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Matrimonial Property Regimes

Specialist Lawyers in Matrimonial Property Regimes

We study the specific circumstances of each couple and handle drafting, modifying, or liquidating the matrimonial property regime. In cases of liquidation, we advise on the most efficient method to carry it out, whether within the divorce petition or as an independent judicial procedure.

The matrimonial property regimes under the Spanish Civil Code are three:

There are three matrimonial property regimes provided for in the Civil Code: community property, separate property, and participation in profits.

Community Property (Sociedad de Gananciales): During the marriage, the profits obtained by the spouses are considered common property. Assets acquired before the marriage, by inheritance, or donation are private. Generally, both spouses must consent to dispose of community property.
Separation of Property (Separación de Bienes): Each spouse maintains ownership, management, and disposal of their assets regardless of acquisition date. This regime prevents one spouse from being liable for the other's debts, except to cover family expenses. It is common when one spouse runs a business.
Participation in Acquisitions: An intermediate regime where the estates remain separate but upon dissolution, the spouse with lower gains during the marriage is compensated.