Glossary entry

Spanish term or phrase:

separado de bienes

English translation:

separate ownership of goods

Added to glossary by DANIELAGONZALEZ
May 24, 2016 16:40
7 yrs ago
35 viewers *
Spanish term

separado de bienes

Homework / test Spanish to English Law/Patents Law: Contract(s) Contract of sale (Real estate)
casado y separado de bienes en primeras nupcias.

It's the title of an apartment and it says that. It's to be translated for declaration of taxes in Australia.

I think "separación de bienes" in Australia is financial agreement.

Proposed translations

5 days
Selected

separate ownership of goods

each spouse owns hos or her goods, i.e. they are not owned jointly by the couple

--------------------------------------------------
Note added at 5 days (2016-05-30 11:17:52 GMT)
--------------------------------------------------

Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.). In Common law countries, the default and only matrimonial regime is separation of property, though some U.S. states, known as community property states, are an exception.

Civil-law and bijuridical jurisdictions, including Quebec, Louisiana, France, South Africa, Italy, Germany, Switzerland, and many others, have statutory default matrimonial regimes, in addition to or, in some cases, in lieu of regimes that can only be contracted by prenuptial agreements. Generally, couples marry into some form of community of property by default, or instead contract out under separation of property or some other regime through a prenuptial agreement passed before a Civil-law notary or other public officer solemnizing the marriage. Five countries, including the Netherlands, have signed on to the Hague Convention on the Law applicable to Matrimonial Property Regimes, which entered into force on 1 September 1992, which allows spouses to choose not only the regimes offered by their country, but also any regime in force in the country where at least one is a citizen or resident or where marital real estate is situated.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for the information. It has been very useful. I think I am going to foreignize a term from here, and use "under separation of property" through financial agreement. Since regimes are different in different countries I don't want to domesticate the term and end up implying something else. Very useful again!! Thank you"
23 mins

with goods maritally separated; (BrE/OzE) holding matrimonial property as tenants-in-common

Types of co-ownership.

Tenants-in-common =separately (e.g. in proportions of 60% to 40%) - on death. the estates split and pass down or up the line of inheritance vs. on a joint tenancy (50/50) of land and bank a/cs etc. - on death, the property automatically passes across to the survivor.
Peer comment(s):

neutral AllegroTrans : "maritally separated" is, frankly, gobbbledegook, since goods, asfaik, don't enter into marriages// "tenants in common" is a VERY Common Law term that I do not regard to be usable in connection with explaining civil law matrimonial property arrangements
5 days
shorthand for with separate title, as per your answer, but not enough room for the full whack.// You have now made the EN Common Law point for the 14th time - but is not going to stop me helping explain the term to out-of-EN translators who keep asking.
Something went wrong...
1 day 15 hrs

prenuptial agreement

= Capitulaciones matrimoniales.
"The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage."
http://findlaw.co.uk/law/family/marriage_and_civil_partnersh...
Peer comment(s):

neutral AllegroTrans : It isn't the agreement, it is the arrangement made UNDER the agreement, which can vary as you say yourself
4 days
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search