It is usual in Spanish law to establish a matrimonial property regime before you get married. This can also be modified during the marriage.
Community Property is the most common marital property regime in Spain. This states that all assets acquired during the course of the marriage are jointly owned by you and your partner, and will be split equally should there be a separation or divorce in Spain. It is likely that you will have been married under this regime if no prenuptial agreement has been signed (this is discussed in further detail below).
Other matrimonial property regimes include the Separate Property matrimonial regime, which takes into account property acquired before the marriage. There is also the Profit Sharing regime: a points-based system, which allows you to share in your spouse’s profits.
However it is important to note that a Spanish judge can compensate a spouse or child disadvantaged by the divorce, irrespective of the regime employed.
Upon a divorce in Spain, the matrimonial home will usually be allocated to the spouse who has primary care of any minors, but be aware that local judges may have a different definition of “home”. We once saw a case in which a local judge in Malaga would not classify a substantial, eight-bedroom villa as the “family home”.
Please be aware that some autonomous regions in Spain, such as Catalonia or the Basque Country, have different economic regimes. It is particularly important that you seek further advice if you live in these areas.
