Glossary entry (derived from question below)
Spanish term or phrase:
bajo el régimen de comunidad de bienes
English translation:
under the community property regime
Added to glossary by
Taña Dalglish
Jun 22, 2022 22:34
1 yr ago
58 viewers *
Spanish term
Argentina
bajo el régimen de comunidad de bienes
Spanish to English
Law/Patents
Law (general)
Legal
Hola!
Dentro de un permiso para viajar, aparece la siguiente oración:
"Los esposos de primeras nupcias bajo el régimen de comunidad de bienes XX and XX"
¿Cuál sería el equivalente de "bajo el régimen de comunidad de bienes"?
"XX and XX married in first nuptials under ..."
Dentro de un permiso para viajar, aparece la siguiente oración:
"Los esposos de primeras nupcias bajo el régimen de comunidad de bienes XX and XX"
¿Cuál sería el equivalente de "bajo el régimen de comunidad de bienes"?
"XX and XX married in first nuptials under ..."
Proposed translations
(English)
Change log
Jun 27, 2022 13:07: Taña Dalglish Created KOG entry
Proposed translations
+5
23 mins
Taña Dalglish
Jamaica
Jamaica
Native in English
Specializes in field
Jamaica
Translating the Ideas Behind the Words
Native in: English (Variant: British)
Works in: Spanish to English, English to Spanish, French to English, and 2 more.
Related KudoZ points
:
735
Selected
under the community of property regime
régimen de comunidad de bienes - Translation into English https://context.reverso.net/translation/spanish-english/régi...
En el régimen de comunidad de bienes, el hombre es el administrador legal. Under the regime of community of property, the husband is the legal administrator ...
Diferencias entre el régimen económico matrimonial británico ...
https://traduccionjuridica.es/diferencias-entre-el-regimen-e...
La principal dificultad a la que nos enfrentamos en estos casos es que, a diferencia de los sistemas basados en el Derecho Civil o romano-germánico como el nuestro, el Derecho inglés no cuenta con un régimen económico matrimonial como tal aplicable al matrimonio. En Inglaterra y Gales no existe una **comunidad de bienes (community of property).**
https://uk.practicallaw.thomsonreuters.com/9-534-9806?transi...
Glossary
Community of property regime
A regime under which all assets acquired by a husband and wife during marriage are jointly owned, except personal goods that are exclusively at the disposition of each of the spouses.
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Note added at 1 hr (2022-06-23 00:11:10 GMT)
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Of course, to simply the phrase, you can say:
https://www.proz.com/kudoz/spanish-to-english/law-contracts/...
régimen de comunidad
English translation: joint ownership / co-ownership scheme
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Note added at 4 days (2022-06-27 13:07:24 GMT) Post-grading
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Thank you.
Peer comment(s):
| agree |
Eileen Brophy
12 mins
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Thank you Eileen.
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| agree |
Michele Fauble
2 hrs
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Thank you.
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| agree |
neilmac
8 hrs
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Thank you Neil.
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| agree |
Sebastian Witte
10 hrs
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Thank you Sebastian.
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| agree |
AllegroTrans
: This works for parts of the USA; for most other En-spkg jurisdictions it is too calqued and would mean nothing
1 day 12 hrs
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If you noticed, my second link clearly states that in England and Wales, this option does not mean anything. However, the Asker having posted many times, often posts for US audiences. Rebecca too has provided you with a good explanation.
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4 KudoZ points awarded for this answer.
Comment: "Thanks!"
+3
47 mins
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
1668
subject to joit ownership of goods and assets
I cringe at "community of property" - makes it sound like the whole village owns this couple's goods
Peer comment(s):
| agree |
philgoddard
: But just assets. Goods are assets.
7 hrs
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| agree |
neilmac
8 hrs
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| agree |
Andrew Bramhall
: I share your pain Chris! It's a contradiction in terms. But you're missing an ' n' in 'joint';
23 hrs
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10 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
586
under the scheme of joint tenancy (undivided holding) of property
> though joint tenancy is UK-notarially disliked as English Common Law /'Anglo-Saxon (!) - specific and vs. separación de bienes : (counter-intuitvely and approximately) tenancy-in-common.
