La presunción de ganancialidad desde la perspectiva del Tribunal Supremo

Abstract

The purpose of the study is to analyse the main case law decisions concerning the presumption of joint-ownership of property acquired during the spouses» community of property regime (Art. 1361 CC). As a consequence of the presumption of Art. 1361 CC, the voluntary attribution of the marital property as community property and the right of redemption for the values paid by only one of the spouses are examined. Finally, some cases of assets that are difficult to determine during the duration of the marriage are discussed. The paper pays special attention to the case law of the Spanish Supreme Court in the last five years.