Settlement of marital property

The Supreme Court (SC) has clarified a common issue after a separation: what happens if, when making thelist of assets and debts(the so-called inventory) todistribute among both former spouses, one of the parties forgets –ordecides not to include– a debt or credit in their favor? In this case, one of the former spouses later requested that acredit in their favor that did not appear in the initial inventory be included in the distribution, although they were already aware of it at that time.

Their ex-partner objected, arguing thatthey could no longer claim it because at the key moment for making the list –the appearance before the court clerk–it was not included and, therefore, the deadline had alreadypassed and the law prevents adding more items. The court of first instance ruled in favor and did not allow the inventory to be modified, understanding that the opportunity had been lost.

However, the Court of Appeals and the SCconsidered otherwise The Supreme Court recalled that the law allows completing the inventory, even if the omission was voluntaryor the person was awareof the omitted asset or debt, as long as they have not expressly waived their right to claim it (for example, through a clear clause in an agreement). In addition, since the former spouse claimed it only five days later, the Supreme Court understands that of the omitted property or debt, provided that it has not expressly waived its claim (for example, through a clear clause in an agreement). In addition, since the former spouse claimed it only five days later, the SC understands thatthey did not waive their right.

This judgmentavoids unfair situations and protects the right of former spouses to claim the inclusion of forgotten assets or debts, as long as they act promptly and have not clearly waived that right.

In a conflict situation regarding the economic regime of the marriage, our professionals will provide you with adequate advice and defense of your interests