Sunarp: More and more Peruvians are getting married under the separation of assets regime

The National Superintendency of Public Records (Sunarp) reported that, between January and September 2021, a total of 6,346 regimes were registered for the separation of assets and substitution of the patrimonial regime, a figure that exceeds by 7.23% the total registrations extended throughout 2020.

Only last September 923 regimes were registered for the separation of assets and substitution of the patrimonial regime, an amount that represents a monthly historical peak this year, as well as the highest in the record since 2015.

According to Sunarp, at the regional level, Lima has the highest number of registered property separations (3,634). They are followed by Arequipa (651), La Libertad (310), Lambayeque (217), Piura (198), Ica (163), Cusco (149), Áncash (133) and Junín (120).

At the opposite extreme, the regions with the least number of registered property separations are Apurímac (23), Amazonas (22), Madre de Dios (19), Huancavelica (9) and Pasco (9).

The Personal Registry of Separation of Assets and Substitution, a member of the Registry of Natural Persons, is administered by Sunarp, a unit attached to the Ministry of Justice and Human Rights (Minjus).

Sunarp: What is the separation of assets?

Before getting married, Sunarp also advises that future spouses can opt for a joint property partnership regime or one with separation of estates. The first is acquired automatically after the civil marriage and implies that the assets acquired by the spouses are owned by both.

On the other hand, in the regime of separation of patrimonies, it is legally established which assets are owned by each member of the couple. In this way, each one fully preserves the ownership, administration and disposition of their present and future assets.

Separation of assets in Peru: How do I do?

If the couple chooses the regime of separation of assets, and is not yet married, you will need to follow the following steps:

1. Go to an authorized notary’s office to manage a public deed of separation of assets in which both state that they want this regime for their marriage.
2. After formalizing the document, the notary will begin the registration process with Sunarp.
3. Cancel the registration fee for registration, which amounts to S / 22 (this amount does not include notary services).
4. As of its registration, the separation of assets or patrimonies will begin to govern.

One of the immediate effects of the registration of a separation of property in a certain conjugal partnership is protection against possible damage due to debts that one of the spouses may acquire during the marriage, since these are paid with the debtor’s own assets, as established in article 328 of the Civil Code.

Separation of estates: I already married, can I still?

If the couple has already been married, but wishes to change their property regime, You may opt for a separation of assets before Sunarp. For this, it is necessary that you go before an authorized notary and carry out a previous liquidation of assets, if they were acquired since the celebration of the marriage.

Said settlement will be recorded in a minute, in which it must also be specified that both are in favor of the distribution. In this way, the joint property partnership of the couple is liquidated and ownership of the goods is assigned to each, according to what has been agreed.

Then, the notary raises the minute to a public deed and sends the part to Sunarp, along with the following requirements:

1. The registration application (free delivery at any registry office), duly filled out and signed.
2. The notarial part of the public deed of substitution of patrimonial regime, which contains the declaration of both spouses to substitute their patrimonial regime of joint property company for that of separation of patrimonies.
3. Cancel the registration fee for the registration of the separation of assets regime, which is S / 22 (this amount does not include notarial services).

Once the registration process is completed, each member of the couple will maintain the ownership, administration and disposition of their present and future assets, and the fruits and products of said assets will correspond to them. Don’t give up hope.