Liquidation of the Community Property in a Common-Law Marriage

August 12, 2023

More than 30% of Colombians live together for a long time, leading a partnership life without declaring any union or common-law marriage. However, thanks to Law 54 of 1990, the estate that they have managed to create through their shared life as partners for more than two years is protected under the legal framework of this law.

This law in Art. 2 declares that the common-law marriage, which was modified by Law 979 of 2005 and Ruling C-075-07, a ruling that gives same-sex couples the same protection granted to heterosexual permanent partners.

It is important to note that the figure of liquidation of the community property applies to common-law marriages or domestic partnerships. Hence, it is a consequence of the creation of the common-law marriage.

For the common-law marriage to exist, as previously mentioned, the partners must have been living together for 2 years and do not possess an impediment to get married.

That is why in cases where the permanent partners decide to part ways, the dissolution and liquidation of the community property must take place in order to protect both partners legally and economically.

Do not hesitate to ask for the legal assistance of our Family Lawyers in Colombia .

What is the Community Property in a Common-Law Marriage?

The community property in a common-law marriage consists of all the assets that are part of the common estate of the couple. Hence, it is integrated by all the assets acquired during the validity of the common-law marriage or domestic partnership.

The community property is dissolved by means of a public deed, by signed minutes, before a conciliation center, notary or by judicial sentence. In these cases, we always recommend the advice and legal support of a family lawyer specialized in cases of liquidation and dissolution of a community property in Colombia.

What assets should be taken into account during the liquidation of the community property?

The liquidation of community property corresponds to:

• Mutual support.
• Capital produced during the term of the relationship.
• Movable and fixed assets.
• The benefits that were acquired within the common-law marriage.
• Revenues.
• Rental fees.
• Fruits or greater value that produce the own property.

What is NOT part of the liquidation of a Community Property in Colombia?

According to Art. 3 of Law 54 of 1990, they shall not form part of the assets of the community property:

• Assets acquired by virtue of donation.
• Inheritance or legacy.
• Nor those that were acquired before the beginning of the common-law marriage or domestic partnership.

Why does the Community Property dissolve?

Law 979 of 2005, determines in its Article 3 that the community property between permanent partners is dissolved:

• By the death of one or both partners.
• By the marriage of one or both partners with people other than those who are part of the common-law marriage.
• By mutual consent of the permanent partners, elevated to public deed.
• By judicial sentence.

When is the Community Property dissolved?

For the dissolution of the community property of a common-law marriage, it will be important to know the terms of the legal actions established in Law 54 of 1990.

In that sense, the permanent partners have one (1) year from the physical or definitive separation, death, marriage with third parties to advance the actions of dissolution and liquidation of the community property.

What Happens When One of the Permanent Partners Dies?

If one of the permanent partners dies, the other partner has one (1) year from the date of death to declare the liquidation of the community property through a public deed, or through a judicial sentence.

It is important to note that if the ownership of the assets is not in the name of the permanent partners, it is recommended to avoid letting the term established in Art. 8 of Law 54 expire (1 year) to initiate the respective legal actions.

It will be significant to take into account the provisions of Article 4 of Law 979 of 2005, which amended Law 54 of 1990. It established the following:

"Either of the permanent partners or their heirs may request the liquidation of the community property and the adjudication of the assets. When the cause of the dissolution and liquidation is the death of one or both permanent partners, the liquidation may be made within the respective succession process, provided that there is proof of the common-law marriage."

Family Law Attorneys

Our lawyers can advise you and accompany you during your process of liquidation of the community property in a common-law marriage.

Write to us on our Contact Form, schedule your legal appointment with our lawyers through the following link or contact us at +57 310 5706331.

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