Who owns what in a marriage in Costa Rica?

Separate ownership during the marriage, with the gains shared at the end

In Costa Rica each spouse owns their own property, and when the marriage ends the net gains made during it are shared.

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

Each spouse owns and manages what they own, and there is no joint ownership by default.

When the marriage ends in divorce

Each spouse has a claim to a share of the net gains made by the other during the marriage, apart from gifts and inheritances.

A marriage contract

Spouses can make agreements about their property, called capitulaciones, before or during the marriage, in a formal document.

What stays your own, and gifts

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

If one spouse is a foreigner

The country has its own rules on which law applies. Get local advice if one spouse is a foreigner or the couple live abroad.

Understand the legal system first

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

Official sources

Ministry of Justice of Costa Rica

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.