The legal framework
The Código Civil y Comercial (Civil and Commercial Code) of 2015 (articles 446 to 508) offers two regimes. The community of acquisitions (comunidad de ganancias) applies when no choice is made: property acquired for value during the marriage and the income from each spouse's own property are common (gananciales), while property owned before the marriage, inheritances and gifts remain each spouse's own (bienes propios). Separation of property (separación de bienes) is chosen by a marriage agreement (convención matrimonial) before an escribano before the wedding or, after one year of marriage, by an amending agreement. Each spouse manages his or her own property and the common property he or she acquired, but selling the family home, and registrable common property such as real estate and vehicles, requires the other's consent (asentimiento, articles 456 and 470). Debts incurred for the upkeep of the household and the children's education bind both spouses. The compensación económica (article 441) applies under both regimes. When there is no marriage agreement, Argentine private international law applies the law of the first marital domicile.
None of the legal systems of the UK, nor Irish law, has a community of property: in England and Wales spouses own separately what they buy, and on divorce the court divides the assets at its discretion. British spouses who marry in Argentina, or whose first marital home is there, are therefore often surprised to find that everything either of them earns and buys during the marriage is common, that a house bought with one spouse's salary belongs half to the other, and that the family home cannot be sold without both signatures, whoever holds the title. The community also shows on death: the surviving spouse first takes half of the common property as a partner in the community, and only the other half passes through the succession.
For a couple who married in the UK and moved later, Argentine private international law applies the law of the first marital domicile — English, Scottish, Northern Irish or Irish law, none of which has a community of property — subject to the Argentine rules that apply, as the law of the place where it lies, to land and other registered property in Argentina; on a divorce in England, the English court applies English law to all the assets, including property in Argentina. The practical answer is the escribano: a couple who move their domicile to Argentina can record in a public deed that they opt for Argentine law, couples marrying in Argentina can choose separation of property before the wedding, and anyone buying property should take advice on how the title will be held and how the origin of the funds will be recorded.
Key points
| Default regime | Community of acquisitions: halves of everything acquired for value during the marriage and of the income from own property |
|---|---|
| Own property (bienes propios) | Owned before the marriage, inheritances, gifts, personal compensation payments, and what is bought with their proceeds (subrogation) |
| Separation of property | By agreement before an escribano before the wedding or after one year of marriage; noted in the marriage record |
| Consent (asentimiento) | Needed to sell the family home (under both regimes) and registrable common property |
| Debts | Each spouse answers for his or her own, except those incurred for the household and the children, which bind both jointly |
| Liquidation | On divorce, death or change of regime: by court-approved agreement or by the court; division in halves |
| Compensation payment | Under both regimes, for the spouse left in economic imbalance; lapses six months after the divorce |
| International couples | Without an agreement, law of the first marital domicile; after moving to Argentina, option for Argentine law by public deed; neither UK nor Irish law has a community regime |
In practice
- Before the wedding, sign the marriage agreement before an escribano if you want separation of property (a business, earlier assets, a second marriage); it is noted in the marriage record. A spouse who does not read Spanish should ask the escribano in advance how the deed will be translated.
- After one year of marriage, change regime by an agreement before an escribano, with liquidation of the community accumulated so far.
- Make an inventory of your own property (deeds, inheritances, savings brought from the UK) when you marry: the presumption that property is common covers everything else, so keep the bank records showing the origin of funds transferred from abroad.
- On divorce, liquidate the community in the same proceedings (propuesta reguladora, the settlement proposal) or afterwards; the compensation payment must be claimed within six months.
- Unmarried couples (uniones convivenciales) have no regime at all: only a cohabitation agreement organises their property. Property in the UK remains subject to UK property law and UK tax whatever the Argentine regime, and Argentine tax residents must declare assets held abroad — a point to raise with an Argentine accountant (contador).
Cost and coverage
Marriage agreement before an escribano 100,000 to 400,000 pesos; liquidation of the community by notarial deed according to the assets; through the courts, with lawyers' fees according to each jurisdiction's scale. Any UK document used in Argentina (title deeds, earlier agreements, probate papers) must be apostilled and translated by a traductor público (sworn public translator).
Recent changes
The 2015 Code introduced the option of separation of property, which did not exist before in Argentina, and the compensation payment; case law has since clarified how property bought with mixed funds is classified.
Where to go
- Colegios de escribanos (notaries' associations): marriage agreements and changes of regime.
- Family courts (juzgados de familia): liquidation and compensation payments; Registro Civil: annotation of the agreement in the marriage record.
- Property registries for real estate (registros de la propiedad inmueble) and for vehicles (registro del automotor).
- British Embassy in Buenos Aires: notarial services and consular assistance; Irish citizens: Embassy of Ireland in Buenos Aires.
Worth knowing
Separation of property can be agreed only before the wedding or after one year of marriage: during the first year, the community applies with no way out. Under both regimes the family home cannot be sold without the other spouse's signature — even a flat bought by one spouse alone before the marriage, if the family lives in it. And for British couples: there is a regime whether you chose one or not — find out which before you buy or sell in Argentina.
Frequently asked questions
We married in England and now live in Buenos Aires: which regime applies?
Without an agreement, Argentine private international law applies the law of your first marital domicile — English law, which has no community of property, if you first lived together as a married couple in England. Argentine property rules still apply to land and other registered property in Argentina, and the escribano applies them when you buy or sell. Having moved your domicile to Argentina, you may record in a public deed before an escribano that you opt for Argentine law, which gives you a clear Argentine regime; an English court dealing with a divorce would still apply English law to all your assets.
Is an English prenuptial agreement recognised in Argentina?
Only in part. An Argentine marriage agreement may cover only the matters the Code allows — chiefly the designation of each spouse's own property and the choice of separation of property — so clauses on maintenance or on sharing assets on divorce will not be applied as such: an Argentine judge will bring them as close as possible to the nearest Argentine regime. In England itself a prenuptial agreement is not automatically binding, although since the Supreme Court's decision in Radmacher v Granatino (2010) the courts give effect to a freely made agreement unless holding the parties to it would be unfair. Couples with assets in both countries should take advice from both an English solicitor and an escribano.
Is our flat in Buenos Aires common property even though only my name is on the deed?
Under the community of acquisitions, yes, if it was bought for value during the marriage — unless it was paid for with your own property, such as savings from before the marriage or an inheritance, and that origin is recorded, ideally in the deed at the time of purchase. Under separation of property it belongs to you. Under both Argentine regimes, if it is the family home, you cannot sell it without your spouse's consent.
Official sources and links
- Civil and Commercial Code — articles 446-508 (matrimonial property regime) — official text
- Colegio de Escribanos de la Ciudad de Buenos Aires — marriage agreements
- Ministry of Justice — Derecho Fácil — official plain-language explanations
- British Embassy Buenos Aires — consular assistance and notarial services
- argentina.gob.ar — official portal of the Argentine state: procedures, civil registry, migration, health, justice
- Normativa nacional (InfoLeg) — official texts of Argentine laws and decrees
- British Embassy Buenos Aires — gov.uk — consular help, notarial and documentary services for British nationals in Argentina