Comunione de residuo

English translation: out of community of property with accrual

09:29 Jun 26, 2019
Italian to English translations [PRO]
Law/Patents - Law: Contract(s) / real estate sales contract
Italian term or phrase: Comunione de residuo
A couple about to buy a house in Italy the Notary is describing their marriage:
i quali dichiarano di aver contratto matrimonio in XXXXX e che lo stesso è regolato dalla legge XXXX (comunione de residuo),

The marriage was contracted in a foreign country under this regime.
Does anyone know how this might be expressed in English?
Cedric Randolph
Italy
Local time: 19:29
English translation:out of community of property with accrual
Explanation:
residual deferred community of property, so such assets start to accrue as of the date of the marriage.
Selected response from:

Cillie Swart
South Africa
Local time: 20:29
Grading comment
Thanks Cillie. This is what I based my translation on
4 KudoZ points were awarded for this answer



Summary of answers provided
4out of community of property with accrual
Cillie Swart
3 +1matrimonial property regime of the community of surplus
Stuart and Aida Nelson
Summary of reference entries provided
Marital Property Regimes
Stuart and Aida Nelson

Discussion entries: 1





  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
matrimonial property regime of the community of surplus


Explanation:

I don't know if this has anything to do with Germany but the concept is very similar. When some couples marry they enter into matrimonial contracts and establish their matrimonial property regime, which could be the case here.

La comunione legale è il regime patrimoniale della famiglia in mancanza di diversa convenzione.

Non è una comunione universale (comprendente cioè tutto quello che appartiene a ciascuno dei coniugi) ma è, in primo luogo, una comunione che ha per oggetto gli acquisti compiuti in costanza di matrimonio (ad esclusione di quelli personali).

Beni della comunione

Si possono distinguere tre categorie di beni nell’ambito del regime di comunione:

1. beni che rientrano nella comunione fin dal loro acquisto (comunione immediata);
2. beni che cadono in comunione soltanto al momento dello scioglimento della comunione stessa (comunione de residuo) ;
3. beni che non rientrano in alcun modo nella comunione (beni personali).
http://www.dirittierisposte.it/Schede/Famiglia/Patrimonio-de...

Al momento dello scioglimento del matrimonio viene a mancare il presupposto stesso della comunione di beni e per questo sarà necessario procedere a una separazione. A riguardo bisogna specificare che sono oggetto di divisione non soltanto i beni che erano in comunione, ma anche alcuni che prima non ne facevano parte: è la cosiddetta comunione de residuo.

I beni mobili presenti su un conto corrente rientrano nella comunione de residuo, che è formata dai beni non consumati e che devono essere ripartiti al 50% tra i coniugi che si separano.
https://www.migliorcontocorrenteonline.org/conto-corrente-in...

statutory matrimonial property regime of the community of surplus
https://www.proz.com/kudoz/german-to-english/law-general/152...

Residents who are married or in a civil partnership should consider opting for the
matrimonial property regime of the community of surplus.
https://books.google.co.uk/books?id=uxdv_-ryDSMC&pg=PA110&lp...


Stuart and Aida Nelson
United Kingdom
Local time: 18:29
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: Looks very much like the scheme (regime) of splitting 'after-acquired' (post-marital vs. post-bankruptcy) property.
5 days
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
out of community of property with accrual


Explanation:
residual deferred community of property, so such assets start to accrue as of the date of the marriage.


    https://translate.google.co.za/?hl=af#view=home&op=translate&sl=auto&tl=en&text=L'espressione%20%E2%80%9Ccomunione%20de%20residuo%E2%80%9C%2
Cillie Swart
South Africa
Local time: 20:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
Grading comment
Thanks Cillie. This is what I based my translation on
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Reference comments


2 hrs
Reference: Marital Property Regimes

Reference information:
Community property (United States) or Community of Property (South Africa) is a marital property regime under which most property acquired by a spouse during a marriage (except for gifts or inheritances), is owned jointly by both spouses and is divided upon divorce, annulment or the death of a spouse. Community property is premised on the theory that marriage creates an economic community between the spouses (who may be same- or opposite-sex); and that the marital property attaches to that interpersonal community, rather than to the spouses themselves
https://en.wikipedia.org/wiki/Community_property

Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in civil-law countries, and depend on the lex domicilii of the spouses at the time of or immediately following the wedding. (See e.g. Quebec Civil Code and French Civil Code, arts. 431-492.). In most Common law jurisdictions, the default and only matrimonial regime is separation of property, though some U.S. states, known as community property states, are an exception. Also, in England, the birthplace of Common law, pre-nuptial agreements were until recently completely unrecognized, and although the principle of separation of property prevailed, Courts are enabled to make a series of orders upon divorce regulating the distribution of assets.

Separate property systems

Separate property systems are based on the premise that marriage is solely an interpersonal union

• Separate Property: All property, pre-marital or marital, is owned separately. (French séparation de biens, Spanish separación de bienes, Dutch scheiding van goederen, koude uitsluiting, German Gütertrennung, Italian separazione dei beni)
• Separate Property with Equitable Distribution: Under this system, when substantially more property acquired during a marriage is owned by one spouse (e.g. title to all marital property is held in the husband's name only), the courts will make an equitable distribution of the richer spouse's property at death or dissolution of the marriage. The object is to prevent widow(er)s and divorce(e)s, and their minor children, being cast into poverty by the death or divorce of the richer spouse.
• Accrual System (South Africa) or Deferred Community Property (Canada): Marital property is separately owned during the marriage, but after marriage (divorce, death of a spouse), the net assets are lumped together as property in joint tenancy and divided. (French participation aux acquêts, Spanish participación, Dutch deelgenootschap, Afrikaans aanwasbedeling, German (standard) Zugewinngemeinschaft, (Swiss) Errungenschaftsbeteiligung, Italian partecipazione agli acquisti, Portuguese (Brazil) participação final nos aquestos).
• Tenancy by the Entirety (United States): "TBE" is a separate property system in which spouses are treated as one person, each having an equal ownership interest in the subject property. In some U.S. states, tenancy by the entirety is limited to realty (e.g. the couple take title to the family home as tenants by the entirety) while other states make it available for both realty and personality (e.g. the couple can also take title to the family automobile as tenants by the entirety).
https://en.wikipedia.org/wiki/Matrimonial_regime

Stuart and Aida Nelson
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
Note to reference poster
Asker: Thanks to you both for your comprehensive research. It was a great help.

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