Legal Definitions - communio bonorum

The legal term communio bonorum refers to the concept of shared ownership of property or assets, particularly within a legal framework where multiple individuals have a common interest in those goods. It signifies a "community of goods" where assets are held jointly, often applying to property acquired during a marriage or assets jointly inherited or acquired by partners.

• Example 1: Marital Property in a Community Property State

  Maria and David marry in a state that follows a community property system. During their marriage, David's salary is used to purchase a vacation home, and Maria's income contributes to a joint investment portfolio. Under the principle of communio bonorum, both the vacation home and the investment portfolio are considered jointly owned by Maria and David. Even though one spouse's income might have directly paid for a specific asset, the law views these assets as belonging to the marital community as a whole.

  This example illustrates communio bonorum because the assets acquired during the marriage are not seen as belonging to one spouse individually, but rather as a collective pool of property shared equally by both partners, reflecting their marital union.

• Example 2: Jointly Owned Business Assets

  Sarah, Tom, and Ursula decide to start a graphic design agency as equal partners. They pool their initial capital to buy high-end computers, specialized software licenses, and office furniture for their new studio. They agree that these items are assets of the partnership itself, not individually owned by any one of them.

  Here, the computers, software, and office furniture represent communio bonorum. These assets are held in common by the partnership, meaning all three partners collectively own them for the purpose of their joint business venture, rather than each partner owning a distinct share of each item.

• Example 3: Inherited Undivided Property

  After their grandfather passes away, siblings Emily and Ben inherit a family farm and a valuable collection of antique coins. The will specifies that these items are to be held "in common" by them, without dividing the property into separate portions for each sibling.

  The family farm and the coin collection are examples of communio bonorum. Emily and Ben do not each own half of the farm or half of the coins separately; instead, they both have an undivided, shared interest in the entirety of these inherited assets, meaning they own them together as a single unit of property.