Bill and Melinda Gates divorce: what would your separation of assets look like in Colombia?
Bill Gates is the fourth richest person in the world, according to "Forbes." His fortune is close to US $ 130,000 million.
After 27 years of marriage, Bill Gates, the billionaire businessman and co-founder of Microsoft, and his wife Melinda, announced through a statement the news of their divorce.
"After much thought and a lot of work in our relationship, we have made the decision to end our marriage," explained the now ex-partner, who chairs the Bill and Melinda Gates Foundation.
— Bill Gates (@BillGates) May 3, 2021
Bill Gates is the fourth richest person in the world, according to Forbes, since his fortune is close to US $ 130,000 million, which he obtained mainly through Microsoft, created in the 70s, which would later become the company of largest software on the planet.
The couple share the charitable company they founded in 2000, which aims to provide opportunities in health and education in various countries, and which is currently considered one of the largest private solidarity foundations in the world, since it has assets of more than US $ 55,000 million.
After the announcement of their divorce, one of the questions that have arisen in the thread of the conversation is what the division of assets of the multimillionaire marriage will be like, since they have several businesses and real estate in common.
According to information from Forbes, Bill and Melinda have signed a contract that defines how finances should be managed after their separation; Likewise, your assets will be divided as established in your divorce agreement.
If it were in Colombia, how would your assets be divided?
According to the existing regulations in Colombia, when the conjugal partnership is terminated, which has its origin with the celebration of the marriage, the assets and debts that derive from it and that the spouses share must be determined.
Once the payments for the debts of the conjugal partnership are assumed, the assets that remain (also called community property) are those that will be distributed between the couple in equal parts.
Now, all those that have been acquired by the spouses during the marriage until before their divorce are shared property of the conjugal society. Of course, assets that each spouse has received for free, that is, from inheritances or donations, are excluded.
In the country, the separation of property can be carried out as a result of divorce, but it can also be requested before, if the intention of the couple is to remain married.
If it is the first case, when the couple decides to divorce, the liquidation of the conjugal partnership must be done before a judge or notary, provided there is a mutual agreement. Whatever the reason behind the separation of assets, it is necessary to seek the advice of an attorney.
Keep in mind that this is a procedure that has a cost, in accordance with the notarial and registration fees established by law.
Other possible scenarios
Although the most common is the separation of assets in equal parts after a divorce, especially if you do not have a prenuptial agreement, there are other possible scenarios in the marital settlement.
One of them is that, after the payment of the shared debts, there is no property (there are no assets available to divide). This can happen because during the marriage, no assets were added to the patrimony of each person or those that were acquired were through inheritances, donations, lotteries, etc.
Also, either party can waive the assets that were left, arguing their personal reasons. It should be clarified that it must be demonstrated that she has the capacity to do so; in other words, that he does not have mental problems or any impediment that does not allow him to express her will freely, and that he does not do so for or against the interests of third parties.
In the event that one of the spouses dies, the property separation takes into account the joint assets that correspond to the surviving party. If the latter does not have the necessary resources to ensure a dignified survival, she can avail herself of the marital portion, which is an additional sum to guarantee her economic security.
