The common property of the couple consists of all assets that belong to both spouses, which may include movable assets (appliances, sofas, decorative items) or immovable assets (houses, land, apartments, stores, etc.).
The need for the consent of the other spouse for the conclusion of a contract for the sale of common property will depend on the type of asset involved, as follows:
IN THE CASE OF A MOVABLE ASSET:
For one spouse to dispose of a common movable asset whose administration is shared by both, they must always obtain the prior consent of the other spouse.
If the administration of the asset is solely the responsibility of one spouse, they may sell it without the consent of the other spouse, as long as the asset is not used in domestic life or as a work instrument for both.
IN THE CASE OF AN IMMOVABLE ASSET:
If one spouse intends to sell an immovable asset or a commercial establishment, the consent of the other spouse is always required.
If the other spouse does not consent to the sale of the immovable asset, they may request the annulment of the contract within six months from the date they became aware of it, but no later than three years after its conclusion.
It is certain that the annulment of the transaction will only produce effects concerning the buyer if the buyer acted in bad faith.
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