Who owns what in a marriage in Peru?

Property acquired during the marriage is joint by default

Peru's default is a community of acquisitions, and spouses can choose separation of property by public deed.

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 is joint, and property from before and gifts and inheritances stay personal.

When the marriage ends in divorce

The community is liquidated and divided equally between the spouses.

A marriage contract

Spouses can choose separation of property by a public deed before the marriage or later, registered in the public registry.

What stays your own, and gifts

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

If one spouse is a foreigner

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

Understand the legal system first

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

Official sources

Peruvian Ministry of Justice and Human Rights

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.