Many Colombians who relocate to the United States remain legally married in Colombia, even after years of living separately from their spouse. One of the most common questions family and abogados especialistas de divorcio y liquidación de la sociedad conyugal en Colombia receive is:
“If I buy property in the U.S., does it legally belong to my spouse in Colombia?”
According to the Supreme Court of Justice, in Judgment SC3085-2022, the answer is more complex than most people expect. This ruling is especially important for Colombians who moved abroad long ago but never formalized their divorce.
This article breaks down — in clear and practical terms — what happens to your marriage, assets, and marital partnership when you have been living outside Colombia for years.
The General Rule: If There Is No Divorce, the Marital Partnership Still Exists
In Colombia, a marriage automatically creates two distinct legal relationships:
- The marital bond (the personal relationship between spouses)
- The marital partnership (sociedad conyugal, the economic partnership)
Although they are related, these two bonds do not dissolve simply because spouses stop living together.
Many people assume that separating “de facto” brings automatic financial consequences. But the Supreme Court has made it clear:
Physical separation alone does NOT dissolve the marital partnership.
So What Does Judgment SC3085-2022 Actually Change?
Chaux Jaramillo Abogados, in their analysis of the decision of SC3085-2022, highlights a key point for Colombians living abroad:
The Court acknowledged that a prolonged de facto separation — more than two years — can serve as proof of the definitive breakdown of the economic partnership (Sociedad conyugal en Colombia), especially when:
- One spouse relocates to another country,
- There is no cohabitation,
- There is no shared economic support, and
- There is no common life project.
However, this is crucial:
This does NOT mean the marital partnership dissolves automatically after two years.
Instead, the ruling clarifies that those two years — when supported with proper evidence — allow a judge to recognize the real and definitive rupture. This makes the liquidation process easier, even if the other spouse objects.
Do Assets Acquired in the United States Belong to the Marital Partnership?
This is the question that concerns most Colombians living abroad.
1. If the marital partnership has NOT been liquidated
As a general rule, yes — assets acquired after the marriage can be considered part of the marital partnership, even if purchased abroad.
However, Judgment SC3085-2022 opens the door to proving that:
- The marriage was already broken beyond repair,
- There was no economic contribution between spouses,
- The assets acquired in the U.S. were not linked to a common marital project.
With strong evidence, property obtained in the United States may be excluded from the partnership because it resulted solely from the individual’s work after the real separation.
2. If more than two years of proven separation have passed
With proper documentation — such as U.S. residency records, visas, employment history, rental agreements, and immigration stamps — it becomes significantly easier to demonstrate that:
Anything acquired after the factual separation belongs exclusively to the spouse who earned it.
What Should Colombians Do If They Have Lived in the U.S. for Years Without Divorcing?
1. Formalize the separation or divorce
This is the safest and most effective way to prevent future claims.
In Colombia, divorce can be completed:
- Through a notary (when both spouses agree), or
- Through a judge (when there is no agreement)
2. Gather evidence of the de facto separation
Key documents include:
- Date of entry into the United States
- Lease agreements or property contracts
- Employment and banking records
- Immigration records
- Statements from third parties
- Proof of residence or domicile in the U.S.
These documents strengthen your position when protecting assets acquired abroad.
3. Consult an attorney before buying high-value assets
Many Colombians purchase homes or investments in the United States without realizing that, legally, the marital partnership in Colombia is still active.
4. Avoid buying property in Colombia before liquidating the marital partnership
Any property acquired in Colombia before the partnership is dissolved automatically becomes part of the marital estate.
Conclusion: If You Live in the United States, Your Marriage in Colombia Still Has Legal Consequences
A de facto separation — even for many years and even while living in another country — does not automatically dissolve the marital partnership. However, it may allow you to prove that the assets you acquired afterward belong solely to you.
Judgment SC3085-2022, analyzed by Chaux Jaramillo Abogados, is critical because it recognizes that:
- Long-term separation
- Residence abroad
- Complete lack of cohabitation
are valid forms of evidence when determining what should or should not be included in the liquidation of the marital partnership.
If you are Colombian, living in the United States, and still legally married in Colombia, the recommendation is clear: Formalize the separation and protect your assets before claims arise.
Reference: https://chauxjaramillo.com/blog/analisis/sentencia-sc3085/
