Lawyers Marbella

Matrimonial economic regime in Spain

Matrimonial economic regime: types

Before entering into marriage in Spain, there is a very important question that future spouses must decide: what kind of matrimonial economic regime they will choose during their coexistence. To help you with this phase, we invite you to read the following information.
There are two basic economic regimes during marriage: the marital property and the separation of property. The first one is regulated in articles 1344 and following of the Civil Code. In this regime there is no division between the goods and profits of one and another spouse, and all belong to the partnership of proindiviso. In any case we must bear in mind that there are also privative goods (such as clothing, appliances, etc.) to which each spouse will be entitled. It is important to keep this in mind as this nuance is not always known.
On the other hand, the separation of goods is regulated in articles 1345 and following of the Code. As its name suggests it is an option that separates the assets and profits of each spouse. In case of divorce each one will have right to their respective goods.

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As we can see, each of these regimes has advantages and disadvantages: the community of joint ownership allows total solidarity between the spouses, but in case of divorce it can be more complicated to liquidate. In the separation of property the opposite process occurs: it will be easy to liquidate in case of divorce, but it reduces the economic solidarity between the spouses. Although the decision on the regime of marriage is something that each couple must decide, we recommend first having the advice of a lawyer to help us.

From our office we can offer personalized advice so you can decide with all the guarantees. It is very important to have the prior advice of a english lawyer in these types of matters. Therefore, we invite you to contact us for more information. Our office in Marbella will be happy to assist you.