Matrimonial Property Regimes in Spain for International Couples
How matrimonial property regimes affect international couples in Spain — community of property vs separation of assets and what it means for your rights.
When international couples marry or buy property in Spain, the matrimonial property regime that applies can have enormous implications for their assets and rights.
What Is a Matrimonial Property Regime?
It determines how assets acquired during marriage are owned: jointly or separately. Spain has different default regimes depending on the autonomous community.
Community of Property (Gananciales)
The default regime in most of Spain. Assets acquired during marriage belong equally to both spouses. Debts are also shared.
Separation of Assets (Separación de Bienes)
The default regime in Catalonia, Balearic Islands and Valencia. Each spouse retains ownership of assets they acquire individually.
Which Law Applies to International Couples?
Under EU Regulation 2016/1103, the applicable law is determined by:
1. The spouses' agreement (prenuptial or postnuptial)
2. The first common habitual residence after marriage
3. The common nationality of the spouses
Why It Matters for Property Purchases
If you buy property in Spain under community of property rules, your spouse automatically owns half — even if only one name is on the deed.