What is bare ownership with a private character
The exclusive condition of an asset is given by the peculiarity of not being part of the marital patrimony. For example, when any asset is inherited, this element will not become part of the family assets, but its owner will be the exclusive one who receives the inheritance.
If the inherited property is subject to a temporary or life usufruct regime, then it is bare property with a private nature. Only the heir has the right to possession of the deeds of the house or premises in question.
The proprietary is established within the framework of family law and this concept is opposed to the concept of community property. In this way, what is acquired before marriage makes up the private assets of each of the spouses, while those that are achieved a posteriori will increase the common heritage.
Just as the assets prior to the nuptial contract enjoy the exclusive condition, the law also establishes that the assets resulting from donations, legacy or inheritances are considered under this consideration.
The joint property partnership refers to the patrimony that the spouses build during the duration of the marriage. It is assumed from that moment that the productive effort is combined and gives rise to what is the product of the activity of both members of the couple. http://murshidalam.com/
Separation of Property
There is an exception in which the two spouses agree to celebrate a marriage under the figure of separation of property, in which both celebrate a complementary contract to the nuptial one in which they express the renunciation of the creation of community property, so that each one keeps his equity and income separately.
Status of bare property
The bare property in any of the cases is part of the assets that make up the patrimony of any person and the only way in which it does not add to the joint property is if it is previously acquired, that there is a separation of bodies’ agreement or that it is received through a donation or inheritance.
The importance of these exceptions with respect to the condition of private property lies in the fact that assets under this regime cannot be seized in the event that the spouse of its owner incurs in unpaid debts.
The action of a court may not attempt to compensate pecuniary damages of third parties through real estate - or any other - that has the exclusive condition. Only very personal responsibilities of the heir would make this action possible.
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A bare property of a private nature would not serve the purpose of being joint and several with the debts contracted by any of the members of the couple without distinction. It is not considered part of the marital estate even if it was incorporated into the estate of one of them during the marriage.
Likewise, and in line with what has been explained above, in the event of separation and termination of the nuptial contract, the private property will not be considered within the inventory of property to be distributed between the couple.
Paraphernalia
Paraphernalia is a very little used concept in our days, at least in its legal sense. This conception refers to private property corresponding specifically to married women. The paraphernalia brings together the proprietary assets that the woman possesses within the marriage.
The community property society seeks to protect the family institution by ensuring that joint resources are not misused abusively by either party and, above all, to protect descendants who are products of the union. Private property is the exception to the rule that is generated under circumstances that are considered special.