Buying rural land as a foreigner

[RogerTotal]

Thanks Steve.

I had no idea that anything with service was considered zona urbana. I've seen listings of land for sale on the side of a mountain (Cordoba / Tucumán) that supposedly has access to services nearby, I would have never have guessed it was included in the zona urbana.

I posted this question on r/DerechoGenial regarding buying land and a few comments advised me to purchase the property before getting married (as I plan to get married in the next few months). They told me that even if I make a prenup (convención matrimonial y elegir separación de bienes) that in case of a divorce, the judge could give my wife tenancy of the house after the divorce as part of an alimony. I want to ensure that in the case of divorce I would still keep 100% house, as I'm the one paying 100%.

Any advice or experiences with that?

Prenups are pretty worthless once it reaches court stage anywhere and x 100 if you are a foreigner and your wife is Argentine

It's more like an honor system you are relying on the woman to stick to the agreement and not want to be bothered with a lengthy and expensive court case. And make her think it's pointless to take it to court since there's a prenup

 

[broc]

The general principle I've come across for Argentina is that, provided one party (let's say the poorer party) can't show that they leave the marriage worse off than they would have been had they not married in the first place, the legal system here is more favorable to the other (let's say wealthier) party compared to common law jurisdictions. In other words, while some temporary alimony may be awarded, there is not the expectation that the wealthier party keep the other for life in the style to which they had become accustomed. Assuming, of course, simple case of a reasonably short marriage and no children involved.

We plan on having children in the near future so I guess it wouldn't be too simple of a case. Not that I'm planning on divorce, just wanting to know the possible repercussions.

Prenups are pretty worthless once it reaches court stage anywhere and x 100 if you are a foreigner and your wife is Argentine

In that case it would make more sense to purchase the land before getting married, as I'm pretty sure that asset division can only include post-marital assets?

 

[Alby]

From what I found (in a simple case of a short marriage, unequal prior wealth, no dependents), both walk away with what they had before the marriage--as long as the less wealthy party can't show they are worse off for having entered the marriage--and the common assets acquired during the marriage are divided. Temporary financial support (known as 'compensación económica'), but not lifeling alimony, could be awarded to a party who shows that the marriage, having failed, now leaves them worse off than they would otherwise have been (e.g., they took a break from their job and now will struggle to get another one).

As I say, it's theoretical, based on something I read. The real world may be different. And I do know of a couple planning to marry at the moment and the prospective husband (the considerably wealthier party) was advised (by a lawyer here) to do so at home (the US) rather than here. Which seems to contradict the advice I read about Argentina being a more favorable jurisdiction for him.