Who owns what in a marriage in Costa Rica?
In Costa Rica each spouse owns their own property, and when the marriage ends the net gains made during it are shared.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Each spouse owns and manages what they own, and there is no joint ownership by default.
When the marriage ends in divorce
Each spouse has a claim to a share of the net gains made by the other during the marriage, apart from gifts and inheritances.
A marriage contract
Spouses can make agreements about their property, called capitulaciones, before or during the marriage, in a formal document.
What stays your own, and gifts
Property from before the marriage, gifts and inheritances stay personal.
If one spouse is a foreigner
The country has its own rules on which law applies. Get local advice if one spouse is a foreigner or the couple live abroad.
Understand the legal system first
Costa Rica belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Costa Rica legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Costa Rica? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Set the property rules before the marriage, in your own terms.
For couples who live together without marrying.
Marriage, divorce, custody and support, step by step.
Divide property and settle the terms in writing.
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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
