Marital property regimes in Peru: what happens to shared assets

The two marital property regimes in Peru

When two people marry in Peru, the law automatically assigns them a “property regime” that determines what happens to money, property, and debts during the marriage. There are two options:

• Sociedad de gananciales (community property): this is the default regime. If the couple doesn’t sign anything special before the wedding, this is what applies automatically. In simple terms, most of what is earned or purchased during the marriage is treated as belonging to both spouses, even if it’s only in one spouse’s name.
• Separación de patrimonios (separate property): each spouse keeps ownership, management, and disposal of their own assets and income, much as if they were single with regard to property matters. Choosing this regime requires a formal procedure — it can’t simply be “agreed” verbally.

What counts as separate property versus shared property?

Under community property, the law generally distinguishes between:

• Bienes propios (separate property): generally, what each spouse owned before marrying, what they receive by inheritance or gift during the marriage, and personal-use items (clothing, work tools, personal compensation payments, among others).
• Bienes sociales (shared property): generally, each spouse’s work income during the marriage, income generated by both separate and shared assets, and assets acquired with that income during the marriage.

This distinction matters because, upon divorce, only shared assets are split in half; each spouse’s separate property is, in principle, not divided.

How to choose separate property

For the separate-property regime to apply from the start of the marriage, the future spouses must:

1. Go to a notary before the wedding and sign a public deed choosing that regime.
2. Register that deed in SUNARP’s Personal Registry, so the chosen regime is effective against banks, creditors, or other third parties.

If a couple is already married under community property and wants to change regimes, there is generally a way to do so during the marriage, either through a public deed or a judicial process, depending on the circumstances. It’s advisable to consult a notary or a family lawyer for the exact procedure that applies, since it can vary case by case.

Are debts shared too?

Under community property, not all debts automatically become both spouses’ responsibility. Generally speaking, debts taken on by one spouse for their own personal benefit or incurred before the marriage tend to be considered personal, while debts incurred to support the household, the family, or a joint business may affect shared assets. This is an area where specific legal advice is worthwhile, since the rules on liability toward creditors have important nuances.

What happens to property upon divorce?

When a marriage ends (through divorce, for example), if the couple was under community property, a liquidación de la sociedad de gananciales (liquidation of the community property) is carried out:

1. All shared assets existing at the time of dissolution are identified.
2. The community’s debts and charges are paid.
3. The remainder (called the “gananciales”) is split equally between both spouses, regardless of who earned more during the marriage.

If the couple was under separate property, there is nothing to liquidate in terms of shared assets, since each spouse already owned their own property throughout the marriage. To learn about the divorce process itself, see our guide on divorce in Peru: mutual consent vs. fault-based.

What if I never married but lived together as a couple for years?

If the relationship was a legally recognized unión de hecho (de facto union), rules similar to community property often apply to assets acquired during the cohabitation, but recognizing that de facto union has its own requirements. See our guide on de facto unions in Peru: how to get legal recognition for more detail, and our guide on unmarried partner inheritance in Peru if your concern is what happens if your de facto partner passes away.

Practical recommendation

This is an area where details matter a great deal: the chosen regime, the timing of when each asset was acquired, and whether or not it was registered can completely change the outcome of a property liquidation. If you’re about to marry, considering a change of regime, or going through a divorce, it’s worth consulting a notary (for choosing or changing the regime) or a family lawyer (for liquidation or property disputes).