Who owns what in a marriage in Colombia?

Property acquired during the marriage is joint by default

Colombia's default is a conjugal partnership of the property acquired during the marriage, which can be set aside by a marriage 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

Property acquired during the marriage forms a conjugal partnership, while property from before and gifts and inheritances stay personal.

When the marriage ends in divorce

The conjugal partnership is liquidated and divided between the spouses.

A marriage contract

Spouses can make pre-nuptial agreements, called capitulaciones, to set a different arrangement.

What stays your own, and gifts

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

If one spouse is a foreigner

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

Understand the legal system first

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

Official sources

Ministry of Justice of Colombia

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.