Also known as: fruits · civil fruits · natural fruits · industrial fruits · fructus · fructus civiles · fructus naturales
Written by attorneys · grounded in primary & secondary sources — see below
A product or yield derived from property that does not consume the principal asset. In civil law community property systems, fruits from community assets during marriage are classified as community property.
Maria and Luis owned an orange grove acquired during marriage. The trees produced a large crop sold for cash. Maria claimed the sale proceeds as community property. The court classified the crop as fruits and awarded half to each spouse.
Elena and Diego purchased an apartment building with community funds. Monthly rents were deposited into a joint account. Diego argued the rents were his separate property after separation. The court held the rents constituted fruits belonging to the community estate.
Sofia and Marco maintained a joint savings account funded by community wages. The bank credited interest each quarter. Sofia sought to treat the interest as separate after filing for divorce. The court ruled the interest was community fruits subject to equal division.
Select any source to read its text and confirm it supports the definition.
Ana and Roberto owned a herd of cattle bought during marriage. Several cows gave birth to calves that were later sold. Roberto claimed the calves as his separate property. The court classified the offspring as fruits of community property and divided the proceeds equally.
Isabel and Carlos acquired shares in a corporation with community savings. The company paid quarterly dividends into their brokerage account. Isabel asserted the dividends were separate after the couple separated. The court determined the dividends were community fruits.
Patricia and Antonio operated a vineyard purchased during marriage. The annual grape harvest was sold to a winery. Antonio attempted to keep the sale proceeds as separate property. The court held the harvest constituted fruits of community property and ordered equal division.
Fruits are renewable and recurrent yields that do not consume the underlying asset. Rents and interest fall within this category while capital gains from separate property are treated as profits. The distinction determines whether an item is community or separate property in marital regimes.
Supporting sources
Yes. Dividends from community-owned stock and interest earned on community bank accounts are classified as fruits. They belong to the community estate and are divided equally upon divorce or dissolution.
Offspring of community-owned animals are treated as fruits. The young animals and any proceeds from their sale are community property subject to equal division between the spouses.
…S. 27 (2001). [^maj-6]: Police investigations themselves are, of course, in no way impugned by our characterization of their fruits as testimonial. Investigations of past crimes prevent future harms and lead to necessary arrests. While prosecutors may hope that inculpatory "nontestimonial" evidence is gathered, this is…