Who owns what in a marriage in Ecuador?

Property acquired during the marriage is joint by default

Ecuador's default is a conjugal partnership of the property acquired during the marriage, and spouses can choose separation of property.

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 the conjugal partnership, and property from before, 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 a marriage agreement, called capitulaciones, to choose separation of property.

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

Ecuador 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 Ecuador legal-system profile in the Legal Families Atlas →

Official sources

Judiciary of Ecuador

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.