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REAL ESTATE, NEXUS GROUP, INFORMA

It must be recognized that from the logical point of view the argument seems acceptable, but it immediately decays when we are faced with articles 1373 and 1370 of the Civil Code that show what the general system is, with exceptions, that our civil text follows.

The first of the articles indicates that for the debts of one of the members of the couple, their proprietary assets respond first and, subsidiarily, the community assets, but not all, and their spouse may demand that the lock be limited to half of the joint assets debtor, with termination of the aforementioned regime. Let us remember that it is a common opinion that debts are not presumed community (R of the DGRN of March 17, 2005).

However, this article is not the one that gives us the solution but the 1370 that indicates that in the case of deferred price of a community property acquired by only one of the spouses (if both are purchased, article 1367 would be applicable, which makes the both) the property will respond "without prejudice to the responsibility of other property according to the rules of this Code" that is, it will respond according to the criteria of art. 1373 cited above, which implies that the creditor, in addition to being able to exercise his action against the good sold (all the good), can only go against the proprietary property of the buyer and in the absence of these against the community property in the manner determined by said art. 1373, which allows the spouse who did not buy to safeguard "his half of the joint property", it does not seem that in this case the principle of joint responsibility of the joint property (all or half of the acquiring spouse) and the exclusive property of the buyer of the art. 1369 CC, since although the expenses of acquisition of the common goods are in charge of the community property according to art. 1362 said provision applies to the internal sphere or between spouses and not to the sphere of liability towards third parties.

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