This is another old chestnut.
Though Community Property is an IATE-'deprecated' term, it 'did used' to appear in Bromley's English Family Law textbook on foreign matrimonial causes.
Joint tenancy, again, is not only of land but bank accounts. Undivided ownership with 'ideal' = notional shares means an equal holding and, by right of survivorship / ius >jus accrescendi, passing automatically on death to the survivor.
*Co-ownership* is ambiguous as covers both joint and separate ownership, the chapter in most Anglo-Am. land law textbooks covering both joint and separate.
So, to 'add to Rebecca J's discussion entry'.: *tenancy-in-common* is separate ownership, again: not properly understood by many translators & interpreters, including ones who kept on asking the clueless production managers at our London translation office and though I have been trying explain the difference for decades:
Example: a UK / US family home can be held in land- registered shares of 60% / 40%, separately disposable by individual Will e.g. parent holds 99% of the house disposed of by Will and the 'lucky' child a token of 1% paid out on the parent's death.
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Note added at 10 hrs (2022-06-23 08:51:58 GMT)
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PS The legally unqualified UK proprietor of a well-known, ProZ-barred translation agency in the South of England - without consulting me first - riskily / disastrously changed my translation SP/FR> EN from tenancy-in-common (sep. ownership) to the opposite as a joint tenancy (undivided ownership) and had to be warned of the professional negligence implications.
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Note added at 4 days (2022-06-27 14:49:31 GMT) Post-grading
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Beside limited, universal lay-person knowledge of what constitutes a 'tenancy-in-common, there seems to be a dreadful misunderstanding and misconceptionof a joint tenancy in ('Anglo-American' Common Law that also applies to non-land:
'Two or more people who own an asset together may be referred to as joint tenants in common. Assets may include real estate, *bank accounts, brokerage accounts*'.
This is another old chestnut.
Though Community Property is an IATE-'deprecated' term, it 'did used' to appear in Bromley's English Family Law textbook on foreign matrimonial causes.
Joint tenancy, again, is not only of land but bank accounts. Undivided ownership with 'ideal' = notional shares means an equal holding and, by right of survivorship / ius >jus accrescendi, passing automatically on death to the survivor.
*Co-ownership* is ambiguous as covers both joint and separate ownership, the chapter in most Anglo-Am. land law textbooks covering both joint and separate.
So, to 'add to Rebecca J's discussion entry'.: *tenancy-in-common* is separate ownership, again: not properly understood by many translators & interpreters, including ones who kept on asking the clueless production managers at our London translation office and though I have been trying explain the difference for decades:
Example: a UK / US family home can be held in land- registered shares of 60% / 40%, separately disposable by individual Will e.g. parent holds 99% of the house disposed of by Will and the 'lucky' child a token of 1% paid out on the parent's death.
--------------------------------------------------
Note added at 10 hrs (2022-06-23 08:51:58 GMT)
--------------------------------------------------
PS The legally unqualified UK proprietor of a well-known, ProZ-barred translation agency in the South of England - without consulting me first - riskily / disastrously changed my translation SP/FR> EN from tenancy-in-common (sep. ownership) to the opposite as a joint tenancy (undivided ownership) and had to be warned of the professional negligence implications.
--------------------------------------------------
Note added at 4 days (2022-06-27 14:49:31 GMT) Post-grading
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Beside limited, universal lay-person knowledge of what constitutes a 'tenancy-in-common, there seems to be a dreadful misunderstanding and misconceptionof a joint tenancy in ('Anglo-American' Common Law that also applies to non-land:
'Two or more people who own an asset together may be referred to as joint tenants in common. Assets may include real estate, *bank accounts, brokerage accounts*'.
