15 Feb 2026

How does the matrimonial property regime affect the purchase of a property in Spain?

How does the matrimonial property regime affect the purchase of a property in Spain?

When buying a property in Spain, it is important to take the matrimonial property regime into account, as it determines how ownership of the property is acquired and managed. The two main regimes are community of property (sociedad de gananciales) and separation of property (separación de bienes), each with its own legal consequences.

Community of property: What does it involve?
Under the community of property regime, all assets and debts acquired during the marriage belong equally to both spouses, regardless of who contributed or paid for them. In the event of dissolution of the marriage, the assets are divided equally.

Separation of property: Individual asset management
Under the separation of property regime, each spouse retains ownership and control of their own assets, whether acquired before or after the marriage. Each spouse manages their estate independently, without automatic rights to the other’s assets.

What is the effect on purchasing a property in Spain?
The main difference when purchasing a property in Spain lies in the distribution of ownership:

• Under separation of property, each spouse acquires a percentage of the property. This is usually 50%, although other percentages may be agreed upon.

• Under community of property, the property belongs jointly to both spouses in full. Individual percentages cannot be assigned.

In addition, under separation of property, each spouse may sell their share without the consent of the other. In the case of community of property, a sale is only possible with the consent of both spouses.

International considerations when purchasing real estate
These rules apply particularly in countries where community of property is the standard regime. In countries such as the United Kingdom, where separation of property is common, no additional documentation is usually required when purchasing property in Spain.

However, if the couple comes from a country where community of property is the standard regime but has opted for separation of property, the following documentation must be provided:

• The original matrimonial property regime document, duly apostilled.

• A sworn translation of the apostilled document.

Both documents must be submitted at the time of signing the deed of sale in Spain.

Are you planning to buy a property in Spain and unsure how your matrimonial regime affects the purchase? At Imont Legal, we assist you with all your legal questions so you can buy with complete confidence. Contact us today!

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