In short
The section governing the management of marital goods opens with three articles allocating who decides what. Article 524 deals with own goods: each spouse is empowered to freely administer and dispose of their respective particular goods, save where, by prior agreement with the other, they are particularly destined to the lifting of the family charges. If that happens, a duty appears that is rarely claimed: they must inform the other about the state, management and disposition of those goods. Article 525 sets the rule for common goods, and it is categorical: in the absence of capitulaciones matrimoniales, the administration and disposition of ganancial goods corresponds jointly to both spouses. And it adds the consequence: any act done over those goods by either spouse in contravention of this article, and of the rest of the title, does not prejudice the other spouse nor their heirs. The same article recognises two things each spouse may do alone. One is defending what is common: either may invoke the defence of the common goods and rights by way of action or of exception. The other settles emergencies: to make urgent expenses of a necessary character, even if extraordinary, the consent of one spouse alone suffices. Article 526 opens the exit when agreement does not come. When both consents are needed and one cannot give it or unjustifiably refuses, the interested party may demand judicial assistance by reasoned petition. For acts of administration, the court may authorise one spouse to act for a determined time or to perform only the specific act. For acts of disposition it may, after an evidentiary hearing, authorise those that redound to the family’s interest and benefit. And in both cases it may adopt the precautionary measures it deems suitable to protect the common patrimony.
What is it?
They are Articles 524, 525 and 526 of the Civil Code of 2020, opening the Management of Common and Ganancial Goods section of Chapter IV of Title V of Book Two.
Who can do it?
Married people under the sociedad de gananciales needing to administer or dispose of common goods, or who have met the other spouse’s refusal.
Requirements
- Each spouse may freely administer and dispose of their respective particular goods.Verified against the official source
- Excepted is the case where, by prior agreement with the other, those goods are particularly destined to the lifting of the family charges.Verified against the official source
- In that case they must inform the other about the goods’ state, management and disposition.Verified against the official source
- Absent capitulaciones matrimoniales, the administration and disposition of ganancial goods corresponds jointly to both spouses.Verified against the official source
- Any act done in contravention of that article and the rest of the title does not prejudice the other spouse nor their heirs.Verified against the official source
- Either spouse may invoke the defence of the common goods and rights by way of action or of exception.Verified against the official source
- To make urgent expenses of a necessary character, even if extraordinary, one spouse’s consent alone suffices.Verified against the official source
- If one cannot give consent or unjustifiably refuses, the interested party may demand judicial assistance by reasoned petition.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Separate own from common
Article 524: each spouse freely administers and disposes of their particular goods.
Step 2: If own goods went to the family, inform
Where there was a prior agreement for that, they must inform the other on state, management and disposition.
Step 3: Ganancial goods are managed by both
Article 525: absent capitulaciones, administration and disposition correspond jointly.
Step 4: What one does alone does not prejudice the other
The act in contravention does not prejudice the other spouse nor their heirs.
Step 5: For the urgent and necessary, one suffices
Even where the expense is extraordinary, one spouse’s consent alone suffices.
Step 6: If there is unjustified refusal, go to court
Article 526: judicial assistance is demanded by reasoned petition.
Step 7: Administration and disposition are treated differently
To dispose, the court decides after an evidentiary hearing, looking to the family’s interest and benefit.
Where to do it
These three articles do not define what makes a refusal unjustified, and whether judicial assistance proceeds depends on that word. Nor do they define an urgent expense of a necessary character, or who characterises it afterwards. They do not say what the reasoned petition must contain, before which court it is filed, within what time it is decided, or what happens if the spouse cannot give consent through incapacity. Article 525 says the act done in contravention does not prejudice the other spouse nor their heirs, but does not explain how that unenforceability is asserted. And no tariff or form is published. The concrete sanctions for acts of disposition without consent live in the following articles and this site covers them separately. None of those gaps is filled here.
How long it takes
What to do if something goes wrong
The underlying rule is easy to remember and hard to apply: absent capitulaciones matrimoniales, the administration and disposition of ganancial goods corresponds jointly to both spouses. From there comes the commonest practical problem, which is what to do when one of the two will not sign. The Code does not leave the matter hanging, but many do not know the exit exists. Article 526 allows demanding judicial assistance by reasoned petition when the other cannot give consent or unjustifiably refuses. And it distinguishes two scenarios with different demands. For an act of administration, the court may authorise one spouse to act for a determined time, or only for the specific act at issue. For an act of disposition — selling, encumbering — the bar rises: an evidentiary hearing is needed, and the court authorises acts that redound to the family’s interest and benefit. In both cases it may also adopt precautionary measures to protect the common patrimony. What the article does not define is when a refusal is unjustified, so that judgement is not written in the text. Two more things are worth knowing because they avoid disputes. The first is that for urgent expenses of a necessary character, even extraordinary ones, one spouse’s consent alone suffices: a repair that cannot wait does not require going to court. The second is that either spouse may, alone, invoke the defence of the common goods and rights by way of action or of exception; defending what is common does not require the other’s signature. And on own goods, Article 524 leaves full freedom, with one exception that creates a duty to inform: where by prior agreement they were destined to the lifting of the family charges. MiPRFácil represents nobody in court and gives no legal advice.
Common mistakes
- Believing nothing can be done without the other’s signature: Article 526 opens judicial assistance.
- Seeking authorisation to dispose without the evidentiary hearing the article requires.
- Treating an act of administration and one of disposition alike: the Code sets different demands.
- Going to court for an urgent and necessary expense: one spouse’s consent suffices for that.
- Believing the other’s signature is needed to defend what is common: it may be done by action or exception.
- Assuming joint management always governs: Article 525 sets it absent capitulaciones.
- Looking in the Code for when a refusal is unjustified: it does not define it.
- Forgetting the duty to inform when own goods were destined to the family charges by prior agreement.
Frequently asked questions
Who manages the ganancial goods?
Absent capitulaciones matrimoniales, administration and disposition correspond jointly to both spouses.
My partner refuses to sign. What can I do?
If the refusal is unjustified or they cannot give consent, Article 526 allows demanding judicial assistance by reasoned petition.
Do I need their signature for an urgent repair?
No. For urgent expenses of a necessary character, even extraordinary ones, one spouse’s consent alone suffices.
May I defend a common good in court alone?
Yes. Article 525 says either spouse may invoke the defence of the common goods and rights by way of action or of exception.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 13, 2026
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Selling a community good requires the written consent of both spouses
Article 527 of the Civil Code of 2020 requires both spouses’ written consent to dispose of ganancial goods for value, voiding the act absent timely ratification.
A spouse contracting alone is presumed to act with the other’s consent
Article 521 of the Civil Code of 2020 presumes the spouse contracting certain debts acts with the other’s consent, while the contrary is not proved.
Giving away a common good without the other spouse is void; selling it is only annullable
Article 495 of the Civil Code of 2020 voids gratuitous acts over common goods done without the other spouse’s consent, save the customary modest gifts.
Prenuptial agreements and the marital property regime
Under the 2020 Code you may agree to separation of property before marrying or during the marriage. It must be by public deed and registered.
The fruits of a separate good are community property even though the good stays one spouse’s
Article 513 of the Civil Code of 2020 makes ganancial the fruits produced both by privative goods and by common and ganancial ones.
Neither spouse may claim to represent the other without express permission
Article 402 of the Civil Code of 2020 requires representation between spouses to be expressly conferred, by judicial authority or by law.