Example sentence:
joint tenancy (undivided ownership) vs tenancy in common (separate ownership) Spanish translation: régimen de bienes mancomunados con derecho de sobrevivencia/sin derecho de sobrevivencia Entered by: Manuel Cedeño Berrueta
es régimen de comunidad universal de bienes CJUE en full community property system CJUE community of property DEPRECATED CJUE rights arising from equal sharing of matrimonial assets CJUE rights in property based on universal community DEPRECATED
Reference:
http://www.proz.com/kudoz/spanish-to-english/law-contracts/1151834-régimen-de-comunidad.html
Peer comment(s):
| neutral |
AllegroTrans
: I fail to see how "tenancy" is preferable to "ownership" since this involves everything from a matchbox up to a mansion; I doubt if "tenancy", even when applied to real estate ownership, would be understood anywhere outside GB
1 day 3 hrs
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Joint tenancy - incl. 'jointly tenanted bank a/cs' as *I mentioned* & primarily to contrast with ProZ & general ignorance of tenancy-in-common as separate property - is used throughout (ENG) Common Law countries of the Brit. Commonwealth, plus the USA.
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Reference comments
3 hrs
Michele Fauble
United States
United States
Native in English
United States
Native English
Native in: English
Works in: Norwegian to English, Danish to English, Swedish to English
Related KudoZ points
:
22
Reference:
Community property
“ Community property (United States) also called community of property (South Africa) is a marital property regime that originated in civil law jurisdictions but is now also found in some common law jurisdictions.[citation needed]. Community of property regimes can be found in countries around the world including Sweden,[1] Germany,[2] Italy,[3] France,[4] South Africa[5] and parts of the United States.[6]
Under community property regimes, depending on the jurisdiction, property owned by one spouse before marriage, and gifts and inheritances received during marriage, are treated as that spouse's separate property in the event of divorce. All other property acquired during the marriage is treated as community property and is subject to division between the spouses in the event of divorce. In some cases, separate property can be "transmuted" into community property, or be included in the marital estate for reasons of equity.”
https://en.wikipedia.org/wiki/Community_property
Under community property regimes, depending on the jurisdiction, property owned by one spouse before marriage, and gifts and inheritances received during marriage, are treated as that spouse's separate property in the event of divorce. All other property acquired during the marriage is treated as community property and is subject to division between the spouses in the event of divorce. In some cases, separate property can be "transmuted" into community property, or be included in the marital estate for reasons of equity.”
https://en.wikipedia.org/wiki/Community_property
Peer comments on this reference comment:
| agree |
Thomas Walker
: It seems that "community of property" and "community property" are equivalent phrases, but which is used i a given instance is mostly matter of local dialect and custom. In the western U.S., where I live, I hear almost exclusively "community property."
6 hrs
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| agree |
T o b i a s
12 hrs
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| agree |
AllegroTrans
: I accept this would be understood in parts of USA; definitely not in UK
1 day 9 hrs
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It would be understood in the USA even in those states that are not community property states.
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10 hrs
Helena Chavarria
Spain
Spain
Native in English
Works in field
Spain
Striving for excellence
Native in: English (Variant: British)
Works in: Spanish to English, Catalan to English
Related KudoZ points
:
373
Reference:
matrimonial property regime
I translate into UK English and I always use 'matrimonial property regime'.
Is there a statutory matrimonial property regime and if so, what does it provide?
2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
England/Wales:
England and Wales do not have a matrimonial property regime as such, there is no community of property and thus marriage in principle does not have a proprietary effect. However, upon divorce the courts are given a very wide discretion to make a wide range of orders (referred to as 'ancillary relief') (see answer to 5.1.).
Is there a statutory matrimonial property regime and if so, what does it provide?
2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
England/Wales:
England and Wales do not have a matrimonial property regime as such, there is no community of property and thus marriage in principle does not have a proprietary effect. However, upon divorce the courts are given a very wide discretion to make a wide range of orders (referred to as 'ancillary relief') (see answer to 5.1.).
Discussion