Separation of Assets in Spain

Filed under : Family Law

Many English people will remember signing their Deeds, (Escritura),
of their property at the Notary.  Spanish
Notaries are officials of the state and have extensive experience and
knowledge.

Sometimes they ask a couple about their “matrimonial regime”
and this can cause confusion with English and British nationals who are not
aware of the concept.

This is because it is a civil law concept familiar to the
rest of Europe but not applied in English common law or
matrimonial law.   In Spain the couple can elect to hold their assets separately or as “gananciales”,
Community of Property.  The default or
common regime is gananciales.

For example, a husband or wife may have a property purchased
after marriage but registered in their own personal name rather than
jointly.  Where this property is the
matrimonial home and the marriage has been a long one, the English
Court would take it into consideration when
talking about a division of assets. This brings the English regime on divorce
closer to that of Community of Property or gananciales where assets acquired
during marriage are divided 50/50,

Similarly a pre-nuptial contract, generally signed before a
Notary, is considered as binding in Spain.  In English law it is one of the factors taken
into account on divorce but can be overturned depending on the individual
circumstances.

For more information on this subject, or to make an appointment for a
private consultation, please contact us at De Cotta Law, De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547