Who owns what in a marriage in Chile?

Property acquired during the marriage is joint by default

Chile's default is a conjugal partnership, with options to choose separation of property or participation in gains by agreement.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Unless the spouses choose otherwise, the conjugal partnership applies and property acquired during the marriage is shared, while each keeps what they owned before.

When the marriage ends in divorce

The partnership is liquidated and divided. Under separation of property, each keeps their own, and under participation in gains the gains are compared.

A marriage contract

The spouses can agree on separation of property or participation in gains at the wedding or later by public deed.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

Chile has its own rules on which law applies, so foreigners should get local advice.

Understand the legal system first

Chile belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Chile legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Chile? →

Official sources

Library of the National Congress of Chile: legislation

TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.