gananciales/separación de bienes

Discussion in 'Legal Terminology' started by ирене, May 11, 2009.

  1. ирене Member

    Don Benito, Spain
    Spanish, Spain
    Hello everybody,

    I am trying to translate some legal terms and I would like somebody to explain the different concept in order to get to a proper translation for the following terms:

    Bienes gananciales: when somebody marries somebody in "sociedad de gananciales", then everything (both properties purchased DURING marriage and the assets each one owned BEFORE getting married) become a common property and if getting divorced 50% of EVERYTHING will pass to each one.

    Separación de bienes: in this case, each person owns their own assets, that is to say, what was mine, will always be mine (also during marriage) and if getting divorced, each person keeps their own assets. In this case, there are no common properties in the marriage.

    I cannot get the right word in English for the two terms. I have been lookin in A guide to the law and it explains the concepts of joint tenancy: (it seems similar to bienes gananciales, although there is a difference at the time of deceasing, because in the UK, the person share will pass automatically to the other, but in Spain, the descendants will always inherit 2/3 of the deceased person's assets, that's obligatory under Spanish Law)...and there is also tenancy in common: it seems in case of deceasing, a person's share will pass either to that person's will or, if there is no valid will, according to rules of intestacy.
    Under Spanish law, you can get married either in sociedad de gananciales or separación de bienes, and in the UK, I have found only joint tenancy and tenancy in common, and I would like to know if there is another concept that refers to be married, but owning your own properties and everything and the same applying for your husband.
    Having explained those concepts, I would like somebody to confirmed if bienes gananciales=joint tenancy (or not) and also, to help me find a proper translation for separación de bienes, and to tell me what tenancy in common is in Spanish (if that exists, that I do not think so).

    Thank you very much in advance.

  2. sevillana23 Senior Member

    North Carolina
    Maybe something along the lines of Joint Assets - Bienes gananciales - and Separation of Assets - Separación de bienes - but I would wait for the experts to weigh in.

  3. ирене Member

    Don Benito, Spain
    Spanish, Spain
    Aunque no estés segura 100%, gracias por tu aportación, me ayuda a seguir investigando nuevos términos;)

  4. Lamemoor Senior Member

    Peru - Spanish
    Esta información la he obtenido de diccionarios de términos legales.
    gananciales: property acquired during marriage / property held in community by husband and wife
    separación de bienes: separation /division of marital property.
    separate ownership of property during marriage.

  5. isabel... Senior Member

    Quizás para sociedad de gananciales community o marital property en US.
    Marital or community property is defined differently from state to state, but generally describes property and earnings acquired during the marriage, with the exception of individual gifts and inheritances that are kept separate. This includes work income, real estate, furnishings, personal property and the like.

    y para separación de bienes: separate property
    Non-marital property generally includes property that each spouse brings into the marriage, keeps in his/her own name and keeps separate from marital assets. It also includes gifts and inheritances to one spouse that are kept separate.

    Esa es la información que encontré en la mayoría de páginas de firmas de abogados en USA, cuando tratan sobre el divorcio.

  6. robjh22 Senior Member

    U.S.A. & English
    The property itself is called "community property," yes, but I would call the institution itself "community property regime."

    As always, we need to be on guard looking for exact equivalents: in some states, "community property" by definition includes only the property obtained during the marriage; the property owned before marriage is and remains "separate property."

Share This Page