Acquisition of a property by one or both spouses, finishing the paymen of its constant price to the society of profits

Abstract

This work seeks to address, from a theoretical and practical point of view, some of the problems that may arise when liquidating the community property in the assumption that one of the future contracting parties acquires a real estate that has just been paid for in force and that it is intended for family housing, From the theoretical point of view through doctrinal studies, administrative decisions and resolutions. From a practical point of view, by means of an example on how to determine the percentage of private and joint property undivided. This leads us to analyze especially art. 1.357 CC that establishes the general rule that goods purchased in installments by one of the spouses and that are paid for when married under the community property regime will be exclusive of the latter, and the exception to the rule, art. 1.354 CC, which would be the case that the property is the family home.