Expat Community > Ecuador

marcoschiluisa
Joined 2013
Posts: 10

Marriage in Ecuador (Rights and Duties for Foreigners)

10 years ago

I have been consulted many times about the rights and
obligations of married expats, who have gotten married outside Ecuador and have chosen
to make Ecuador their new home. This may be currently one of the most common
concerns about starting this new adventure of living in Ecuador.
Therefore it is important to clarify that the Ecuadorian civil code grants the same civil
rights to those marriages celebrated abroad, as to those celebrated on Ecuadorian soil, as
long as they comply with the laws of this country.
Article 103 of the Ecuadorian Civil Code states “Foreign married couples that are
domiciled in Ecuador, are subject to the obligations established by this Code, and are
entitled to the rights granted by the same.”
But how does one come to “be domiciled” in Ecuador?
Foreigners are considered to be domiciled in Ecuador at the moment that they obtain their
cedula (national identification card) within 30 days of obtaining their residency visas.
(Article 108 of the Civil Registry and Cedula Process Law)
But where do you register a marriage celebrated outside Ecuador?
Marriages celebrated abroad, between foreigners, are to be registered in the office of the
Civil Registry for Identification and Cedula Processing closest to the place where the
couple is residing in Ecuador, once both spouses have residency status in the Republic of
Ecuador, according to the provisions of the Law of Foreign Affairs. The marriage is
registered by recording information from the authenticated (apostilled) and legally
translated Marriage Certificate. (Article 37 of the Civil Registry and Cedula Process Law)
In Ecuador, marriage, as a fundamental societal institution is constituted based on equality
in rights and duties.
In terms of property, Ecuadorian Legislation initially recognizes marriages celebrated
abroad as property-separate, as long as the couple was married without declaring joint
property ownership from the beginning.

Buying and Selling Assets
For the purchase of goods and/or property rights, as a general rule, the marital partnership
is seen as somewhat of a business entity. Thus, it is understood that said assets are going
to contribute to the increase of the “net value” of the marital partnership, and therefore
the signature of just one of the spouses is sufficient to complete the acquisition.
For the sale of the goods of the married couple, it is a different story, and the law
specifically establishes that the consent of both spouses will be necessary, especially for
the sale of real estate, vehicles or shares in a company. It is therefore important to take
into account the marital status of the seller when reviewing a contract for a property you
may be buying, to avoid conflicts in the future, because if a married couple is selling and
both spouses do not sign, the contract will be null and void.
Marital Property Agreements
Are civil contracts signed between spouses before, during, or after legal marriage, which
establish the independence of the assets of the spouses. Thus the basic rule of consent for
the sale of goods (by signature of both spouses) is nullified. Marital property agreements
should be registered in the property registry, where they will be recorded in the margin
of the original marriage contract. Any married person who may want to sell property must
justify the registration of a marital property agreement by presenting the annotated
marriage contract before the notary and property registry.

Written by: Marcos Chiluisa
Translated by: Kelsey Gottschalk

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Marriage in Ecuador (Rights and Duties for Foreigners)

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