Being Unfaithful And Having The Right To Half Of The Assets Is It Possible?

Being Unfaithful And Having The Right To Half Of The Assets Is It Possible?

At the time of a separation, the distribution of assets is an issue that gives continuity to this process, and in this sense it is necessary that you learn to distinguish what things you can be a creditor and under what circumstances

They say that in war and in love anything goes, right? That is why the expert lawyers of the Universidad Libre Law School present some legal concepts that are very important to take into account about the different causes of divorce, the distribution of assets and much more.

When faced with the question of whether you have the right to half of the assets in the divorce after having been unfaithful, the short answer is if, even if you have been the culprit in this process, you do not lose the right to the community share, so it is He can assign you half of the active or passive social assets that you have acquired during the marriage.

However, the consequences of having been guilty for this reason can generate the following financial consequences:

  • Being sentenced for food in favor of the innocent, which could be given for life.
  • That the innocent spouse has the possibility of revoking the donations that due to the marriage would have made to the guilty spouse.
  • The guilty spouse will have to comply with the obligation of maintenance for the children in common.
  • If there was impairment to the assets of the conjugal partnership as a result of the infidelity, it must be reestablished.
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In legal terms, infidelity occurs when the spouses cannot refrain from having intimate relationships with other people other than their partner, as well as the execution of actions that give the appearance of having a compromising relationship with someone else, such as kissing prohibited, caresses or any other erotic act.

Once a marriage is contracted, what is known as a conjugal partnership is born, which is made up of the property of each spouse before and during the marriage and the social assets that are acquired in effect thereof. Once the divorce sentence is established, the marriage is terminated and the Family Judge orders the dissolution and liquidation of the conjugal partnership, which is nothing more than the way in which the assets of the conjugal partnership are distributed.

To do this, an inventory of the assets is made and it is determined which ones belong to each spouse and which belong to the conjugal partnership, both in assets and liabilities and are distributed according to the law. Prior to this, the process of distribution of the assets of the conjugal partnership must be notified before a notary public, and for this the accompaniment of a qualified lawyer is needed.

It should be noted that there is also another form of distribution of marital assets, which is called "Simple Separation of Assets", which in some way turns out to be a little more friendly since it does not end the marriage, or prevent cohabitation. , the grounds for divorce that are supported by law are the following:

  • Intimate extramarital relations.
  • The serious and unjustified breach of the duties as spouses or as parents.
  • The outrages, cruel treatment and mistreatment of work.
  • The habitual use of hallucinogenic or narcotic substances except when prescribed by a doctor.
  • The usual drunkenness.
  • The serious and incurable physical or mental illness or abnormality that endangers the mental or physical health of the other spouse or makes the marriage community impossible.
  • Any conduct tending to corrupt or pervert the other, a descendant or people who are under their care and live under the same roof.
  • The separation of judicial or de facto bodies that has lasted more than two years.
  • The consent of both spouses manifested before the competent judge and recognized by it through a sentence.