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A married couple under a separation of assets regime wishes to dissolve their co-ownership of two properties by allocating the higher-value property to the wife. The DGT indicates that if the allocation exceeds a co-owner's ownership share, it constitutes a change in assets that triggers a capital gain or loss.
Cuestión planteada Existencia de alteración patrimonial, y, en tal caso, actualización de valores.
La división de la cosa común no es alteración patrimonial si los valores de adjudicación corresponden a la cuota de titularidad. Si se adjudican bienes por un valor superior a la cuota, existe una alteración patrimonial que genera una ganancia o pérdida patrimonial. En este caso, se actualizaría el valor de adquisición de la parte que exceda la cuota de titularidad inicial.
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