Why is it so important to mention the marriage regime in the title deed?


20 / Jun

When buying a property, it is very important to clearly state at the time of purchase whether you are married and if so, under which marital regime.

It can be under the community property regime, so everything you buy also becomes the joint property of your spouse, but it is also possible that you have chosen to keep the properties separate by means of the asset separation regime. Because of the substantial difference between the two marriage regimes, it is very important to mention the applicable marriage regime when signing a deed of sale. I will explain why.

If the notary establishes that you are married according to the marriage regime of your country without further explanation as to which regime is applicable, both the notary and the registry will assume that you are married according to the community property regime. In other words, everything you buy will also be acquired half by your spouse. At the time of sale, the notary will require all owners to sign the deed of sale, either personally or by power of attorney. That is, both you and your spouse must sign it. If one of the parties does not want to sign, for example because you are divorced and there is no contact between you anymore, the notary will refuse the sale and you will be stuck with a property you cannot sell.

This can be solved very easily, by including the marriage regime in the deed of purchase of the property and even providing the marriage agreements if you have them.

Are you getting divorced and have you bought half of the property with your ex-partner? Before signing the separation or divorce documents in your country, you should seek advice in Spain on the division of the property you have in common in order to avoid future problems at the notary.

Would you like to solve an existing problem in the property register related to matrimonial property division when purchasing a property? Do not hesitate to contact us so that we can advise you.

Selena Escandell