Superior Court of Justice couple can change regime of goods and do share in the term of marriage.

March 28, 2018

The Superior Court of Justice has sparked an important precedent as to the variations in the legal regime of the Institute of marriage. In a given judicial action (whose number and data process in secret of justice) there was a decision of the aforementioned court, which established the lawfulness of change of legal framework for marriage, for example, of partial fellowship for total separation of goods and still promote The sharing of the patrimony acquired in the old regime, even remaining married. Thus, the couple, having one of the spouses activity exposed to risks, while another spouse presents financial stability, can establish the change of legal regime. The reasons for judicial action should be relevant. The request for change should be formulated by the couple. and third parties (creditors or not), possible impaired with change? It is essential that the request to change the legal system of marriage is not an excuse or ruse for fraud against creditors, that is, that there is no outstanding or imminent debt of the materialization of obligations that may involve the common property of the couple. It is a good idea to change the regime and share the property of the couple. The effects of the judgment approving the change in the legal system have legal validity from the transit in the judgment of the said decision. Due to the financial crisis installed in the country, the lawful, healthy protection of the patrimony, such as the change of the marriage regime and the sharing of the property in the term of the marriage, is an alternative to protecting the patrimony, of the spouse. This article is extracted from the news published by the Superior Court of Justice. by Oton Nasser – lawyer and Professor of Civil procedural law of the University of the school. 


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