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Legal Definitions - extradotal property
Definition of extradotal property
Extradotal property refers to assets owned by a wife that are distinct from her dowry (dotal property) and over which she retains independent control, even during marriage. Historically, in legal systems where dowries were customary, a dowry was property or money a bride brought to her husband upon marriage, often managed by the husband. Extradotal property, however, remains the wife's separate estate, not subject to her husband's administration or the general marital community property.
Example 1: Inherited Assets
Sarah inherited a valuable antique jewelry collection from her grandmother several years after she married Mark. Her grandmother's will specifically stated that the jewelry was to be Sarah's personal property, not to be considered part of any marital estate or dowry. This jewelry collection is considered extradotal property because it belongs solely to Sarah, was not part of any dowry she brought into the marriage, and she retains full control over it.
Example 2: Pre-Marital Business Ownership
Before marrying David, Emily owned and operated a successful graphic design studio. She kept her business accounts separate from their joint finances after marriage and continued to manage the studio independently. The business and its assets, including its intellectual property and equipment, constitute Emily's extradotal property. It was acquired before her marriage, was never intended as a dowry, and she maintains sole ownership and operational control.
Example 3: Personal Gifts
For her birthday, Maria received a significant monetary gift from her wealthy aunt, with the explicit instruction that it was for Maria's personal use and investments, separate from her husband, Carlos, and their household expenses. Maria deposited the money into a separate investment account in her name only. This gift is extradotal property because it was given directly to Maria for her individual benefit, was not part of a dowry, and she has exclusive rights to manage and utilize these funds.
Simple Definition
Extradotal property refers to a wife's personal assets that are not part of her dowry, also known as dotal property. This type of property remains under the wife's independent control and management, separate from the assets contributed to the marriage as a dowry.