Javier Bortoni

+5281-8336-4020

jbortoni@rrqb.mx

 

Luis Alcántara

+5281-8336-4020

lalcantara@rrqb.mx

La importancia de las capitulaciones matrimoniales

Las capitulaciones matrimoniales son el convenio o los pactos que los contrayentes al matrimonio celebran para constituir la sociedad conyugal o la separación de bienes y con ello reglamentar la administración de los bienes de los esposos. Este acuerdo puede celebrarse antes o después de que una pareja se case, y debe regular los bienes adquiridos antes y durante el matrimonio.

En México, la celebración de las capitulaciones matrimoniales no es una práctica común. Este pacto podría prevenir muchos conflictos patrimoniales durante el matrimonio y especialmente durante el divorcio. La Suprema Corte de Justicia ha resuelto que cuando el régimen patrimonial sea la sociedad conyugal, si no existen capitulaciones, los gananciales matrimoniales formarán parte de la sociedad. En Nuevo León, por ejemplo, aún con separación de bienes, los cónyuges que se dedicaron a los hijos o al hogar tienen el derecho a recibir una contraprestación de hasta el 50% del patrimonio creado por el otro cónyuge durante el matrimonio.

Uno de los beneficios de celebrar capitulaciones es que, para los matrimonios en sociedad conyugal, se facilita la repartición de bienes en caso de un divorcio o incluso, durante el matrimonio y ayudan a evitar contratiempos en transacciones con terceras personas.

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