Property Rights of the Spouses

Not having a prenuptial agreement contract could mean that your local laws will be the one controlling your property regime. As such, it will determine the way properties will be distributed. State law will provide for the outcomes regarding the properties tat would have been considered separate and distinct from the conjugal property had there been an agreement to that effect. Still, both spouses have properties under the law:

• The spouses must own and manage the properties acquired during the marriage.
• The spouses will divide the community property in the event of divorce pursuant to the principle of equitable contribution.
• The spouse will have to shoulder the payment of the debts that the other spouse has.
• The spouses will have equal say in the handling and disposition of the community property.

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