Married In Community Of Property

Share This Post

Share on facebook
Share on linkedin
Share on twitter
Share on email

Married In Community Of Property Explained :

What Does It Mean?

Marriages in community of property are a common and cheap option for many people, but they have major flaws.

If you marry someone without an antenuptial contract, you will automatically be married in community of property.

In this type of marriage, the spouses’ assets (what they own/assets and any debt/liabilities) are combined and each partner has the authority to dispose of the assets ; they are co-managers of the joint estate.

Each person owns an undivided or indivisible part of the communal or joint estate.


The joint or common estate includes any assets owned by the spouses before they married, as well as any assets acquired during their marriage.

Certain assets may not be included in the joint estate in certain circumstances.

For example, if a will states that an inheritance is not to be included in the joint estate, the inheritance will not be included.


The shared estate’s liabilities include those incurred by both spouses before and during the marriage.

As a result, if one spouse enters the marriage with a significant amount of debt, that debt will become part of the community estate.

Accumulated debt might come from contractual debt, a prior relationship, marriage-related debt, and even extramarital child support.

Through their actions, each spouse has the power to tie the joint estate together.

Example : If a spouse has his or her own firm and seeks an overdraft, and the firm does not pay the overdraft, the joint estate may be pursued for compensation.

However, under certain circumstances, the consent of one spouse is required before the other can bind the common estate.

A creditor can lay a claim against the private estate of a spouse if he or she binds his or her separate estate, such as a car or business, through debt.

Only after the private estate of that spouse fails to meet the creditor’s claim may the creditor lay a claim against the common property.

More To Explore


Medical Expenses

Tax credits can provide some tax advantages for certain medical expenses. A tax credit is a rebate that is not refundable. This implies that a percentage of your qualifying costs, in this example, medical expenses, are transformed into a tax credit and subtracted from your total tax burden (the amount of tax that you must



What Is The Definition Of Disability? Section 6B(1) of the Act defines the word “disability” as follows : Disability includes a severe to moderate hindrance in the ability of any person to function and complete everyday activities as a result of a physical, sensory, communication, intellectual, or mental limitation that affects his or her capacity

Do You Want To Boost Your Business?

drop us a line and keep in touch

Scroll to Top