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Separation of Assets: Lawyers in Medellín

Going through a separation is undoubtedly one of the most emotionally and legally exhausting processes that some people have to go through; but as if it were not enough to go through a breakup after sharing a life as a couple for some time, many also insist on fighting over the economic aspects and assets acquired during the marital partnership. Fortunately for many, and to the discomfort of others, wishing that the spouse be left in absolute ruin because of the problems that have occurred, is not a wish that is so simple to realize.
In Colombia, it is legally established that all assets acquired for valuable consideration during the marriage are part of the marital partnership of both, and if at its end, the common patrimony would have to be divided between the two in equal parts. When the two parties are unable to reach an agreement as to how the respective procedures will be carried out to settle the inconvenience of having shared assets, requesting legal advice from a group of lawyers in Medellín is the best way to conclude this process in an assertive manner.  According to article 203 of the Civil Code, the separation of property does not require that the couple be divorced and it is often done by mutual agreement between both individuals even when they remain married; in this way it is established that from the moment in which this procedure is carried out, neither of the spouses has the right to what is part of the patrimony of the other while the marital partnership is dissolved.
When the separation of property is not by mutual agreement, one of the two spouses may request it for the following reasons:

  • By separation of bodies
  • For any of the legal grounds for divorce in Colombia
  • Because the marriage has been declared null and void

Subsequently, when it is verified that the marital partnership is dissolved, with the legal advice of a team of qualified lawyers, a count of the assets acquired during the period in which the partnership was valid is made in order to proceed to its equitable distribution, it is important to highlight that not only the assets are distributed between both, the debts acquired during the cohabitation of the couple are also assumed by halves when the marital partnership is terminated.
Ending a relationship in a cordial manner, establishing agreements and maintaining a dialogue with the other party to close a process in a neutral manner, is the best alternative to avoid legal suits that unnecessarily extend for several years when they are not mutually agreed upon.

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