Marriage & Property Ownership - Who Owns What?

[GS_Dirtboy]

What are the marriage laws of Argentina when it comes to assets? Who owns what that was accumulated during the marriage? Are the assets split 50/50? What about real property?

Thanks!

GS

 

[citygirl]

Automatically 50-50 split for anything acquired during the marriage. * Anything that was owned prior to marriage stays with original owner.
*There are always ways around that.

 

[French jurist]

Many exceptions to the rule too (separacion de hecho/bienes anomalos)

 

[sergio]

Many exceptions to the rule too (separacion de hecho/bienes anomalos)

What is that?

My understanding is that the law is clear on this subject and that attempts to get around it are quite difficult. In fact I know of cases in which the husband (foreigners in both cases) married wealthy Argentine women and ended up divorced without any of their wives' money. One managed his wife's estancia for decades and ended up penniless. I believe returned to England and his minimal state pension.

 

[Davidglen77]

It seems to be clear cut but I know of a case where it got quite complicated. I had a neighbor whose husband died. By law his assets get divided as follows: 50% to his surviving spouse and 50% equally divided between his children. Well one of their sons had died a few years before the father. When the father died, the son's widow claimed her percentage of the house which was 1/3 of the 50% as there were 3 children, and apparently she had every right to do so. The family eventually came to an agreement so the house didn't have to be sold to pay her share, but the son's widow got something like $40.000 USD.

 

[Somewhereinba]

I guess that means Argentina doesn't have a common law marriage regarding living together and the associated rights?

 

[GS_Dirtboy]

The reason I am asking is a friend of mine who is from the US (Permanent Resident) married a woman from Lisbon ( also Permanent Resident). He has made decent money here and has accumulated some property and other assets. Unfortunately, she's not done much since they got married but spend lots of his money. It looks like they are now getting a divorce and he wants to make sure she doens't walk with 50% of his assets.

 

[khairyexpat]

The reason I am asking is a friend of mine who is from the US (Permanent Resident) married a woman from Lisbon ( also Permanent Resident). He has made decent money here and has accumulated some property and other assets. Unfortunately, she's not done much since they got married but spend lots of his money. It looks like they are now getting a divorce and he wants to make sure she doens't walk with 50% of his assets.

Mine did walk away with 50%. (Not even kids ... nothing)

For 19 years, she had all the time ... the perfect plan, ... immediately executed, .. in 2 weeks a court order arrived at my email.

Devastating. I couldn´t bare it, ( no sleep, ..constantly thinking of ending it all ) .... in 3 months I opted out to buy back my life (whatever was left of it).

What a rotten system, to allow and assist someone pointing a gun to extort all my life blood, sweat and tears. At the last minute, everything snatched away by court force from a retired old man with no time and no chance to recover,

I was so stupid not to even consider the possibility.

 

[Girino]

Mine did walk away with 50%. (Not even kids ... nothing)

For 19 years, she had all the time ... the perfect plan, ... immediately executed, .. in 2 weeks a court order arrived at my email.

Devastating. I couldn´t bare it, ( no sleep, ..constantly thinking of ending it all ) .... in 3 months I opted out to buy back my life (whatever was left of it).

What a rotten system, to allow and assist someone pointing a gun to extort all my life blood, sweat and tears.

I was so stupid not to even consider the possibility.

Isn't possible to choose whether to share everything or to keep things separated?
In Italy these two options are called "comunione dei beni" (joint assets) and "separazione dei beni" (separated assets). It changes nothing in case of succession, but it does if you divorce.

 

[khairyexpat]

Isn't possible to choose whether to share everything or to keep things separated?
In Italy these two options are called "comunione dei beni" (joint assets) and "separazione dei beni" (separated assets). It changes nothing in case of succession, but it does if you divorce.

Everything was separate all the 19 years (no joint accts, ... nothing, none).

Never crossed my mind (she would use the court). When I said ¨I do¨ I was busy dreaming about other things, least of which .... preparing a contingency plan.

Last minute for a retired old man, suddenly everything was taken away. with no time or chance to recover.

Every time memory flashes, .. life is a bitch .. then we die.