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The marriage’s goods are presumed community property until the contrary is proved

Last reviewed: September 13, 2026 — VerifiedPoder Judicial

In short

The lists of privative and ganancial goods do not settle every case, so the Civil Code of 2020 adds three articles to decide when the label is unclear. The best known is Article 519, which fits in one sentence: the marriage’s goods are presumed ganancial while it is not proved they belong privatively to either spouse. The burden of proving falls on whoever claims a good is theirs and not both’s. Article 517 works before any dispute arrives, by agreement. The spouses may, by common agreement, attribute the condition of common or ganancial to any good they acquire for value during the society, whatever the origin of the price or consideration and the form and term in which it is paid. It is worth noting the rule’s direction: the article authorises making a good common, and says nothing of the reverse path. The same article adds two more presumptions. If the acquisition is made jointly and without attribution of shares, their will is presumed favourable to the good’s ganancial character. And in case of doubt, the privative or ganancial character of the first disbursement made to acquire the good determines its eventual nature, save proof to the contrary. That is: if there is no way to know, one looks at who put up the first payment. Article 512 settles a different problem, that of rights attached to the person. Rights inherent to the person are those created, recognised or received by reason of the identity and individuality of the holding or receiving spouse, or in consideration of their personal qualities. And though such rights keep their personalísimo character, the fruits or periodic yields accrued during the marriage are common and ganancial, save legal provision to the contrary.

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What is it?

They are Articles 512, 517 and 519 of the Civil Code of 2020: rights inherent to the person, voluntary attribution of a good’s character, and the ganancial presumption.

Who can do it?

Married people under the sociedad de gananciales disputing or wanting to settle in advance whether a good is one spouse’s or both’s.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Start from the presumption

    Article 519: the marriage’s goods are presumed ganancial while the contrary is not proved.

  2. Step 2: Whoever claims privative proves it

    The presumption yields only when it is proved the good belongs privatively to one spouse.

  3. Step 3: They may agree in advance

    Article 517: by common agreement they may attribute common or ganancial condition to what is acquired for value.

  4. Step 4: Buying jointly without shares points ganancial

    The will is presumed favourable to the good’s ganancial character.

  5. Step 5: If in doubt, look at the first payment

    The first disbursement’s character determines the good’s eventual nature, save proof to the contrary.

  6. Step 6: Personal rights are not divided, their fruits are

    Article 512: the fruits or periodic yields accrued during the marriage are common and ganancial.

Where to do it

Article 512 does not enumerate which rights are inherent to the person: it gives the test — the spouse’s identity and individuality, or their personal qualities — and not a list, so the characterisation stays open. Article 517 does not say in what form the common agreement of attribution must be recorded, nor whether it must be registered or annotated anywhere, nor what happens if one of the two later denies it. Nor does it define what places a case "in case of doubt", which is the gateway to the first-disbursement rule. Article 519 names no standard of proof sufficient to defeat the presumption, nor the forum where it is raised. And none of the three publishes a tariff, form or term. 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 that decides the most cases is the chapter’s shortest. Article 519 says the marriage’s goods are presumed ganancial while it is not proved they belong privatively to either spouse. That sentence allocates the work: whoever wants to take a good out of the common estate is the one who must prove it, not the reverse. It is worth keeping in mind before arguing, because it entirely changes who needs to keep the papers. The second rule is the one that lets you get ahead of the problem. Article 517 lets the spouses attribute by common agreement the condition of common or ganancial to any good they acquire for value during the society, and it allows this whatever the origin of the price. That is, common character may be given to something bought with one spouse’s money. The rule’s direction must be read carefully: the article speaks of attributing the condition of common or ganancial, and says nothing about the reverse path, so it should not be assumed. The same article brings two criteria for cases without express agreement. If the acquisition is made jointly and without attribution of shares, the will is presumed favourable to the ganancial character. And in case of doubt, the privative or ganancial character of the first disbursement made for the acquisition determines the good’s eventual nature, save proof to the contrary. That first-disbursement rule is what makes it worth keeping the trail of the down payment, the deposit or the first cheque, even years later. Finally, Article 512 settles a case people frame wrongly. Rights created, recognised or received by reason of the spouse’s identity and individuality, or in consideration of their personal qualities, keep their personalísimo character. They are not divided. But the fruits or periodic yields accrued during the marriage are common and ganancial, save legal provision to the contrary. The right is yours; what it produces each year is not. MiPRFácil gives no legal advice.

Common mistakes

  • Believing whoever claims half must prove the good is ganancial: the presumption already does it.
  • Not keeping proof of privative character and being caught by Article 519.
  • Assuming Article 517’s agreement also serves to make a common good privative.
  • Buying jointly without attribution of shares thinking that leaves the good split into own shares.
  • Discarding the trail of the down payment or first cheque: in case of doubt, that disbursement decides.
  • Believing the first-disbursement rule admits no proof to the contrary: the article admits it.
  • Thinking a personalísimo right drags its fruits along: the periodic yields are ganancial.
  • Looking in Article 512 for the list of rights inherent to the person: it gives only the test.

Frequently asked questions

Who must prove a good is separate property?

Whoever claims it. Article 519 presumes the marriage’s goods ganancial while it is not proved they belong privatively to a spouse.

May we agree a good belongs to both?

Yes. Article 517 allows attributing by common agreement the condition of common or ganancial to what is acquired for value during the society.

We do not know whose money it came from. What governs?

In case of doubt, the first disbursement’s character determines the good’s nature, save proof to the contrary.

Is a personal right divided?

No, it keeps its personalísimo character. But its fruits or periodic yields accrued during the marriage are common and ganancial.

Official sources

These are the government pages this guide is based on.

Last verified

September 13, 2026

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