When a marriage or cohabiting couple separates, one of the most sensitive issues is the division of assets acquired during the relationship. The home, the car, bank accounts, furniture, the family business, investments — all of it must be distributed in accordance with the law and any agreement the parties may have reached at the outset of the relationship.
The Civil and Commercial Code significantly reformed the marital property regime. Today spouses may choose between community of property (the traditional default system) and separation of property (which must be expressly agreed). Understanding the rules and structuring the relationship properly from the start avoids costly conflicts at the end.
The process by which everything acquired by the spouses during the marriage is divided equally: real estate, vehicles, savings, investments, corporate interests. Separate property — assets held before marriage or received by inheritance or gift — is excluded. Basis: arts. 463–508 CCC.
If the spouses opted for separation of property through a prenuptial agreement (art. 446 CCC), each retains ownership of what they acquired in their own name. Division reduces to determining what belongs to each party.
Where both parties are willing, they may sign an out-of-court division agreement which is then approved by the court. This is the fastest and most cost-effective route.
Cohabiting partners — registered or not — do not have community property by default. If they entered a cohabitation agreement under art. 514 CCC, or if joint contribution to the acquisition of an asset is proven, each may claim their share. Rules on unjust enrichment and real property actions also apply.
Together with the divorce petition, the parties may submit a settlement agreement that resolves in a single act: the divorce, division of assets, support, housing, and children's matters (art. 439 CCC).
Even after divorce, the non-owning spouse may seek exclusive use of the marital home — particularly when they have custody of the children or are the economically weaker party (art. 443 CCC).
When one spouse, anticipating divorce, transfers assets to relatives or nominees to remove them from the division, the law allows those acts to be challenged as simulated or fraudulent (Pauliana action). We have recovered assets that were «disappeared» from the divisible estate.
Argentine law allows parties to sign — and later amend — an agreement before the marriage that defines the property regime, identifies separate assets, and governs gifts between future spouses. A well-drafted agreement is the best prevention of disputes. Basis: arts. 446–450 CCC.
Art. 464 CCC draws a clear distinction: separate property includes assets each spouse held before marriage, those received by inheritance or gift during marriage, those acquired with separate funds (real subrogation), and certain special cases (prizes, moral damages awards). Community property is everything acquired during the marriage through joint effort — and it is this property that is divided equally.
Art. 441 CCC recognizes economic compensation: a lump sum, periodic payment, or transfer of assets granted to the spouse for whom divorce causes a manifest imbalance representing a worsening of their position compared to the marriage. It is neither support nor damages — it is an instrument of rebalancing. We assist clients both in claiming compensation and in defending against unfounded claims.