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Selling a community good requires the written consent of both spouses

Last reviewed: September 13, 2026 — VerifiedPoder Judicial

In short

These five articles close the management of ganancial goods and carry the harshest consequences. Article 527 begins by saving everyday life: acquisitions in cash or on credit by either spouse with ganancial funds are valid if destined to the use of the spouses or of the family, according to its social and economic position. But for what leaves the patrimony the tone changes: acts of disposition for value over ganancial goods require the written consent of both spouses. Written, not tacit. The article adds that this consent is indispensable, but the non-consenting spouse may ratify later; in that case the act’s validity and efficacy begin from the ratification, save agreement otherwise. And failing timely ratification, the act is null and its consequences are the exclusive responsibility of the spouse who consented unilaterally. Article 528 opens an exception for one engaged in commerce, industry or a profession or trade: they may acquire or dispose of the movable goods dedicated to those ends, for just cause, without the other’s consent. It is not free: they answer for the damages caused to the society and to the other spouse, and that action is exercised exclusively at the moment of the society’s dissolution. Article 529 hardens the treatment of gratuitous acts: acts of disposition for free over ganancial goods are null if both consents do not concur, though each may make liberalidades de uso. Article 530 lets each spouse dispose by will of their part of the gananciales, with a nuance that avoids surprises: if the bequeathed good is not adjudicated to the testator’s estate, only their proprietary participation, or its value at the time of death, is understood bequeathed. And Article 531 sanctions personal profit: whoever obtains a benefit exclusive to themselves and wilfully causes damage to the society is debtor to it for its amount, even if the other spouse does not challenge the act; and if the third-party acquirer acts in bad faith, the act is rescindible.

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What is it?

They are Articles 527, 528, 529, 530 and 531 of the Civil Code of 2020, closing the Management of Common and Ganancial Goods section.

Who can do it?

Married people under the sociedad de gananciales about to sell, encumber, give or bequeath a ganancial good, and anyone acquiring from one of them.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Separate buying from disposing

    Acquisitions for the spouses’ or family’s use are valid; disposing is another matter.

  2. Step 2: To sell, written consent

    Article 527 requires it from both spouses and calls it indispensable.

  3. Step 3: If it was missing, ratification is possible

    Validity and efficacy begin from the ratification, save agreement otherwise.

  4. Step 4: Without timely ratification, the act is null

    And its consequences are the sole responsibility of whoever consented unilaterally.

  5. Step 5: The merchant spouse has their own rule

    They may dispose, for just cause, of the movables dedicated to the business, but answer for damages.

  6. Step 6: And that claim waits for dissolution

    Article 528 says the action is exercised exclusively at the moment of dissolution.

  7. Step 7: Giving away ganancial goods without the other is null

    Article 529 saves only the liberalidades de uso.

Where to do it

These five articles do not define the liberalidades de uso that Article 529 saves from nullity, nor fix any amount, so the line between the permitted gesture and the void donation is unwritten. They do not define the just cause enabling the merchant spouse. They do not say what makes a ratification timely nor fix a term for it, even though whether the act is saved or null depends on that word. They name no forum, form or procedure for any of the actions they create, and publish no tariff. The general dual-consent rules that apply to every economic régime live in other articles and this site covers them separately. None of those gaps is filled here.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

The phrase to hold on to is short: acts of disposition for value over ganancial goods require the written consent of both spouses. Written. It is not enough that the other knew, or did not object. That said, the same article does not slam the door: the non-consenting spouse may ratify later, and then the act’s validity and efficacy begin from the ratification, save agreement otherwise. That precision matters to third parties, because the act is not saved from the day of the sale but from the day of ratification. And if ratification does not arrive in time, the result is the chapter’s harshest: the act is null and its consequences are the exclusive responsibility of the spouse who consented unilaterally. The Code does not say how long is timely. The second thing to look at before panicking is whether the disposing spouse did so as a merchant. Article 528 lets the spouse engaged in commerce, industry or a profession or trade acquire or dispose, for just cause, of the movable goods dedicated to those ends without the other’s consent. The counterpart does not disappear, it is deferred: they answer for the damages caused to the society and to the other spouse, and that action is exercised exclusively at the moment of the society’s dissolution. That is, it is not claimed the next day. Third: giving away and selling are not treated alike. Gratuitous acts of disposition over ganancial goods are null without both consents, with the single exception of liberalidades de uso, which the Code does not define. Fourth, for whoever makes a will: each spouse may dispose of their part of the gananciales, but if the specific good is not adjudicated to their estate, only their proprietary participation, or its value at the time of death, is understood bequeathed. And fifth, Article 531 adds a liability that does not depend on anyone challenging: whoever obtains a benefit exclusive to themselves and wilfully causes damage to the society is debtor to it for its amount, even if the other spouse does not challenge the act; and if the third-party acquirer acts in bad faith, the act is rescindible. MiPRFácil gives no legal advice.

Common mistakes

  • Believing it is enough that the other spouse knew: Article 527 requires written consent.
  • Thinking ratification saves the act from the day of the sale: it counts from the ratification.
  • Counting on ratifying "whenever": without timely ratification the act is null.
  • Looking in the Code for how long is timely to ratify: it fixes no term.
  • Assuming the merchant spouse answers for nothing: they answer for damages to the society and the other.
  • Trying to claim those damages immediately: the action is exercised at dissolution.
  • Treating the sale and the donation of a ganancial good alike: the gratuitous one is null without both consents.
  • Bequeathing a specific ganancial good assuming it passes whole: if not adjudicated to the estate, the participation or its value is bequeathed.

Frequently asked questions

Is it enough that my partner knows I am selling?

No. Article 527 requires the written consent of both spouses to dispose of ganancial goods for value.

They sold without my signature. May I ratify later?

Yes. The same article allows it, and validity and efficacy begin from the ratification, save agreement otherwise.

And if I do not ratify?

Failing timely ratification the act is null, and its consequences are the sole responsibility of whoever consented unilaterally.

My partner sold business equipment. Could they?

Article 528 allows it for just cause over movables dedicated to those ends, but they answer for damages, claimable at the society’s dissolution.

Official sources

These are the government pages this guide is based on.

Last verified

September 13, 2026

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