Articles 2444 through 2461 outline Argentina’s forced heirship system. The system vests certain individuals with the right to succeed the decedent and have certain portions of the decedent´s estate reserved for them, regardless of the decedent’s testamentary instrument or testamentary gifts. Article 2444 defines such forced heirs as including descendants, ascendants, and spouses.
The plaintiff sued his ex-wife, the appellant, and requested recognition that a piece of real estate was his private property. The plaintiff noted that he and his wife were in a registered marriage for a certain period. The plaintiff made money as an individual entrepreneur (in Ukraine, this term means an individual that owns his or her business and possesses all the profit). While running his business, he acquired real estate and registered title. The plaintiff invested his own money in this property.
The Plenum of the Supreme Court held that divorce based on the claim of one spouse may be granted by the courts if “the preservation of the family has become impossible.” The passing of the three-month reconciliation period and the claim by one spouse is not enough for such a determination, rather, the courts must comprehensively analyze the relationship between the spouses, the motives for the claim for divorce, and the reasons for discord between the spouses with the participation of both spouses. The Plenum further held that if a court determines that there is evidence of the possi
The Married Persons (Property) Act (the “Act”) sets out the law on property ownership by a married couple in Guyana. Under the Act, property owned independently by either spouse before marriage does not automatically become joint property upon marriage. Instead, each spouse retains individual ownership of their property. A married woman who has property transferred into her sole name is treated as the sole owner.
These articles determine the legal consequences related to joint property of the spouses after the dissolution of the marriage. Dissolution of marriage shall not terminate the joint ownership of any property acquired in marriage, meaning that co-owners shall manage any property that remains in their joint ownership upon divorce only on the basis of their mutual agreement.
This article established the right of married couples to create a joint will to manage the inheritance of property that the spouses own together. Under a joint will, the deceased spouse’s share of the spouses’ joint property passes to the surviving spouse. No one else can inherit property included in a joint will until after the death of the second spouse. For example, if the spouses made a joint will in which they bequeathed their property to their children in equal shares, the children will be able to receive the inheritance (only after death of both spouses).
