Marriage and Family Code Chapter 5: Rights and Obligations of the Spouses

Under Art. 20, spouses decide on issues related to their marriage and family relations jointly, by mutual agreement, and on the basis of equality. The relationship between the spouses must be based on mutual respect, assistance, and fair distribution of responsibilities. Spouses also have the right to resolve issues related to their personal interests independently. Spouses may choose any of their last names, a double last name, or leave their last name unchanged at their individual discretion in accordance with Art. 21. Both spouses are free to choose their occupation, profession, and place of residence in accordance with Art. 22. Under Art. 23, all property acquired during a marriage, even if one of the spouses did not have independent income during the time of the marriage due to being engaged in housekeeping or childcare, is the common joint property of the spouses. Both spouses have equal rights to the possession, use, and disposal of such property. However, property belonging to one spouse before marriage and property received during marriage by gift or inheritance remains the property of that spouse in accordance with Art. 26. In the event of division of the common joint property of the spouses, the property is divided equally in accordance with Art. 24.