This regime must be expressly chosen and established by the spouses in marital capitulations, that is, it is an optional regime. As you remember from the first part of the blog, in the absence of an agreement, the applicable regime is that of community property.

The peculiarity of this regime is that it resembles the separation of property. In other words, during the term it works as the property separation regime. And each spouse is responsible for the administration, enjoyment and free disposal of both the assets that belonged to him at the time of contracting marriage and those that may be acquired later by any title, each responding with his assets of the debts he contracts. If those married under the participation regime jointly acquire any good or right, it belongs to them in ordinary undivided form.

The participation right

However, when the marriage is dissolved, each of the spouses acquires the right to participate in the profits obtained by their consort during the time that said regime has been in force. Participation will be half, unless the parties establish a different one, provided that it governs equally and in the same proportion for both spouses. If any of the spouses brings children from outside the marriage, then the participation will always be half.