following the relevant property laws.
- Include apps for mobile devices, real estate, financial tools, stocks, and other assets.
- Analyze the supporting documents to see the lack of communication in inheritances and donations with specific conditions.
Assessment and Appraisal of Products
- In cases of disputes over the worth of an item, seek technical assessments or expert advice for an equitable resolution.
- Ensure that the values being reviewed are current as of the closest date to the decision or agreement.
Debts and obligations should be taken into account.
- Consider analyzing shared debts incurred jointly or under contract during marriage.
- Examine the source of debts by determining if they are shared or specific to one party.
- It details plans for asset reimbursement in case one party takes on a debt entirely.
Tax and Expense Prediction
Explain to the customer the taxes related to the incident, for example:
- Transmission Tax Cause Mortis and Donation (ITCMD): Applicable in the event of inheriting property or distributing assets as part of an inheritance.
- Real Estate Transfer Tax (ITBI) is applicable when property is transferred during division without involving any financial transactions.
- Guide the customer on cost estimation, including attorneys’ fees and procedural costs.
Post-Event Estate Preparation
Guide the customer on how to handle the goods properly after sharing.
- Real estate records are being updated.
- Transfer of possession of cars and financial accounts.
- Formalizing the contract if needed.
Sensitivity and effective communication
- Maintain a compassionate and open attitude when providing care, recognizing that matters related to heritage can bring about significant emotional weight.
- Inform the customer about deadlines, potential risks, and actions that may be taken, in order to build trust and ensure expectations are aligned.
Continuous Updating
- Monitor modifications in laws and court rulings that may affect the sharing of goods.
- Invest in Family Law courses and training to remain current and provide high-quality legal services.
The lawyer plays a crucial role in safeguarding rights.
Sharing possessions is an essential procedure for resolving property matters that arise following the end of marriages, long-term relationships, or in instances of inheritance.
The lawyer is crucial in guaranteeing that the rights of the parties are upheld and that the procedure is conducted fairly and efficiently, whether in a judicial or extrajudicial setting.
Lawyers in this field need to master property laws, collect precise documents, and utilize trading tactics.
Staying informed about legislative and judicial changes is crucial for delivering high-quality legal services.
Check out information on LC 214/2025 to learn about the new tax system regulations related to consumption tax reform.