Spanish Marriage Law on the Administration of Matrimonial Property
As we previously discussed in another article, foreign people getting married in Spain can choose to follow the Spanish marriage law to regulate the relationship between husband and wife.
Next, we will talk about one of the most important issues when a man and a woman get married, that is, how to manage the property of both parties. Spanish marriage law can be divided into two systems for the administration of the couple’s property: community of property (ganancial) and division of property (separación de bienes). The spouses can choose either system.
How can I choose a property management system?
According to the Spanish Civil Code, when a couple gets married, the default system is the regimen de gananciales, i.e. if no declaration is made at the time of the marriage, the regimen of gananciales will be chosen by default. Note: In some regions, such as Catalonia, division of property is the default.
How to choose the division of property?
If a couple wants to choose the division of property, there are three ways to do so:
- A Marriage Contract, known as capitulaciones matrimoniales in Spanish, can be signed the moment the marriage is registered.
- The capitulaciones matrimoniales can also be signed before the marriage is registered. At that time, it can be done at any notary’s office. All the couple needs to do is to bring their residence with them, and the notary’s office usually has a template for writing it. Unless the couple has a special agreement to make, the notary’s template is very useful.
- It is also possible to turn a property management system into a property division after the marriage, if the parties are said to be registered as married. At that time, as mentioned above, it is simply necessary to go to a notary to sign the Marriage Contract.
The advantages of property division
On this point, you are welcome to read the article:Benefits of marital property division if you run a business
