Goods purchased in installments?

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When there are doubts about whether an asset is private or joint, its joint nature is presumed ( article 1361 of the Civil Code).

In order to prove that certain assets belong to one of the spouses, the confession of the other will be sufficient. However, said confession will not prejudice the forced heirs of the confessor, nor the creditors, whether they are from the community of property or from each of the spouses. Article 1324 Civil Code. This confession has no absolute value.


In the event of problems, our civil code provides solutions. Thus, in the joint property sweden business email list regime, joint ownership is presumed, and in the separation of property regime, joint ownership is presumed.

We must answer this question with "it depends," because several situations must be taken into account.

If the property is acquired by one of the spouses while the community property regime is in force, that property has community property character if the origin of the first disbursement made was community property. On the other hand, if the first disbursement was separate, that property will be separate property.

If the assets are acquired by one of the spouses before the beginning of the community property, they will always have a separate character even if all or part of the deferred price is paid with community property money.

Except in the case of the acquisition of the home and the belongings or trousseau, it is understood that if they were acquired with private money and partly with joint money, it corresponds to the spouse who made the contribution and to the joint property in proportion to the contribution.