My wife bought a house before we got married with mortgage credit. We're both paying for that house. I want to know what rights I have at the time of selling it. Hugo, Guayaquil
Dear Hugo, the property that was born before the marriage is considered to be the property of the person who acquired it and, therefore, does not become part of the property of the conjugal society. Art. 157 of the Civil Code establishes which property is entered into it, which does not include its own. Therefore, the spouse who owns them does not require the authorization of the other to tax or dispose of them (art. 141 of the Civil Code).
Therefore, in the event that your spouse sold the property you purchased before the marriage, you have no right of any kind, even if you are helping to pay the loan they made to her. So much so that art. 172 of the aforementioned code stipulates that "if anything from the husband or wife is sold, the company shall owe the price to the selling spouse..." Obviously, in the event that the money from the sale had entered the company or had been used to bear the company's burdens.
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On the other hand, it is necessary to consider the provisions of art. 138 of the Act stipulates that "the spouses must provide each other with what is necessary and contribute, according to their powers, to the maintenance of the common household... "that is, if you are living in the property owned by your spouse, you are benefiting from it, as well as the children of both-if they did-because otherwise you would have to pay a lease fee elsewhere.
Dr. Katia Murrieta Wong, lawyer. Tel.: 099 948 2360, 231 1743, 212 930 5780.