Can a Claim Be Made Regarding Property That Doesn't Belong to One of the Spouses or that Has Been Disposed?

f you want to claim acquired property, as a rule, the ownership of that property must be in one of the spouses.

If you want to claim acquired property, as a rule, the ownership of that property must be in one of the spouses. The goods and values ​​to be taken into account during the liquidation of the acquired property regime are evaluated according to the property status of the spouses at the end of the property regime. As long as the marriage continues in the legal property regime, as a rule, the spouses have the right of ownership, management and disposition over all their properties. For this reason, there is no obstacle for the spouses to possess the acquired property while the property regime continues. In fact, this is a mandatory provision, the spouses cannot make a contract that they will not dispose of some of their assets, and that they will act with the consent of the other spouse. However, some asset values ​​may be accepted as “values ​​to be added” even though they are not owned by a spouse. Except for this exceptional provision, property that is not in the possession of a spouse at the time of the expiration of the property regime will not be taken into account in the liquidation.