Legal Definitions - conquisitio

Conquisitio refers to property acquired by a married couple during their marriage through their joint efforts or by means other than individual inheritance or specific gift. In legal systems influenced by civil law, such property is often considered community property, meaning it is owned equally by both spouses.

Here are some examples to illustrate this concept:

• Example 1: Real Estate Purchase

  After John and Maria marry, they decide to purchase a new home together. They both contribute to the down payment from their salaries earned during the marriage, and the mortgage payments are made from their joint income. This house would be considered conquisitio because it was acquired during their marriage through their combined financial efforts, rather than being inherited by one of them or given as a gift solely to one spouse.

• Example 2: Business Ventures

  Sarah and David launch a successful tech startup two years into their marriage. They both dedicate significant time and resources to growing the company, which eventually becomes very profitable. The ownership stake and profits generated by this business would be classified as conquisitio. This is because the business and its assets were created and developed through their joint endeavors while married, making it shared marital property.

• Example 3: Investment Portfolios

  During their 15-year marriage, Emily works as an accountant and regularly invests a portion of her salary into a stock portfolio. Her husband, Mark, is a teacher, and his income covers most of their household expenses, allowing Emily to save and invest. The growth and value of this investment portfolio would be considered conquisitio. Even though only Emily directly managed the investments, the funds used were derived from income earned during the marriage, and Mark's contribution to household expenses indirectly facilitated Emily's ability to invest, making it a shared marital asset.