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From the day of filing, neither may encumber or sell the common goods alone

Last reviewed: September 13, 2026 — VerifiedPoder Judicial

In short

Article 455 sets the rule that prevents the most conflict and is ignored the most: from the day the divorce petition or complaint is filed, no spouse may, without the other’s consent or prior judicial authorisation, encumber, alienate or dispose of the common goods. And it does not stop at the prohibition: the obligation assumed by a spouse in contravention of that article does not bind the other spouse nor may it be enforced against the marriage’s common goods. The rest of these articles organise economic life while the case lasts. Article 450 asks the court, when considering any provisional measure over the goods, to favour agile and reasonable mechanisms letting both spouses take part in the management, the production and the enjoyment of the common patrimony on equal terms, without significantly affecting its yield. Article 451 sets a default share: each spouse has the right to claim and enjoy up to half of the yields and profits of the common patrimony while it remains undivided, and any claim above that amount must be expressly justified to the court. Article 452 opens an exit for impossible cases: the court may designate a third person to administer or direct the marriage’s economic affairs in cases of extreme conflict between the spouses or when the family economy’s circumstances so require. And Article 453 says where the money to live and to litigate comes from: the spouses’ maintenance and a reasonable sum for litigation costs are paid from the common fund, without that constituting a credit at the moment of its liquidation; if there is no common fund or it is insufficient, the court may set the manner and term of payment or require guarantees.

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What is it?

They are Articles 450 to 453 and 455 of the Civil Code of 2020: what may and may not be done with the common goods while the divorce is pending.

Who can do it?

Either spouse in a filed divorce, and anyone about to contract with one of them over a common good.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Mark the filing day

    Article 455: from that day no spouse may encumber, alienate or dispose of common goods on their own.

  2. Step 2: Ask for consent or authorisation

    The same article admits the other spouse’s consent or prior judicial authorisation.

  3. Step 3: What is done without it does not reach the common

    The obligation assumed in contravention does not bind the other nor reach the common goods.

  4. Step 4: Claim up to half the yields

    Article 451: each spouse may claim and enjoy up to half while the patrimony stays undivided.

  5. Step 5: If you ask for more, justify it

    The same article requires expressly justifying to the court any claim above that amount.

  6. Step 6: Aim for shared management

    Article 450: the court must favour both taking part in management and enjoyment on equal terms.

  7. Step 7: If conflict is extreme, ask for a third party

    Article 452: the court may designate a third person to administer the economic affairs.

  8. Step 8: Know where the litigation money comes from

    Article 453: from the common fund, and without that constituting a credit at liquidation.

Where to do it

These articles do not describe the court procedure. The Code does not define here what makes a shared-management mechanism agile and reasonable, nor what justifies a claim above half the yields. It does not say who may be designated administrator, how they are paid or removed, or what counts as extreme conflict. It does not say what a reasonable sum for litigation costs is. And it does not say how the economic regime is finally liquidated, which is another Title of the Code covered separately on this site. 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 rule to memorise is Article 455’s, and it is worth memorising on the very day of filing: from that day no spouse may, without the other’s consent or prior judicial authorisation, encumber, alienate or dispose of the common goods. No court order is needed for that prohibition to exist; it is born with the filing. And the article does not merely forbid: what one signs in contravention does not bind the other spouse nor may it be enforced against the common goods. That protects whoever finds out late, and also warns anyone about to buy, lend or accept a guarantee over a common good from a couple in divorce. The second article with immediate effect is 451, which allocates by default: each spouse may claim and enjoy up to half of the common patrimony’s yields and profits while it remains undivided. If the business, the rent or the harvest are producing, that half need not be fought for as an exception; what must be expressly justified to the court is whatever is asked above it. Article 450 pushes the same way: the court must favour agile and reasonable mechanisms letting both take part in management, production and enjoyment on equal terms, and moreover without significantly affecting the yield, which is the Code’s way of saying that protecting one party cannot sink the business. When that is no longer possible, Article 452 allows asking the court to designate a third person to administer the economic affairs, in cases of extreme conflict. And a fact that changes how spending is planned: Article 453 pays both spouses’ maintenance and a reasonable sum for litigation costs from the common fund, and says expressly that this does not constitute a credit at the moment of liquidation, that is, it is not deducted afterwards. If there is no common fund or it falls short, the court may set the manner and term of payment or require guarantees. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Selling or encumbering a common good during the divorce without consent or prior judicial authorisation.
  • Believing an order is needed for the ban to apply: it is born on the filing day.
  • Accepting a guarantee over a divorcing couple’s common good without checking the consent.
  • Fighting for half the yields as if it were an exception: Article 451 gives it by default.
  • Claiming more than half without expressly justifying it to the court.
  • Leaving the business paralysed: Article 450 asks for mechanisms that do not significantly affect its yield.
  • Enduring extreme conflict without asking for Article 452’s third-party administrator.
  • Counting on recovering maintenance and litigation spending at liquidation: Article 453 says it is not a credit.

Frequently asked questions

May my spouse sell a common good during the divorce?

Article 455 forbids it without your consent or prior judicial authorisation from the filing day.

What if they did it anyway?

The same article says that obligation does not bind you nor may it be enforced against the marriage’s common goods.

May I collect rents from the common patrimony meanwhile?

Article 451 gives you the right to claim and enjoy up to half the yields and profits while it stays undivided.

Where do the litigation costs come from?

Article 453 pays them from the common fund, along with maintenance, and clarifies it is not a credit at liquidation.

Official sources

These are the government pages this guide is based on.

Last verified

September 13, 2026

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